Liefdadigheid Gebruiker Registratie

Welcome to Yes We Care. These terms and conditions govern you access to and use of this website and various online tools and services that Yes We Care makes available to its affiliates, registrants and all others users of the Yes We Care's service, collectively called Users of the Yes We Care service (the Service).

ACCEPTANCE OF TERMS OF USE

By using this web site and its content, you agree that your use will be in accordance with these Terms of Use. You agree not to use the web site or the content in any unlawful manner. Yes We Care and Yes We Care Resources reserve the right to change these Terms of Use from time to time without notice to you except for posting the revised language on this web site. Your continued use of this web site and the content shall constitute your acceptance of such changes. Any reference to " content " means any information, text, trademarks, service marks, logos, images, and other graphics and artwork, and any meta tags and other computer code. Please check back to this page frequently to see the current version of the Terms of Use in effect.

1. RESPONSIBILITIES

(a) Your Responsibilities. In accordance with terms and conditions contained herein, by accessing the Service, you agree to:

(I) Be bound by the terms and conditions set forth herein,

(II) Comply with the Privacy Policy in the form set forth at www.yeswecare.com and all of the affiliate websites;

(III) Comply with any technical specifications, rules of operation or security procedures set forth by Yes We Care from time to time on the Service. From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.

(b) Yes We Care Responsibilities to Users. In accordance with terms and conditions contained herein, if you are a User, Yes We Care will perform, and You authorize Yes We Care to provide as Your agent and on Your behalf, the following services (the Services). Yes We Care will:

(I) Be paid and process online donations (online Donations) made by business donors (Donors) through the Yes We Care Service;

(II) Comply with the Privacy Policy in the form set forth at www.yeswecare.com

(III) Remit funds to the designated nonprofit or by check or electronically to the bank account the online Donations, less a service percentage fee of online donations collected via the Yes We Care service. These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of Yes We Care . Yes We Care also may automatically generate and send a series of emails to fundraisers and donors to assist them in more effectively using the Yes We Care Service. Yes We Care will make available to all its Clients, online reports identifying, where available, the name, address, email and transaction accounting details of the donors that have made online Donations to their organization along with amount of the online Donation.

2. PAYMENTS; TAXES.

Donors will pay the online Donations by payment of their choice with Yes We Care as your Agent. Donations will be paid to Yes We Care at the time of the transaction. Payment to the designated charities will be made either (a) monthly via electronic funds transfer or (b) no less frequently than quarterly if the funds due are less than $499.99. These payment schedules are subject to change at any time at the sole discretion of Yes We Care. All Charities will be responsible for taxes based on its net income or gross receipts.

3. INFORMATION ON WEBSITE.

Any information, ideas or opinions posted by the Charities or Donors on their page at the Yes We Care website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:

Harass, defame, intimidate or threaten another user;

Interfere with another user's rights to privacy;

Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);

Post any material that is obscene, offensive or indecent;

Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;

Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;

Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or

Advertise or sell any goods or services.

4. DONATIONS

(a) General principles

1. The beneficiary organizations authorize YES WE CARE to receive donations on their behalf through the Yes We Care website.
2. The donations achieved on the Yes We Care website, are made according to this present terms of use.
3. The donations offered by donors are always made indicating the beneficiary organization or sponsor package.
4. The donations made by donors can't be refunded. The only exceptions are fraud cases, when the donation is refunded to the owner whose card has been fraudulently used.
5. The Yes We Care website wants to set an example that subscribes to transparency and responsibility principles. Thus, all parties involved in this project take responsibility to work under these principles. For example:

(b) The beneficiary organizations as well as YES WE CARE are engaged to:

1. Reply in reasonable time limits to questions and information requested by donors or other third parties.
2. To make public complete information that reflects their activities and the way the money is spent.
3. The donors, the potential donors and other third parties engage in using their right to ask for information in reasonable time limits and in good faith.

(c) The cashing in

1. The donations received through the Yes We Care website are collected by YES WE CARE with the purpose of distributing them to the beneficiary organizations, as indicated by the donors.
2. The donations received through the Yes We Care website are collected through Adyen, our payment partner company- which has responsibility concerning the security of the electronic payment system, and then transferred to a bank account, managed by YES WE CARE .

(d) The distribution of donations

1. The donations collected in this bank account are transferred by YES WE CARE to each beneficiary organization. The funds are transferred into the first bank account in Euros indicated on the registration page of each beneficiary organization on the Yes We Care website. The bank transfer is made in maximum 40 days- time from their delivery (usually at the beginning of the month). The dead line can be postponed in the following conditions.
2. In case the donations received by one beneficiary organization are less than 500 Euros; in this case the sum is carried forward to the following month. There can't be made more than 2 carries- forward in a roll.
3. In case of causes beyond control situation or other justified cases, YES WE CARE can postpone the transfer of the funds.
4. The case of cause beyond control means extraordinary events and circumstances that the Party was not able to predict or stop using reasonable diligent, including, but without limiting to natural disasters, wars, expropriation, case of goods taken over by the state, nuclear accidents or other circumstances that cannot reasonably be controlled by the Party.

(e) The registration of the donations

1. For each donation made on the Yes We Care website, YES WE CARE will issue an invoice on behalf of the person- natural or legal- whose card has been used to make the donation, in 15 days- time from the delivery date of the donation.
2. The invoice will be available in original at YES WE CARE' office or will be sent, scanned, by e-mail, at request.
3. For each bank transfer received from the Yes We Care website, each beneficiary organization will issue an invoice on behalf on YES WE CARE that will confirm that the donation has been received. The invoice will be sent to YES WE CARE by email, no later than 15 days - time from the bank transfer.

(f) The donation report

1. YES WE CARE will quarterly present on the Yes We Care website a report of the donations made on the Yes We Care website. The report will contain the amount of money received as donations and the beneficiary organizations.
2. Each beneficiary organization that has received a donation of 2500 Euros (or other currency) or more , has to send YES WE CARE a financial report to justify the usage of that amount of money in the benefit of the organization and its beneficiaries. This progress report that can include the way the money has been spent or the way it is planned to be spent- must be presented in 30 days-time from receiving the donation in the organization's bank account.

5. THE RIGHTS AND OBLIGATIONS OF THE PARTIES

(a) The rights and obligations of the beneficiary organizations:

1. The right to have access to a monthly report that indicates the amount of money received as donations for the beneficiary organization in cause.
2. The right to manage its own section on the web site according to its own interest.
3. The obligation to respect, for the registration, the procedure established by Yes We Care . The organization that fails to meet its obligation will automatically be excluded from the web site or will not be registered. Incomplete registrations are not permitted.
4. The beneficiary organizations are the only ones responsible for the accuracy of the texts and presentation data.
5. The beneficiary organizations are obliged to update the information at least every six months.
6. Each organization that reaches 2500 Euros received from donations is obliged to present a financial report.
7. The beneficiary organizations that receive donations are obliged to issue an invoice on behalf of YES WE CARE for the amount of money received by bank transfer in the 'Online Donations' project, amount that represents the total sum of donations for that organization on the Yes We Care website in an exact period of time. The invoice will be issued in 15 days-time from the bank transfer.
8. The beneficiary organizations are obliged to reply to extra information request from donors or YES WE CARE in a reasonable time limit.
9. The beneficiary organization that has received a donation that proves to have been made from a stolen card is obliged to return the donation as soon as possible.
10. If the beneficiary organization has an own working web site, it is obliged to include in it a link button to the Yes We Care website. The link is provided by YES WE CARE on e-mail request.

(b) The rights and obligations of donors:

1. The donor has the right to ask that the charity to which the donation is aimed sends an invoice for the donation on e-mail.
2. The donor has the right to request extra information from YES WE CARE or the beneficiary organizations.

The rights and obligations of YES WE CARE :

1. YES WE CARE has the right to request extra information and to check the organizations that register on the Yes We Care website.
2. YES WE CARE has the right to refuse donations from companies that conduct activities that may harm the reputation of Yes We Care ;
3. YES WE CARE has the right to exclude from the web site without previous notice organizations that:
   
   1. promote violence, hate, racial intolerance or illegal activities.
   
   
   2. conduct activities that may harm the reputation of Yes We Care
   
   
4. YES WE CARE has the right to exclude from the web site without previous notice the organizations that fail to meet their obligations in the present framework agreement and informing them about the causes of exclusion in maximum 3 week-days-time.
5. YES WE CARE has all administration rights of the YesWeCare.com web site.
6. YES WE CARE is obliged to reply in reasonable time limits to questions and information request from beneficiary organizations or donors.
7. YES WE CARE is obliged to issue an invoice for each donation made in 15 days- time from the donation's delivery.

6. PARTNER SERVICES

Our website may provide links to third-party websites or services and may link you automatically to sponsors' or third party's websites or services. We provide such links solely for the convenience of our affiliates. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.

7. PROPRIETARY RIGHTS

1. (a) Trademarked Material. You own all your Marks provided by you in connection with your use of this Service (collectively, " Your Materials " ). You hereby grant to Yes We Care a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing. Yes We Care obtains no other right, title or interest in Your Materials except as set forth herein.
2. (b) Yes We Care Material. Yes We Care and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by Yes We Care pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by Yes We Care pursuant hereto.

8. TRADEMARKS.

The names YesWeCare.com, the Yes We Care logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not Yes We Care , nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Yes We Care . Other trademarks, service marks or logos that appear on the Site or anywhere in the Yes We Care service is rendered, in particular (but not exclusively) those of business donors registered with Yes We Care are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trademark owner.

9. COPYRIGHT.

All content on this Site is owned by Yes We Care , the organizations registered with Yes We Care , or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial and commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services ' content is permitted without the express prior permission of Yes We Care , and, where applicable, the copyright holder. Inquiries and permission requests may be sent to support@YesWeCare.com .

10. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.

Use of this Service is completely at your sole risk. Yes We Care provides the tools, the Site, and the services on an " As Is " , " As Available " basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

To the extent permitted by law, Yes We Care expressly disclaims any and all such other warranties. Yes We Care makes no representation as to whether all or any portion of the online Donations are tax deductible. Yes We Care will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.

11. INDEMNIFICATION.

(a) Your Indemnity. You agree to indemnify, defend and hold harmless Yes We Care and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by Yes We Care or Donors,

1. (I) Violates or infringes the Intellectual Property Rights of any third party,


2. (II) Violates any applicable law, rule or regulation, or


3. (III) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You.

(b) Procedures. A party seeking indemnification hereunder (the " indemnitee " ) shall promptly notify the other party (the " indemnitor " ) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.

(c) Remedies. This Section 11 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.

12. LIMITATIONS ON LIABILITY

(a) Yes We Care's liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to

(I) The actual direct damages incurred by You, in an amount not to exceed the total revenue received by Yes We Care resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or

(II) Your discontinuance of any further use of such items or the Service.

(b) Yes We Care shall not be liable for:

(I) damages caused by Your failure to perform Your responsibilities;

(II)claims or demands of third parties (other than those third party claims covered by Section 10); or

(III)any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if Yes We Care has been advised of the possibility of such damages.

(c) The foregoing limitations shall not apply to:

(I) the payment of settlements, costs, damages and legal fees referred to in Section 11; or

(II) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, Yes We Care disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if Yes We Care has been advised of the possibility of such damages) arising out of your and any use of the Yes We Care Site and Services or your inability to do so,

(III) your reliance on any content provided on the Service or through the services provided thereunder, and/or

(IV) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.

13. TERM and TERMINATION

Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of

(I) termination of your rights to use the Service by YesWeCare or

(II) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.

14. USER CONDUCT

You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses.

You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and YesWeCare tools and services.

15. MISCELLANEOUS

Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Firstgiving's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect.

These terms and conditions are binding upon the parties' respective successors and permitted assigns. No failure of Firstgiving to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.