Disclaimer

 

Disclaimer

The information on this website is only intended for general informative purposes. The information is provided by Favoraid, and while we do our best to keep the information current and correct, we make no declarations or guarantees, explicit or implicit, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related images on the website for any purpose. Relying on such information is thus strictly at your own risk.

In no event are we liable for any loss or damage, including but not limited to, indirect or consequential damages due to loss or damages, or loss or damages resulting from the loss of data or profits resulting from, or connected with, the use of this website.

We are in no case responsible for information placed and/or distributed by persons and companies on the website or in other media.

On this website, there are links to other websites that are not administered by Favoraid. We have no control over the nature, content and availability of these websites. The inclusion of links does not necessarily represent a recommendation or support for the viewpoints on that site by Favoraid.

Everything possible is done in order to ensure the website functions quickly and smoothly. However, Favoraid takes no responsibility for and cannot be held liable because the website is temporarily unavailable due to technical problems that are out of our control.

This website and the contents thereof are copyrighted by Favoraid - © Favoraid 2015. All rights reserved.

 

1. Applicability

1.1 Every user accepts being legally bound by this Disclaimer. This Disclaimer is applicable to all requests, offers, projects and agreements of Favoraid and all her weapplications.

1.2 Favoraid is always entitled to change this Disclaimer without notice to the user. It is the responsibility of the user to stay informed about the changes that are made by Favoraid. The most recent version of the Disclaimer is available on this website. If the user continues to use the website after changes to this Disclaimer, this means that the User irrevocably accepts the current Disclaimer (as changed).

1.3 This Disclaimer is set up in the Netherlands.

1.4 Deviations from this Disclaimer are only binding if and insofar as confirmed in writing by Favoraid.

1.5 If one or more provisions of this Disclaimer are neutralised, declared void or proven to be invalid, the other provisions remain in effect in their original form, as agreed by Favoraid.

 

2. Use of the webapplications (online platform and Charity Story App)

2.1 The User guarantees that he or she is entitled to make use of the services offered by Favoraid and that he or she will act in accordance with this Disclaimer and, if applicable, the Special Conditions. The user guarantees that he or she will always fulfil the obligations under this Disclaimer and, if applicable, the Special Conditions, and that he or she will always adhere to all laws and regulations for the use of the webapplications.

2.2 Notwithstanding the other provisions of this Disclaimer, the actions and/or activities conducted by the end user with respect to Favoraid or the webapplications may not:


(A) violate the rights of Favoraid and/or third parties, including intellectual property rights, such as (but not limited to) author’s rights, database rights, related rights, trademarks and patents, or rights relating to the protection of privacy;

(B) violate any law, regulation or any other applicable rule;

(C) place viruses, Trojan horses, worms, bots, or other programs that can damage the site or otherwise make the site, work or data inaccessible;

(D) place lies and/or misleading information;

(E) engage in illegal activities toward Favoraid and/or a third party.

2.3 Nothing in this Disclaimer or the web applications concerns any intellectual property right and/or rights of the user. The web applications can limit the access of the user to that which is described in this Disclaimer.

 

3. Uploading data 

3.1 It is not permitted to remove messages concerning intellectual property rights from the platform, to make them unreadable, to hide them or to change them.

3.2 The User acknowledges and agrees that files, data and/or materials placed on or uploaded to Favoraid:

A) may be used by Favoraid without cost, unencumbered, worldwide and non-exclusively;


I) may be used, reproduced, distributed and published by Favoraid when this is in connection with the service of Favoraid;

3.3 The User acknowledges and agrees that the files, data and/or materials that he or she has made available for Favoraid (i.a. via the Platform and Charity Story App) can be used by another user of the Platform. Favoraid accepts no liability whatsoever for the compliance of those users. The user therefore acknowledges that the possibility exists that the files, data and/or materials made available will be used by third parties in a manner that is in conflict with this Disclaimer or any legal provision or may otherwise be unlawful. 


3.4 The User guarantees that he or she has complete rights with respect to the placement of files, data and/or materials as intended in point 3 and that he or she is fully entitled and authorised to do so. The user indemnifies Favoraid and all affiliated companies and persons for any claims by third parties based on the assertion that the files, data and/or materials violate any (intellectual property) rights or are otherwise unlawful towards third parties and against all claims that proceed from his or her actions in conflict with this Disclaimer. All costs and damages must be immediately reimbursed by the user upon request by Favoraid.

3.5 Forbidden files, data and/or materials of the user will be removed by Favoraid if:

(A) it concerns the personal information of minors and no permission is given by the parent/guardian; and/or 

(B) it is discriminatory with respect to appearance, race, religion, gender, culture, origins or otherwise deemed hurtful; and/or

(C) it promotes violence; and/or 

(D) it can lead to or is the result of exploitation or abuse of others; and/or

(E) in the reasonable judgement of Favoraid, it is in conflict with morality or good taste, or it includes violence or a link to pornographic material/pornographic websites/erotic material; and/or 

(F) it concerns commercial activities without the prior written consent of Favoraid, such as advertising lotteries, prize questions or pyramid games; and/or 

(G) it concerns encouragement or coercion of engaging in illegal activities; and/or

(H) there is any chain mail, junk mail or spam; and/or 

(I) concerns a photo or illustration of another person without that person’s permission; and/or 

(J) violates the intellectual property rights of others; and/or 

(K) is in conflict with any law, ruling or other applicable regulation to this Disclaimer.

 

4. Liability

4.1 Favoraid cannot be held liable in any manner for the execution, financing, budgeting or expenditures from any donation for any Project, nor for monitoring, evaluation and follow-up of any Project.

4.2 Insofar as allowed by law, Favoraid (which in this case consists of companies, officers, employees or volunteers with respect to Favoraid) rejects all liability for any form of damages, direct and/or indirect, arising in any way from and/or proceeding from the use of the web applications.

4.3 Notwithstanding the provisions in 4.1 or 4.2, Favoraid more specifically is not liable for whatever damage caused in any way by and/or resulting from:

(A) actions of any user that result from information on the Platform or app; and/or

(B) the impossibility of using the Platform or app; and/or

(C) the fact that certain information on the Platform or app is incorrect, incomplete or not current; and/or

(D) the manner in which the user makes use of the services and/or equipment and related facilities of Favoraid. Each User specifically indemnifies Favoraid against claims of third parties that are connected with the content of the files, data and/or materials provided by or on behalf of that User and that Favoraid makes available on the Platform; and/or

(E) bankruptcy of the Payment provider that receives, manages and completes payment of funds for organisations like charitable institutions.

4.4 Any liability directly resulting from gross negligence or malfeasance of Favoraid will always be limited to the actual damages. In any case, Favoraid will never be liable for indirect damages, including but not limited to pure financial loss, loss of revenue and profit, loss of data and immaterial damages that result from or are connected with the services delivered by Favoraid and/or the use of any part of the webapplications.


4.5 Insofar as Favoraid is held liable for limitations under 4.4 above, this liability will always be limited per event (whereby a series of connected events will be considered as a single event) to the donated funds actually given by the Member concerned to Favoraid in the current calendar year.


 

5. Privacy

The User is bound to the Privacy & Cookie policy.

 

6. Third parties 

6.1 It is possible that the platform contains applications, files, data and/or materials and services of third parties and/or links to websites of third parties (‘Third-party content’), for example by means of a hyperlink, banner, button etc. The inclusion or availability of Third-party content on the Platform does not imply that Favoraid has approved and/or checked this content. Favoraid is not responsible for the content and method of Third-party content or for any use thereof by a user.

 

7. Services

7.1 Favoraid is entitled to limit the activities of a user and/or to suspend and/or remove the account of a user, whereby files, data and/or materials will be removed. This will be done if there is activity in conflict with this Disclaimer.

7.2 Stopping services

A) In addition to other (legal) means that are available to Favoraid, Favoraid is e.g. entitled to limit the activities of the user and/or to suspend and/or remove the account, or to remove files and data and to inform other users about this. This can happen if, but not exclusively when:

- The User acts in conflict with these General Terms and Conditions.

- Favoraid is not able to check whether the identity corresponds with that of the user.

- Favoraid is of the opinion that the actions of the user damage its own interests or those of the user.

- Favoraid is of the opinion that the actions of the user can lead to liability for the user, for other users, or for Favoraid.

- Favoraid will not be held liable in any way.

(B)  Favoraid is entitled, for example, to make the service unavailable (temporarily or permanently) without prior notification and without justification or to limit the use thereof or to terminate all services simultaneously. This will not lead to any right to compensation for damages against Favoraid.

(C) Favoraid does not guarantee that the services of Favoraid will always be available without interruptions or disruptions.

 

8. Donations

8.1 Users can donate money for the benefit of a project of a charity on Favoraid.

8.2 Favoraid does not manage any funds. All funds are transferred directly to the account of the charity, without intervention by Favoraid, by the payment provider.

8.3 Favoraid retains the right not to place projects, or to temporarily or permanently remove projects, if:

The charity or a member of the Project team acts in a way that is in conflict with the Disclaimer (in the judgement of Favoraid).

8.4 In the event that the project is put on hold or cancelled, the charity has no right to any reimbursement of funding or compensation for damages.

8.5 Articles 175-188 of Book 7 of the Dutch Civil Code with respect to donations is applicable to the legal relationship between Favoraid and the members.

8.6 Donations cannot be returned, in accordance with Article 46a through f of Book 7 of the Dutch Civil Code, part 9A : Distance contracts.

 

9. Other provisions 

These General Terms and Conditions are governed and interpreted in accordance with the laws of the Netherlands. Any dispute arising from or connected with the Disclaimer will be presented to the authorised courts in the Netherlands.

 

10. International Use

The webapplications are managed from the Netherlands. Favoraid is also available at locations outside the Netherlands. Anyone who chooses to access the webapplications from another location agrees to comply with the applicable laws in the Netherlands and with this Disclaimer.

 

11. Protection of children

If a user is younger than sixteen (16), then he or she must ask permission from his or her parent or guardian in order to participate in the platform and to donate to a project. By accepting this Disclaimer, the user indicates that he or she is sixteen (16) years old, or has gotten the permission of his or her parents or guardian in order to use this platform. All information that we receive from users whom we believe are younger than 16 years of age and are participating without permission from his or her parents or guardian will be removed from our database.