Terms of use



Version 20180711

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General

Article 1. About GoodUp and the Platform

1.1 GoodUp B.V. (hereinafter: “GoodUp”) is responsible for the development and management of the software platform (hereinafter: the “Platform”) that enables you to rally the people and companies around you to collect the time, knowledge or funds towards a project aimed at contributing social value to a neighbourhood, village, town or country, that requires such, in a fun and easy way (hereinafter: the “Project”). GoodUp has been registered in the trade registry at the Dutch Chamber of Commerce under Reg. No. 34295254, and is seated at ’s Gravenhekje 1A, Amsterdam, the Netherlands.

1.2 Stichting GoodUp Donaties (hereinafter: GoodUp Donations) is responsible for the collection, management and paying out of the donations. Stichting GoodUp Donaties has been registered in the trade registry at the Dutch Chamber of Commerce under Reg. No. 34367327, and is seated at ’s Gravenhekje 1A, Amsterdam, the Netherlands.

1.3 GoodUp develops and maintains the Platform for a Platform Host (hereinafter: the “Platform Host”). The Platform Host is entitled to set additional terms of use in respect of the Platform. In the event of any conflict between the additional terms of use in respect of the Platform set by the Platform Host and these Terms of Use, these Terms of Use shall prevail.

Article 2. Applicability

2.1 These Terms of Use apply to all uses of the Platform; any contact established on, or through, it; any services offered thereon; and any agreement pertaining to its use and the services. We recommend anyone looking to use either the Platform, or any of these services, to read these Terms of Use before doing so.

2.2 We reserve the right to amend these Terms of Use at any time. Users of the Platform (hereinafter: the “User” or “Users”) will be notified of any such changes made to these Terms of Use, either via a publication on the Platform or by email.

2.3 Any decision rendering any of the provisions of these Terms of Use null and void and/or no longer binding upon the parties will not prejudice any other provisions of these Terms of Use.

2.4 Any verbal announcements, arrangements, or commitments made, cannot be deemed binding, unless confirmed by us as such in writing.

2.5 The User agrees to adhere to the policy in effect and as enforced by GoodUp and GoodUp Donations at any time.

Article 3. Relationship between parties

3.1 A User contributing his time, knowledge, or money to a Project, will trigger the conclusion of an agreement between that User and the User who initiated that particular Project and posted it to the Platform (hereinafter: the “Project Initiator”), e.g. an agreement triggered by the making of a cash donation. GoodUp and GoodUp Donations shall not be party to such an agreement and will only represent the Project Initiator in the collection of the donations made to his Project.

3.2 GoodUp will represent the Project Initiator in the collection of donations through GoodUp Donations. The Project Initiator will, to this end, grant GoodUp and GoodUp Donations a power of attorney to enable them to conclude agreements on behalf of the Project Initiator with any Users wishing to contribute to the Project Initiator’s Project. This power of attorney will expire upon GoodUp Donations paying out to Project Initiator the donations the former has collected on the latter’s behalf.

User account

Article 4. User Account

4.1 Both individual persons, as well as entities with legal personality may be deemed Users.

4.2 Any individuals wanting to register themselves as a User must be 18 or over.

4.3 The User shall ensure that any data he submits are correct and true.

4.4 The User shall be responsible for ensuring that his user account password remains confidential. Third parties shall not be granted access to any user accounts.

4.5 The User will be entitled, and able, to deactivate his account at any time, either via his user profile, or by sending an email to that effect.

Submitting a project

Article 5. Submitting a Project

5.1 Project Initiators may submit their Projects using the on-line application form. Project Initiators shall ensure that any application form they submit shall be completed in full, be reflective of the truth and include a clear, unambiguous, tangible and properly legible project description.

5.2 The Platform Host shall decide whether any Project submitted meets their requirements and/or whether to post such a Project to the Platform. The Platform Host shall, at all times, and at its discretion, remain free to reject any Project application. In the event of such an application being rejected, the Platform Host will then notify the Project Initiator thereof, stating his considerations for doing so.

5.5 The Project Initiator will ensure that the Project is correctly managed. Any Project submitted should always remain in accordance with both Dutch law and the applicable law of the country it is to be implemented in, as well as with any other rules and regulations that might apply to the Project.

5.6 In the event that either the Platform Host and/or GoodUp were to feel that the Project Initiator is neglecting his obligations and/or duties to any extent, the application for the Project in question will then either be rejected, or, deactivated, in the event that that Project were to have already been posted to the Platform. The Project Initiator will be notified of such a decision, stating any considerations for doing so.

Donations

Article 6. Donations

6.1 The Articles 7:175 thru 188 of the Dutch Civil Code (DCC) shall apply to any donations made to a Project.

6.2 Any donations made to a Project shall be listed on the Project’s on-line page under the name submitted by the User. The User may elect to be listed as an an “anonymous donor”.

6.3 Any Users wishing to make a donation in cash, shall be free to decide the amount for which they’d like to make a donation. The minimum amount, however, is EUR 5.

6.4 Users are free to select their preferred payment method when making a donation.

6.5 Making a donation is free of any charges.

6.6 Any on-line payments made will be processed by Docdata Payments (www.docdata.com), our fully-licensed payment service provider partner.

6.6 The User is free to select which Project to make a donation towards. Any donations made will not be refunded. In the event, however, that the User is able to evidence that he has either made an error in the amount he donated and/or his Project of choice and if he has notified GoodUp of such an error by email within three days of his mistake, GoodUp and GoodUp Donations will ensure that that donation is refunded to the User.

Payout of project donations

Article 7. Payouts

7.1 GoodUp Donations strives to have any donations made towards a Project paid out to its Project Initiator within one month of that Project’s conclusion. Such funds will be paid into the bank account specified by the Project Initiator. The Project Initiator shall, at all times remain responsible for his bank account details being correct. GoodUp Donations will make no more than two attempts at paying out Project donations to the Project Initiator. Any banking costs for the initial transfer will be incurred by GoodUp, with any costs for a second transfer to be incurred by the Project Initiator.

7.2 Any potential service fees that may be charged over donations made, will be agreed upon on a Platform-by-Platform basis. This service fee serves to cover costs for on-line money transfers effectuated by the payment service provider and the payment method used, banking costs, admin and help desk fees. Please find information on any service fee that might apply, published on the Platform in question.

7.3 Payouts will only be issued for donations totalling in excess of EUR 20. Any donations made towards Projects totalling less than EUR 20 will not not be paid out and forfeited to GoodUp as a service fee.

7.4 In the event that GoodUp and/or GoodUp Donations were to determine that any Project Initiator had been found not to be using the amount donated to a Project for the purpose described in its Project description, GoodUp Donations will undertake those measures as may be reasonably expected of it to have Project Initiator refund the amount donated. Under no circumstances, however, may either GoodUp and/or GoodUp Donations be held liable for any failure on the part of the Project Initiator to refund such donations. In the event that the the Project Initiator were to fail to refund the amount donated, Users will reserve any and all rights entitled to them to have their donations directly recovered from him.

Intellectual property

Article 8. Intellectual Property

8.1 The Platform is protected by copyright. All rights in that respect are reserved by GoodUp, with exception of any rights to the data that pertain to the Platform Host and the Projects. Platform data may neither be copied, nor published, without the prior written consent of GoodUp.

8.2 All rights to intellectual property in respect of the content made available on the Platform by the User shall be reserved by that User. Such content should be deemed to include any text, data, files, documents, pictures, video footage and other materials a User may post to the Platform.

8.3 Users shall at all times remain responsible for any content they post to the Platform, as well as any errors such content may contain.

8.4 Users are prohibited from posting any content to the Platform that is in breach of the law. The following non-exhaustive list of content includes the types of content a User is prohibited from posting to the Platform, e.g.

– content that is discriminatory in terms of appearance, race, religion, sex, culture or origins, or may otherwise be deemed offensive;
– content calling for violence against, or the harassment of, others and/or which may lead to, or stems from, the exploitation, or abuse, of others;
– content that is contrary to good morals or good taste; of a violent nature, or contains a link to pornographic material or pornographic websites;
– content that either promotes illegal activities, or helps them being committed;
– content involving chain letters, junk emails or spamming;
– content requesting passwords, or other information, that may be used to trace an individual for the purposes of serving a commercial, or illegal, purpose.
– content that involves commercial activities that do not enjoy the prior written consent of GoodUp, e.g. advertising, lotteries, competitions, or pyramid schemes;
– content involving the inclusion of an image or depiction, or other personal data, of an individual other than the User and does not enjoy the prior written consent of that other individual.
– content that infringes on the intellectual property rights of third parties.

Liability

Article 9. Liability

9.1 GoodUp and GoodUp Donations take the utmost care in attempting to ensure that the data made available on the Platform is both reliable and current. We are, however, not able to offer any guarantees in that respect. Barring any intent or gross negligence on our part, we may not be held liable for any damage resulting from any irregularities in the information both we, and our Users, post to the Platform.

9.2 GoodUp and GoodUp Donations take the utmost care and attention in attempting to ensure a properly operating Platform. GoodUp and GoodUp Donations are, however, not able to guarantee the unimpeded and uninterrupted access to either the Platform, the website and/or our services. Subsequently, and barring any intent or gross negligence on their part, neither GoodUp, nor GoodUp Donations may in any way be held liable for any damage resulting from any improper performance of the either the Platform, the website and/or our services.

9.3 Projects are screened for their compliance with the Platform’s terms by the Platform Host, who will, in turn, decide whether to allow the Project to be posted to the Platform. Notwithstanding the above, the Project Initiator shall, at all times, remain solely and fully responsible for the content and implementation of any Projects and their respective Campaigns. The User shall, at all times, remain solely and fully responsible for any donation of time, knowledge and/or money he makes to a Project. Barring any intent or gross negligence on their part, neither GoodUp, nor GoodUp Donations may in any way be held liable for any damage resulting from any implementation of a Project. The User will indemnify GoodUp and GoodUp Donations for any damage they may incur resulting from the use of the Platform, the website and/or the services of GoodUp and/or GoodUp Donations, the Project and/or any conduct in breach these Terms of Use by the User.

9.4 If GoodUp and/or GoodUp Donations fail to perform essential obligations under the agreement with User and this breach can be attributed to GoodUp and/or GoodUp Donations, User will give GoodUp and/or GoodUp Donations written notice of default with a reasonable period for the performance (if performance is still possible). If GoodUp and/or GoodUp Donations fail to perform in said period or performance was impossible to begin with, GoodUp and/or GoodUp Donations are liable, and will compensate the User, for any (direct) damages the User suffers as a result of GoodUp and/or GoodUp Donations’ breach of the agreement with User.

9.5 Without prejudice to any other rights reserved by them, GoodUp and/or GoodUp Donations shall also remain entitled to either limit User activity, or temporarily, or indefinitely, suspend any account in the particular event, yet not limited thereto, that:

– the User were to act either in breach of these Terms of Use, or any additional terms of use set by the Project Host;
– GoodUp and/or GoodUp Donations were to be found unable to verify, or identify the data provided by the User;
– GoodUp and/or GoodUp Donations were to be of the opinion that the User’s conduct could cause damage to be incurred by either the User himself, GoodUp and/or GoodUp Donations, or any other User or Users.

Neither GoodUp, nor GoodUp Donations may in any way be held liable for any such damage.

9.6 Any claims for damages sought from either GoodUp and/or GoodUp Donations should be lodged within twelve months of the date the damage incurred became apparent, or should in all likelihood, have become apparent, failing which any rights to claims such damages will have been deemed forfeited.

Complaints & disputes

Article 10. Complaints & Disputes

10.1 Any legal relationships to which these Terms of Use apply shall be exclusively governed by Dutch law and any and all disputes resulting from or related to such legal relationships will be exclusively submitted to the competent Court at Amsterdam.

10.2 Any complaints may be lodged by email to: support@goodup.com, stating the nature of the complaint in that email’s subject field. Complaints will be responded to within three days of their submission, with such a response stating the procedure for dealing with the complaint lodged. We will subsequently endeavour to have the complaint dealt with as soon as possible.

Privacy & Cookies

Article 11. Privacy & Cookies

11.1 User personal data are processed in relation to the platform and the provision of our services. Cookies are employed in accordance with our Privacy Statement. Please find this document made available to you on the Platform.

11.2 The Platform employs functional, analytical, social media and tracking cookies. Cookies are employed in accordance with our Cookie Policy. Please find this document made available to you on the Platform.