Terms of Use
1. Introduction
This Platform is developed and operated by GoodUp B.V. (“GoodUp”).
GoodUp builds and maintains digital platforms that enable organisations and communities to engage people in activities that create social, environmental or community impact.
The Platform you are using is powered by GoodUp. Even if it is presented under a specific name or brand, these Terms of Use (“Terms”) govern your access to and use of the Platform.
Through the Platform, users can create, join or support activities and collaborate with others.
By accessing or using the Platform, you agree that these Terms apply to you.
2. Definitions
In these Terms, the following terms have the meanings set out below:
Activity
Any initiative, campaign, event, challenge, fundraising effort, volunteering opportunity, or other form of organised engagement made available through the Platform.
Account
The personal or organisational account that provides access to the Platform.
Content
Any text, images, videos, data, comments, files, links or other material made available on the Platform by a User.
Contribution
Any form of support provided in connection with an Activity, including time, knowledge, skills, goods or financial contributions.
Financial Contribution
Any monetary contribution made through the Platform, where such functionality is enabled.
Payment Service Provider
A third-party provider that processes financial transactions made through the Platform.
Platform
The digital platform developed and operated by GoodUp through which Users can engage in Activities.
Platform Partner
The organisation, company, foundation or other entity on whose behalf or for whose community the Platform is made available.
Services
The software services and related functionalities provided by GoodUp through the Platform.
Terms
These Terms of Use.
User
Any natural person or legal entity that accesses or uses the Platform.
3. Roles and Responsibilities
3.1 GoodUp
GoodUp develops, operates and maintains the Platform and provides the related Services.
GoodUp makes the Platform available to a Platform Partner and its Users. GoodUp is responsible for the technical operation, maintenance and security of the Platform.
GoodUp does not organise, manage or implement Activities and is not responsible for the content, execution or outcome of any Activity.
3.2 Platform Partner
The Platform Partner determines how the Platform is used within its organisation, network or community.
The Platform Partner may define additional guidelines or rules for the use of the Platform. Users must comply with such additional rules where applicable.
The Platform Partner is responsible for decisions regarding access to the Platform and, where applicable, for reviewing or approving Activities.
3.3 Users
Users are responsible for their own use of the Platform.
Users who create or manage an Activity are responsible for the accuracy of the information provided and for the proper organisation and implementation of that Activity.
Users who participate in an Activity or make a Contribution do so at their own discretion and responsibility.
Any arrangement, commitment or agreement between Users in relation to an Activity exists solely between those Users. GoodUp is not a party to such arrangements.
4. Accounts and Access
To access certain features of the Platform, a User may be required to create an Account.
A User must provide accurate and complete information when creating an Account and must keep this information up to date.
An Account is personal and may not be shared with others. Users are responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their Account.
If a User suspects unauthorised access to their Account, the User must inform the Platform Partner or GoodUp without undue delay.
A User may deactivate their Account at any time through the Platform.
The Platform Partner and GoodUp may suspend or restrict access to the Platform if a User violates these Terms or applicable rules.
5. Use of the Platform
Users must use the Platform in a responsible and lawful manner.
Users must comply with all applicable laws and regulations when using the Platform and when creating, managing or participating in Activities.
Users must ensure that any Content they make available on the Platform is accurate, complete and not misleading.
Users may not use the Platform:
- in a way that is unlawful, fraudulent or deceptive;
- to upload or share Content that is discriminatory, abusive, harassing, threatening or otherwise inappropriate;
- to promote violence, illegal activities or harmful behaviour;
- to distribute spam, unsolicited communications or phishing attempts;
- to infringe the rights of others, including intellectual property or privacy rights;
- to interfere with the security, integrity or availability of the Platform.
Users must respect the rights, safety and dignity of other Users.
Users must reasonably cooperate with requests from GoodUp or the Platform Partner that are necessary to ensure compliance with these Terms or applicable law.
6. Activities and Contributions
Users may create or participate in Activities through the Platform.
A User who creates or manages an Activity is responsible for ensuring that the description of the Activity is clear, accurate and not misleading.
The creator or manager of an Activity is responsible for the proper organisation and implementation of that Activity.
Users creating or managing an Activity must comply with all applicable laws and regulations and ensure that the Activity is conducted in a lawful and transparent manner.
Users who choose to participate in an Activity or make a Contribution do so at their own discretion.
Any Contribution is made directly in support of the relevant Activity. GoodUp does not supervise, control or guarantee the execution or outcome of any Activity.
Users must use any Contribution received in connection with an Activity for the purpose described in the Activity.
7. Financial Contributions
This Section applies only if the Platform enables Financial Contributions.
Users may make Financial Contributions to support an Activity through the Platform. Any Financial Contribution is made directly in support of the relevant Activity or beneficiary organisation.
Financial Contributions are processed by a Payment Service Provider. The terms and conditions of the relevant Payment Service Provider may apply in addition to these Terms.
GoodUp facilitates the technical processing of Financial Contributions but is not a bank, payment institution, financial intermediary or escrow provider.
Users are responsible for verifying the details of any Financial Contribution before confirming a payment.
Unless otherwise required by applicable law, Financial Contributions are non-refundable. In case of an evident error in the amount or recipient, the User may contact GoodUp without undue delay. GoodUp will assess whether a correction or refund is reasonably possible.
Recipients of Financial Contributions are responsible for using the funds in accordance with the stated purpose of the relevant Activity and for complying with all applicable financial, tax and reporting obligations.
Any fees applicable to Financial Contributions will be transparently communicated on the Platform.
8. Content and Intellectual Property
Users remain the owner of the Content they create or upload to the Platform.
By making Content available on the Platform, the User grants GoodUp a non-exclusive, worldwide, royalty-free licence to host, use, reproduce, display and distribute that Content solely for the purpose of operating, maintaining and improving the Platform and the Services, and for reasonable promotional purposes related to the Platform.
This may include the use of automated tools to translate, format or otherwise process Content in order to provide or improve the Services.
Users are responsible for ensuring that they have the necessary rights and permissions to share any Content on the Platform.
GoodUp may review, moderate, remove or restrict access to Content where this is reasonably necessary to ensure compliance with these Terms, applicable law, or the integrity and safety of the Platform.
All intellectual property rights in and to the Platform, including the underlying software, design, trademarks and documentation, remain exclusively vested in GoodUp or its licensors.
Users may not copy, modify, reverse-engineer, decompile or otherwise attempt to access the source code of the Platform, nor make the Platform available to third parties without the prior written consent of GoodUp.
9. Availability and Changes
GoodUp aims to provide a reliable and secure Platform. However, the availability of the Platform may be temporarily affected by maintenance, updates, technical issues or circumstances beyond GoodUp’s control.
GoodUp may update, modify or improve the Platform and the Services from time to time. This may include changes to functionalities, design or technical features.
Where reasonably possible, GoodUp will provide prior notice of material changes that significantly affect the use of the Platform.
GoodUp may amend these Terms from time to time. Updated Terms will be made available on the Platform. Where reasonably possible, GoodUp will provide prior notice of material changes.
10. Liability
GoodUp provides the Platform as a digital service environment. While GoodUp aims to ensure that the Platform operates properly and securely, GoodUp does not guarantee that the Platform will be uninterrupted, error-free or free from defects at all times.
To the extent permitted by applicable law, GoodUp is not liable for:
- the content, organisation or outcome of any Activity;
- any arrangement or agreement between Users;
- any loss or damage resulting from the use of the Platform by Users;
- the acts or omissions of a Platform Partner or other Users;
- temporary unavailability of the Platform;
- circumstances beyond GoodUp’s reasonable control.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted under applicable law.
If GoodUp is found liable for direct damage resulting from a breach of these Terms, GoodUp’s total liability shall be limited to the amount covered under GoodUp’s applicable insurance.
GoodUp is not liable for indirect or consequential damages, including loss of profit, loss of revenue, loss of opportunity, reputational damage or business interruption.
11. Privacy and Data Protection
GoodUp processes personal data in connection with the operation of the Platform and the provision of the Services.
Information about how GoodUp processes personal data, including the purposes of processing and the rights of data subjects, is set out in GoodUp’s Privacy Policy, which is made available on the Platform.
Depending on the configuration of the Platform, the Platform Partner may also process personal data of Users. In such cases, the Platform Partner is responsible for its own compliance with applicable data protection laws.
Users are responsible for ensuring that any personal data they make available on the Platform is shared lawfully and with appropriate permissions.
12. Complaints and Contact
If a User has a complaint, question or concern about the Platform or an Activity, the User should first contact the Platform Partner, where applicable.
The Platform Partner is generally responsible for matters relating to the organisation of Activities and the use of the Platform within its organisation or community.
Users may contact GoodUp directly in the following situations:
- in case of a suspected security incident or data breach;
- in case of suspected unlawful or harmful Content;
- in case of a suspected infringement of intellectual property or other legal rights;
- if the complaint concerns GoodUp’s role in operating the Platform.
GoodUp can be contacted via support@goodup.com and through the contact details provided on GoodUp’s website.
13. Governing Law and Final Provisions
These Terms and any non-contractual obligations arising out of or in connection with them are governed by Dutch law.
Any disputes arising out of or in connection with these Terms shall be submitted to the competent court in Amsterdam, the Netherlands.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GoodUp may transfer its rights and obligations under these Terms to an affiliated company or successor entity. Users may not transfer their rights or obligations without the prior written consent of GoodUp.