Terms & Conditions

This is to describe the rights and responsibilities of everyone who uses the website.

Application Conditions WhyDonate

These Registration Conditions apply to the Causes that want to be visible on the WhyDonate platform in order to solicit donations.

In order to keep the registration process as simple as possible and thus cost-effective, an agreement is concluded between WhyDonate and the Cause. If you do not wish to enter into an agreement on behalf of the Cause, we ask you not to continue with the registration process and not to enter any data on the Platform.

If the Cause agrees to these Registration Conditions, WhyDonate assumes that the Cause is aware of the rights and obligations as stated in these Application Conditions.

These Registration Conditions can be changed by WhyDonate at any time. The present version was drawn and updated on 13-10-2022.​

1. Definitions

1.1 WhyDonate; The WhyDonate Foundation, with its registered office in Amsterdam at Johan Huizingalaan 763A, 1066VH, registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 58490280, legally represented in this matter by Mr DOLS Boham and Mr NM Corver.

1.2 Purpose: Any charitable institution, fund and/or non-profit legal entity (being: (sports) association, foundation) or individual with a social purpose who wants to use the services of WhyDonate, in order to receive gifts from donors.

1.3 User: Donor who can donate to a Cause through the use of the WhyDonate Platform.

1.4 Platform: The WhyDonate software products can be found at https://whydonate.nl.

1.5 External payment system: the external payment system of Online Payment Platform. Information and terms and conditions of Online Payment Platform can be found at https://onlinepaymentplatform.com/.

2. Registration procedure

2.1 WhyDonate makes it possible for Causes to become visible and findable online via the Platform and to raise donations in an easy way.

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

2.3 The Doel is obliged to fill in the information requested in the registration process completely and truthfully. After the Cause has successfully registered via the website, the Cause will receive a verification email.

2.4 WhyDonate determines at its own discretion whether the registered Cause meets the requirements set by WhyDonate and is free to reject the application and dissolve the agreement that has been concluded.

2.5 If the Cause does not agree with this method of agreement, it must terminate the account on WhyDonate and no longer use these services.

3. Duration agreement

3.1 The agreement is entered into for an indefinite period of time, commencing the moment the registration process on the Platform is completed.

3.2 The agreement can be terminated immediately by either party without stating reasons.

4. Rights and obligations WhyDonate

4.1 WhyDonate will at all times commit itself to applicable laws and regulations in the context of fundraising unless this cannot be expected of it according to standards of reasonableness and fairness.

4.2 WhyDonate will set up the Cause on the Platform as soon as possible after registration. The Platform will be set up on the basis of the information provided by the Cause.

4.3 WhyDonate will carry out its activities as much as possible according to the wishes of the Cause but is not obliged to follow instructions from the Cause regarding the execution of the agreement at all times.

4.4 WhyDonate has the right to change or adapt the information provided if this benefits the accessibility and/or quality of the Platform.

4.5 WhyDonate reserves the right to temporarily disable the service for the purpose of maintenance, adjustment or improvement of the WhyDonate systems. WhyDonate will, in principle, arrange for such a shutdown to take place outside office hours and inform the Cause in advance of the planned shutdown. WhyDonate is never obliged to pay any compensation for damage in connection with such decommissioning.

5. Rights and Obligations of the Cause

5.1 Only a statutory and legally authorised or authorised person is authorised to represent the legal person. If the Cause is not a legal entity but a natural person, only that person is authorised to register with WhyDonate. If the representative of the Cause has not legally represented the Cause, the person is liable towards WhyDonate for any damage.

5.2 The Cause itself is responsible for the confidentiality of the username and password provided by WhyDonate. If the username and password of the Cause have been obtained by a third party and this is not attributable to WhyDonate, WhyDonate is not liable for the consequences thereof. In case of suspected abuse of the account, the Cause will inform WhyDonate as soon as possible.

5.3 Files, data and/or materials that the Cause places on the platform or provides to WhyDonate do not infringe any rights of third parties, in particular rights of intellectual property and/or privacy. Also, no permission or license is required from the Target or any third party to use the files on the Platform.

5.4 The agreement will be performed on the basis of the information entered by the Cause. Het Doel guarantees the authenticity, correctness and quality of the information it provides.

5.5 The Doel will at all times commit itself to all national and international laws and regulations that apply to Doel and fundraising.

5.6 The Cause undertakes to spend all receipts obtained from WhyDonate’s activities as laid down in its statutes, regulations or personal description.

​5.7 If the Cause does not meet its obligations referred to in this article, this will never lead to a shortcoming on the part of WhyDonate and WhyDonate can never be held liable for the consequences of the shortcoming.

6. Receive donations

6.1 The incoming donation transactions are executed by an External Payment System (Online Payment Platform). The costs for using the payment system are 1.9% + €0.25 per transaction.

6.2 WhyDonate charges a 0% platform fee unless the user chooses to remove the ‘tip option’ from the donation form. In that case, WhyDonate charges 3% platform costs of the initially donated amount without deduction of payment processing costs as compensation for the services provided and use of the Platform.

6.3 Donations will be paid as soon as the Cause’s bank account number and identity have been confirmed. Until then, donations to the Cause’s collections can be made but not yet paid out. If it is not possible to confirm the bank account number and/or identity, the donations, minus transaction costs, will be refunded to the donors. 

6.4 Donations received are automatically paid monthly to the Cause around the 1st day of the next calendar month. It is also possible to request a direct payment within the WhyDonate account. Depending on the bank of the Cause, the donations will be in the bank account within 3 working days. Donations with a risk of reversals (including Direct Debit, Credit Card and PayPal) are released for payouts after 30 days.

6.5 The Cause can view all donations and payouts in the WhyDonate account in order to verify the accuracy of the payout.

6.6 If a donation is reversed or cannot be obtained in any other way but has already been paid out to the Cause, the amount reversed, and the costs of the reversal will be settled with the next payment from WhyDonate to the Cause. If the settlement is not possible, the amount reversed and the costs of the reversal will be charged to the Cause by means of a direct debit.

6.7 The costs of a reversal of a donation are €1.85 per reversal.

6.8 If it appears that a payment has been made by WhyDonate without legal grounds, then this payment is immediately due and payable by WhyDonate, and the Cause is obliged to refund the amount on demand.

6.9 WhyDonate is authorised to use another payment system without stating reasons, even if this is accompanied by a change in the costs thereof. WhyDonate will inform the Cause of this in advance.

6.10 WhyDonate is not liable for damage caused by the non-functioning or incomplete functioning of the external payment system.

7. Personal data and Privacy

7.1 When registering a Target on the Platform, a number of (personal) data is requested, for example, the personal data of the authorised representative or the personal data of the Target itself.

7.2 The personal data that WhyDonate collects is necessary to properly execute the agreement with the Cause. WhyDonate asks you to enter data that we need to register the Cause and to perform our service.

7.3 WhyDonate respects the privacy of Causes and donors. Personal data necessary for the registration of the Purpose will be treated confidentially and will only be shared with third parties insofar as this is necessary to perform the agreement (for example, with the Third Party Payment Provider). Processing of personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation.

7.4 Donor names are visible to Doelen, unless a donor has made an anonymous donation. As the recipient of this personal data, the Purpose is regarded as the controller within the meaning of the General Data Protection Regulation (GDPR). Het Doel guarantees that it handles personal data (name and e-mail address) made available to them in a responsible manner and in accordance with the GDPR. Personal data made available may not be used for commercial purposes unless explicit permission has been given by the donor.

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

8. Intellectual property rights

8.1 The intellectual property rights that the parties mutually make available in the context of the execution of the agreement remain with the owner or with the third party from whom the owner has acquired the right.

8.2 Both parties hereby grant each other only a right of use to the intellectual property rights that are not exclusive and non-transferable unless explicitly stated otherwise.

8.3 The right of use means, among other things, that Users of the Platform have the opportunity to display the intellectual property of the Cause via social media channels.

8.4 WhyDonate is authorised to adjust the logos of the Cause if this benefits the quality and usability of the logos.

8.5 The Cause grants WhyDonate the right to display the logo of the Cause as a WhyDonate affiliate on the Platform.

8.6 The Cause indemnifies WhyDonate against claims by third parties with regard to intellectual property rights to files, data and/or materials placed on the Platform by the Cause or provided to WhyDonate.

9. Warranties

9.1 Defects in/in the software that is reported to WhyDonate by the Cause or third parties after the start of work by WhyDonate will be changed at its discretion or free of charge unless the cause of these defects can be attributed to the Cause.

9.2 For the Platform, imperfections that do not materially limit normal use are not covered by this warranty.

9.3 Donations that are donated to the Cause via the Platform will be transferred to the bank account of Stichting Derdengelden ‘Online Payments Foundation’. For example, WhyDonate does not manage donor funds at any time and thus complies with the laws and regulations for platforms. In the unlikely event of bankruptcy, the creditors cannot claim the Donations to be paid. For example, WhyDonate guarantees the payment of Donations to the Cause.

10. Liability

10.1 WhyDonate’s liability towards the Cause, for whatever reason, is limited per event (whereby a connected series of events counts as one event) to the fees paid by the Cause to WhyDonate under Articles 6.1 and 6.2.

10.2 The previous paragraph of this article does not apply if and insofar as the relevant damage is caused by an event attributable to the Cause.

10.3 Under all circumstances, WhyDonate’s liability is limited to direct damage to the Cause.

10.4 WhyDonate is never liable for damage (including loss of income by the Cause) that is caused by the non-functioning or incomplete functioning of the Platform or parts of the Platform that result in loss of income from the Cause.

10.5 WhyDonate is at all times entitled, if and insofar as possible, to undo or limit the damage suffered by the client by repairing or improving the work.

10.6 The limitation of liability in this title does not apply in the event that the damage is the result of intent or wilful recklessness on the part of WhyDonate.

11. Force of the majority

11.1 Neither the Cause nor WhyDonate are obliged to fulfil one or more obligations if they are prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of third parties engaged as well as any situation over which the party concerned cannot actually exercise (decisive) control, with the exception of obligations to pay money.

11.2 Force majeure includes situations involving interruptions and/or blocking of access to the Platform as a result of technical failures in the data, communication, actions of other Users or situations of non-compliance resulting from actions or omission of the Purpose.

12. Confidentiality

12.1 If and insofar as confidential information of a party comes to the knowledge of the other party during the execution of the agreement, this receiving party will only use this information for the execution of this agreement and limit access to that information to persons who use it for that purpose should take note. The parties guarantee that these persons will be obliged by an employment contract and/or a confidentiality agreement to keep this confidential information confidential.

12.2 Confidential information does not include information that was already public at the time it came to its knowledge or became known afterwards or that the receiving party also received from a third party without an obligation of confidentiality being imposed or the third party being obliged to do so.

13. Non-performance

13.1 In the event of a (provisional) suspension of payments, bankruptcy, shutdown or liquidation of the Cause, WhyDonate has the right to dissolve the agreement in whole or in part without the other party being liable for compensation.

13.2 If one of the parties does not comply with an obligation under the agreement properly or within a specified period or otherwise in a timely manner, that party is immediately in default, and the other party is entitled to dissolve the agreement in whole or in part without notice of default, without prejudice to the other rights of the terminating party and without the terminating party being liable for damages.

13.3 In the event of a dissolution, all claims of the dissolving party against the other party are immediately due and payable in full. The other party is obliged to take the necessary measures to enable the terminating party to exercise its rights.

13.4 In the event of a dissolution or cancellation, as referred to in this article, the following obligations will continue after the end of the agreement:

a) outstanding payments;
b) secrecy;
c) privacy;
d) intellectual property rights;
e) liability.

These will continue to exist for as long as the parties can reasonably claim their continued existence.

14. Final Provisions

14.1 This agreement and Registration Conditions are governed by Dutch law. If a dispute arises, both parties will endeavour to reach an amicable solution. If this is not possible, then disputes arising from this agreement will, at the choice of WhyDonate, be submitted to the competent court in Haarlem or Amsterdam unless mandatory law provides otherwise.

14.2 WhyDonate may engage third parties in the execution of the agreement at its own discretion, provided it ensures that these third parties are subject to the same contractual obligations regarding confidentiality and privacy as the Cause and without prejudice to the full enforcement of WhyDonate’s contractual obligations towards the Cause.

14.3 Deviations from these Registration Conditions are only valid if they have been laid down by mutual agreement and in writing. The other provisions included in these Terms of Use retain their full effect.

14.4 If a provision of the Registration Conditions turns out to be invalid, this does not affect the validity of the entire Registration Conditions. WhyDonate will replace the void or invalid part with stipulations that are valid and whose legal consequences, in view of the purport of these Registration Conditions, correspond as much as possible with those of the void or invalid part.

14.5 In the event of a sale, transfer or merger, WhyDonate may transfer its rights and obligations under these Registration Conditions to a third party. Target will be notified of this.

14.6 All amounts stated in these Registration Conditions are subject to future price changes.

14.7 If a provision in this Agreement requires that a notification must be made “in writing”, this shall also be complied with if the notification is made by e-mail.

Terms of Use

These terms of use apply to individuals and/or organisations who make a donation or set up a fundraising campaign for a Cause through the WhyDonate services.

In order to keep donating as simple as possible and therefore cost-effective, an agreement is concluded between WhyDonate and you as a User. If you do not wish to enter into an agreement, we ask you not to continue with the donation process, to create an action and not to enter any data on the Platform.

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

These Terms of Use can be changed by WhyDonate at any time. The present version was drawn and updated on 13-10-2022.

1. Definitions

1.1 WhyDonate; The WhyDonate Foundation, with its registered office in Amsterdam at Johan Huizingalaan 763A, 1066VH, registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 58490280, legally represented in this matter by Mr DOLS Boham and NM Corver.

1.2 Purpose: Any charitable institution, fund and/or non-profit legal entity (being: (sports) association, foundation) or individual with a social purpose who wants to use the services of WhyDonate, in order to receive gifts from Users.

1.3 User: A natural person or legal entity who can donate to a Cause through the use of the WhyDonate Platform.

1.4 Platform: The WhyDonate software products can be found at https://whydonate.nl.

1.5 External payment system: the external payment system of Online Payment Platform. Information and terms and conditions of Online Payment Platform can be found at https://onlinepaymentplatform.com/.

2. General

2.1 WhyDonate makes it possible for Users to make donations to one or more Causes or actions via the Platform. A User may also set up a Cause fundraiser.

2.2 WhyDonate ensures that donations made via the Platform reach the Cause. The use of the Platform is free, in addition to making a donation.

2.3 If the User does not agree with these Terms of Use, no donation or collection can be set up. If an agreement has been concluded against the will of the User, the User must make this known asap by sending an e-mail to [email protected]

3. Donations

3.1 If the User wishes to make a donation via the Platform, the User must accept these Terms of Use and then successfully complete all steps of the donation and payment process.

3.2 The User himself determines to which Cause is donated, the amount of the desired amount of the donation and the frequency of the donation (once or periodically).

3.3 The donated amount will be transferred to the Cause after the deduction of (transaction) costs. Donations are automatically paid monthly to the Cause around the 1st day of the next calendar month. It is also possible to request a direct payment within the WhyDonate account. Depending on the bank of the Cause, the donations will be in the bank account within three working days.

3.4 Successfully completed donations will be paid out to the Cause at all times. It is not possible to undo the donation unless no payout can be made due to the lack of a verified bank account or identity of the Cause.

4. Rights and obligations WhyDonate

4.1 WhyDonate will at all times commit itself to applicable laws and regulations in the context of fundraising unless this cannot be expected of it according to standards of reasonableness and fairness.

4.2 WhyDonate has the right to change or adapt the information provided by the User if this benefits the accessibility and/or quality of the Platform.

4.3 WhyDonate reserves the right to temporarily shut down the Platform for the purpose of maintenance, adjustment or improvement of the WhyDonate systems. However, WhyDonate is never obliged to pay any compensation for damage in connection with such decommissioning.

4.4 Although WhyDonate tries to offer correct, complete and current information from sources considered reliable, WhyDonate does not guarantee the correctness, completeness or topicality of the information.

4.5 When WhyDonate offers hyperlinks to information from Doelen, this does not mean that WhyDonate recommends this information or services. Use of such links is entirely at your own risk. WhyDonate does not accept any liability for the content, use or availability of such information. Therefore, WhyDonate can in no way be a party to a dispute between the person from whom the notification originates and the User to whom the notification relates.

4.6 Users of the Platform can place content on the Platform themselves. WhyDonate does not exercise any prior checking or editorial supervision on this. WhyDonate will investigate complaints about user content at all times and change or remove the content where necessary. For complaints or comments, the User or visitor should contact us by sending an email to: [email protected]

5. Personal data and Privacy

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

5.2 The personal data that WhyDonate collects from you as a User is necessary to properly execute the agreement with you. WhyDonate asks you to enter this information because it is necessary to make a donation or set up a fundraiser.

5.3 WhyDonate respects your privacy. Data of Users are treated confidentially and only shared with third parties insofar as this is necessary to execute the agreement between WhyDonate and the User. For example, a third party with which data is shared is our Third Party Payment Provider. Processing of personal data is done in a manner that is in accordance with the requirements of the 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.

6. Liability

6.1 The liability of WhyDonate towards the User, for whatever reason, is limited per event – ​​where a related series of events counts as one event – ​​to the amount donated to WhyDonate by the User.

6.2 The previous paragraph of this article does not apply if and insofar as the relevant damage is caused by an event attributable to the User.

6.3 Under all circumstances, WhyDonate’s liability is limited to the User’s direct damage.

6.4 WhyDonate is never liable for damage (including loss of income by the Cause) that is caused by the non-functioning or incomplete functioning of the Platform or parts of the Platform that result in loss of income from the Cause.

6.5 WhyDonate is at all times entitled, if and insofar as possible, to independently undo or limit the User’s damage by repairing or improving the work.

6.6 The limitation of liability in this title does not apply if the damage is the result of intent or wilful recklessness on the part of WhyDonate.

7. Intellectual property rights WhyDonate

7.1 If the User uses the Platform, it is prohibited to:

  1. a) install the Platform on a device not belonging to the User;
    b) make the Platform available to third parties on a (peer to peer) network or otherwise;
    c) provide a sub-authorization to use the Platform;
    d) modify the Platform, find the source code and/or develop derivative works of the Platform.

 

7.2 All intellectual property rights regarding the content and layout of the Platform are vested in WhyDonate or its licensors. Copying, distribution and any other use of these materials are not permitted without the express written permission of WhyDonate, except and only to the extent provided otherwise in regulations of mandatory law.

7.3 It is not permitted to include web pages or individual elements (such as images, videos or interactive applications) of the Platform in a frameset or to process them via another web page if the origin of the material is not clearly indicated.

7.4 Nothing stated in these Terms of Use and/or on the Platform is intended to transfer any intellectual property rights and/or to grant any intellectual property rights to the User. The use that the User may make of the Platform is limited to what is described in these Terms of Use.

7.5 Based on these Terms of Use, WhyDonate grants the User a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable right to view the files made available through the Platform and/or listen in the manner and in the format as these files are made available in the Platform.

7.6 It is expressly not permitted to download, copy, modify, disclose, use for direct or indirect commercial purposes or use for any purpose other than the purposes mentioned above. Files, data, programs and/or materials are expressly prohibited unless WhyDonate or the relevant entitled party has given permission for this. It is therefore not allowed – but not limited to – to request or reuse substantial parts of the Platform without written permission from WhyDonate or to repeatedly and systematically request or reuse non-substantial parts of the Platform, such as referred to in the Database Act.

7.7 It is not permitted to remove, make illegible, hide or change any notices or mentions relating to intellectual property rights. ​

8. Uploading/provision of information

8.1 By making files, data and/or materials available to WhyDonate, the User guarantees that the User is authorised to do so in accordance with these Terms of Use and that the User is entitled to grant WhyDonate the rights as intended in these Terms of Use.

8.2. The User guarantees that the files, data and/or materials that the User makes available do not violate the law and do not infringe the rights of third parties, such as intellectual property rights and/or privacy. Also, no permission or license is required from the User or any third party to use the files on the Platform.

8.3 Under the conditions set out in these Terms of Use, the User in principle, retains the copyrights and other intellectual property rights belonging to the User with regard to the information made available by the User via the Platform to visitors to the Platform.

8.4 The User acknowledges and agrees that by making files, data and/or materials available to WhyDonate (which in these Terms of Use means, among other things: uploading them), the User automatically provides WhyDonate with a free, unencumbered, worldwide, (sub)licensable, non-exclusive license to:

  1. a) use, reproduce, distribute and make public the files, data and/or materials in connection with a service of WhyDonate;
    b) use and reproduce the files, data and/or materials (and allow third parties to use and reproduce) in any media whatsoever for marketing and/or promotional purposes in connection with a WhyDonate service;
    c) grant the right to remove any files, data and/or materials made available by the User from the WhyDonate servers and from the Platform, intentionally or unintentionally, and for whatever reason and also without reason, without WhyDonate on becomes liable in any way to the User or any third party as a result of such removal.

8.5 The User hereby declares that it will not perform any actions that may infringe (intellectual property) rights of WhyDonate or third parties. The User acknowledges and accepts that any unauthorised use of files, data and materials covered by intellectual property rights violates these Terms of Use and applicable law, including but not limited to the Copyright Act.

8.6 The User acknowledges and agrees that the files, data and/or materials that the User makes available to WhyDonate will be used by other users of WhyDonate. WhyDonate does not accept any liability for compliance with these Terms of Use by users of WhyDonate. The User also acknowledges that there is a possibility that the files, data and/or materials that the User makes available to WhyDonate are used by third parties in a way that conflicts with or is not provided for in these Terms of Use.

8.7 WhyDonate is not liable for any acts of third parties in violation of these Terms of Use or any legal provision or for any other unlawful acts of third parties with regard to files, data and/or materials made available by the User.

8.8 The User guarantees to WhyDonate that the User is fully entitled to the files, data and/or materials that the User makes available to WhyDonate and that the User is fully entitled and authorised to use the license as referred to in this to grant terms of use.

8.9 The User indemnifies WhyDonate and all affiliated companies and persons against all claims from third parties based on the claim that the files, data and/or materials infringe any applicable (intellectual property) right of third parties or are otherwise unlawful towards third parties and for all claims arising from the User’s actions contrary to these Terms of Use. All costs incurred and damage suffered by WhyDonate in any way related to such claims will be reimbursed by the User.

9. Final Provisions

9.1 Deviations from these Terms of Use are only valid if they are agreed upon in writing. The other provisions included in these Terms of Use retain their full effect.

9.2 If a provision of the Terms of Use turns out to be invalid, this does not affect the validity of the entire Terms of Use. WhyDonate will replace the void or invalid part with stipulations that are valid and whose legal consequences, in view of the purport of these Terms of Use, correspond as much as possible with those of the void or invalid part.

9.3 In the event of a sale, transfer or merger, WhyDonate may transfer its rights and obligations under these Terms of Use to a third party. The user will be notified of this.

9.4 If a provision in this Agreement requires that a notification must be made “in writing”, this shall also be complied with if the notification is made by e-mail.

9.5 These Terms of Use are governed by Dutch law. If a dispute arises, WhyDonate will endeavour to reach an amicable solution with the User. If this is not possible, then disputes arising from this agreement will, at the choice of WhyDonate, be submitted to the competent court in Haarlem or Amsterdam unless mandatory law provides otherwise.