Version November 2009
Print version
Normal version
1 Definitions
Agreement: every agreement between PIF BV and/or PIF Foundation on the one hand and the Organisation on the other hand, or between PIF BV and the User;
General Conditions: general conditions of PIF Foundation and Play It Forward BV including the Special Provisions;
Organisation: the legal person that has signed, or intends to sign, the Sponsor Agreement;
PIF: PIF Foundation and Play It Forward BV;
PIF BV: the private company with limited liability organised under Dutch law, Play It Forward B.V., registered with the Dutch Chamber of Commerce under number 34291870, having its registered office at Tolstraat 129, Unit A3.16 (1017 TT) in Amsterdam, the Netherlands;
PIF Foundation: the Foundation Play It Forward, organised under Dutch law and registered in the commercial register of the Dutch Chamber of Commerce under the name “Stichting PIF” under number 34291870, having its registered office at Tolstraat 129, Unit A3.16 (1017 TT) in Amsterdam, the Netherlands;
Player: the natural person who or legal person that has a personal account with PIF BV;
Privacy Statement: the Privacy Statement of PIF as can be found on the Website;
Project: the project that, on the basis of the Sponsor Agreement, has been placed on the Website by PIF BV; Project Budget: the total budget (irrespective the question whether or not the Organisation has already acquired part of this budget as a result of fundraising activities other than through the Website) that in the view of the Organisation is required to realise the Project;
Project Page: the page on the Website on which information is presented to the visitors of the Website about the Project;
Special Provisions: special provisions PIF – Player and/or special provisions PIF – Organisation;
Special Provisions PIF – Player: the special provisions that apply to the (legal) relation between PIF BV and the Player;
Special Provisions PIF – Organisation: the special provisions that apply to the legal relations between PIF BV and/or PIF Foundation on the one hand and the Organisation on the other hand;
Sponsor Agreement is the Agreement between PIF and the Organisation on the basis of which PIF BV places the Project on the Website and on the basis of which PIF Foundation is prepared to raise funds for the Project;
User: every natural person who or legal person that uses the Website, in whichever manner, including though not limited to the Player and the Organisation;
Wallet: the overview on the Website of the funds donated by a Player to PIF Foundation and through which such Player at a later moment can indicate (per unit of 5 Euro) which project should benefit from such funds;
Website: the website of PIF BV with Uniform Resource Locator (URL)
http:// www.pifworld.com or any other URL indicated by PIF BV.
2 Applicability
2.1 By using the Website, in any way whatsoever, the User accepts to be legally bound to these General Conditions. These General Conditions furthermore apply to all applications, offers, assignments and agreements of PIF BV and/or PIF Foundation. General conditions of Users are specifically rejected.
2.2 PIF is entitled to amend these General Conditions at any time without notifying the User of this. It is the User's responsibility to stay updated on the changes made by PIF. The most recent version of the General Conditions will be available on the Website. If the User continues the use of the Website after one or more amendments to these General Conditions, this implies that the User irrevocably accepts this (these) amendment(s).
2.3 These General Conditions consist of:
2.5 English language words used in these General Conditions intend to describe Dutch legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.
2.6 Deviations from these General Conditions are only binding if and in as far as they are confirmed in writing by PIF.
2.7 If one or more provision(s) of these General Conditions are nullified, declared void, or prove to be invalid, the remaining provisions will continue to apply in their original form.
3 Use of the Website
3.1 The User guarantees that (s)he is authorised to make use of the services offered by PIF and that (s)he will act in accordance with these General Conditions and, if applicable, the Special Conditions. The User furthermore guarantees that (s)he will at all times perform the obligations under these General Conditions and if applicable, the Special Conditions and that (s)he will observe all laws and regulations governing the use of the Website.
3.2 Without prejudice to the other provisions of these General Conditions, the actions and/or activities carried out by the User, relating to PIF and/or the Website may not:
4 Uploading files
4.1 Under the conditions provided in these General Conditions and the Special Conditions, the User in principle keeps the copyrights and other intellectual property rights (s)he owns with regard to files (s)he makes available via the Website to the visitors of the Website.
4.2 The User acknowledges and agrees that by making files, data and/or materials available to PIF BV (in these General Condition this refers among others to the uploading of them), the User automatically grants PIF BV:
4.4 The User guarantees that (s)he is fully entitled with regard to the files, data and/or materials as meant in article 4.2 and that (s)he is fully entitled and authorised to grant the license as meant in these General Conditions. The User indemnifies PIF and all affiliated companies and persons, against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against all claims resulting from him/her acting contrary to these General Conditions. All costs incurred and damages suffered by PIF that any way shall be at the expense of the User.
4.5 The User is not allowed to make available via the Website files, data and/or materials (it being at the sole assessment of PIF BV):
5 Content of Third Parties
5.1 It is possible that the Website contains applications, files, data and/or materials and services of third parties and/or links to websites of third parties ("Content of Third Parties") for example by means of a hyperlink, banner or button. The inclusion or availability of Content of Third Parties on the Website does not imply that PIF has approved and/or checked this Content of Third Parties. PIF is not responsible for the content or manner of operation of Content of Third Parties or for any use thereof by the Users of the Website.
5.2 For products or services offered by third parties, the applicable terms and conditions of those third parties apply.
6 PIF's services
6.1 PIF does not regulate the communication between Organisations, Players and Users among themselves and/or Users and the service of PIF. PIF has no, or at most very limited control over the quality, safety, lawfulness, integrity or accuracy of the various parts of PIF's services.
7 Privacy
By using the Website the User is bound by the Privacy Statement.
8 Discontinuation of services
8.1 In addition to the other (legal) remedies that are at the disposal of PIF, PIF BV is entitled to restrict the activities of the User in connection to the Website, to discontinue and/or remove the account of a User to remove files, data and/or materials, to inform the other Users of the Website of the activities, to send out a warning and refuse to provide services to the User, particularly but not limited to, in the event:
- the User acts in violation with these General Conditions and/or in violation with the Special Conditions;
- PIF BV and/or PIF Foundation are not capable to verify or identify certain data that the User provides to PIF BV and/or PIF Foundation;
- PIF BV is of the opinion that the actions of the User may harm him/herself, other Users, or PIF;
- PIF BV is of the opinion that the actions of the User may result in liability for him/herself, for other Users, or for PIF.
PIF will not have any liability whatsoever in this respect.
8.2 PIF BV is entitled without prior notification and without justification, to temporarily or permanently render the service unavailable or to limit the use thereof or to terminate the services all together and this will not result in any right for damages towards PIF.
8.3 PIF does not guarantee that the service of PIF BV will be available at all times, without interruptions or breakdowns.
9 Donations
9.1 Users can donate funds for the benefit of a Project to PIF Foundation.
9.2 After reaching the Project Budget and under the conditions mentioned in the Sponsor Agreement, PIF shall transfer the donations, minus transaction costs, to the Organisation for the Project it manages or supports.
9.3 PIF BV reserves the right not to place the Project on the Website or to temporarily, or permanently remove the Project from the Website if:
(a) the Project Budget has not been reached within six months starting from the moment the Project is placed in the Website; and/or
(b) the Organisation is acting in a manner conflicting with the General Conditions; and/or
(c) facts or circumstances are revealed with regard to the Project and/or the Organisation which, would PIF have been aware of such facts or circumstances at the time of entering into the Agreement, could have led to a reason for PIF not to enter into the Agreement; and/or
(d) the Organisation does not fulfil the obligations as laid out in the Sponsor Agreement regarding the provision of visual reports (video or photo) about the Project.
9.4 PIF BV will inform the Organisation via e-mail regarding its decision not to place the Project on the Website or to (temporarily or permanently) remove the Project from the Website.
9.5 In case the Project is (temporarily or permanently) removed from the Website, the Organisation is neither entitled to the funds that have been acquired by PIF Foundation for the Project, nor to any compensation or damages.
9.6 In the case of removal of the Project from the Website pursuant to article 9.3 and provided PIF Foundation has not (yet) transferred funds to the Organisation, the Wallet of the Players who donated on behalf of the Project will be credited with the same amount in order to enable such Players to support other project(s) on the Website with such amount, provided such Players had an account with the Website at the time of such donation.
9.7 Users and/or Players who donated on behalf of a Project without having an account with the Website at the time of such donation will, in case of removal of the Project from the Website, not be entitled to repayment of the amount donated on behalf of such Project. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.8 In the event PIF Foundation has already transferred the funds or part of the funds to the Organisation, crediting of the Wallet as referred to in Article 9.6 will not take place. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.9 In the event two Users donate the missing amount to complete the project budget of a Project at the same time, the situation may occur that all these donations will be processed. If the User who donated last is a Player, his/her donation will be returned to his/her Wallet. If the User who donated is not a Player, he/she will not be entitled to repayment of the amount donated on behalf of such Project. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.10 Articles 175 to 188 of Book 7 of the Dutch Civil Code regarding donations (in Dutch "schenking") apply to the legal relations between PIF Foundation and the User(s).
9.11 In accordance with Article 7:175, subsection 2 of the Dutch Civil Code, a donation made by a User to PIF Foundation counts as accepted, when PIF Foundation, after acknowledgement of the donation, has not rejected this donation to the suspension of all other business.
9.12 The deposited donations cannot be reclaimed, in accordance with article 46a to f of book 7 of the Dutch Civil Code, department 9A: Agreements from a distance (in Dutch "Overeenkomsten op afstand").
10 Liability
10.1 Neither PIF BV, nor PIF Foundation can be held liable in any way whatsoever for the implementation, financing, budgeting, spending of money donated for the Project, monitoring, evaluation and follow-up of Projects.
10.2 To the extent permitted by law, PIF (which in this case includes companies, officials and employees related to PIF) hereby excludes any liability for any type of damage, direct and/or indirect, which in any manner originated from and/or resulted from the use of the Website or another site which is linked to the Website.
10.3 Without prejudice to the foregoing, PIF more specifically shall not be liable for whichever damages, that are in any manner caused by and/or a result of:
- actions carried out by the User, that would have been inspired by the information placed on the Website; and/or
- the inability to use the Website; and/or
- the fact that certain information on the Website is incorrect, incomplete or not up to date; and/or
- the manner in which Organisations, Players or other Users make use of the services and/or equipment and similar provisions offered by PIF. Organisations, Players or other Users shall specifically indemnify PIF against claims by third parties, that relate to the content of the files, data and or materials supplied by them which PIF makes available on the Website.
10.4 In case PIF, as a result of a shortcoming for which PIF is accountable, is nevertheless liable, the liability will at all times be limited to the direct property damage that are in direct connection to the shortcoming. In any case, PIF will never be liable for consequential damage, including but not limited to pure financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting form or in connection with the services rendered by PIF and/or the use of the Website.
10.5 Insofar PIF, as a result of a shortcoming for which PIF is accountable, is nevertheless liable, this liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the donated money that has actually been donated by the User to PIF Foundation in the current calendar year.
10.6 This restriction of liability does however not mean that PIF excludes any liability for intent and/or gross negligence on the part of PIF itself and/or the PIF board.
11 Other provisions; applicable law
11.1 Without prejudice to any existing statutory obligations on the part of PIF to retain the agreement between a User and PIF in connection with the use of the Website, PIF does not have to keep any archived agreement accessible of this User.
11.2 These General Conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute resulting from or arising in connection with these General Conditions shall be exclusively submitted to the competent courts in Amsterdam, the Netherlands.
1 Project application and Project selection
1.1 Foundations organised under Dutch law with a bank account in the Netherlands can apply with PIF BV for placement of a Project on the Website by sending a completed Application form, as mentioned on the Website. Application forms completed by comparable foreign entities may also be taken into consideration.
1.2 The items specified in the Project Budget should refer to costs that are directly linked to the implementation of the Project.
1.3 PIF BV decides whether a Project is placed on its Website, and this decision depends among others on:
a. the manner/measure in which the project contributes to a positive change for man, animal, or planet;
b. the manner/measure in which the foundation referred to in article 1.1. at that moment fulfils and/or in the past has fulfilled its obligations under the Sponsor Agreement and the General Conditions and Special Conditions.
c. the offer of Projects on the Website taking into account an equally distributed project portfolio.
1.1 A User can apply for his/her own account in the manner described on the Website in order to be able to make use of certain service(s) of PIF.
1.2 PIF BV may at its own discretion decide whether or not to provide a User with an account.
1.3 Legal entities with a for profit character which have created an account on the Website (and thus have become a Player) can only become and remain Player on the Website and (therefore) create and maintain a profile with the prior written consent of PIF BV. Unless explicitly agreed otherwise, this consent terminates on the moment the Website contains a separate functionality that is (also) designed for such legal entities. PIF BV is also entitled to withdraw its consent at any time or impose conditions for such consent.
1.4 The Player can terminate his/her account at any required time in the manner as described on the Website. The Player will not be entitled to repayment of any amount in the Wallet at the time of termination of his/her account. PIF Foundation shall, at its discretion, allocate these funds to an Organisation which has a project on the Website.
1.5 The Player guarantees to PIF that the information provided by the Player to PIF is complete, truthful and accurate, including the personal details of the Player such as his/her name and e-mail address.
1.6 The Player agrees that PIF BV uses and saves the details/data and use them in connection with the management of the account.
1.7 If the Player is younger than sixteen (16) years of age, (s)he should obtain the consent of his/her parents or guardian to create an account. By accepting these General Conditions, the Players guarantees that (s)he is either over sixteen (16) years of age, or has the consent of his/her parents or guardian to create an account.
1.8 The Player is not allowed to create an account in the name of another person, unless that other person has granted him/her (written) consent to do so and the Player will hand over this written permission to PIF BV upon first request from PIF BV.
1.9 In the event a Player, when (s)he created his/her account, has chosen a username which forms part of the name of a current or future partner of PIF, the username of such Player will be changed into "Player[Username]".
1.10 The Player is personally responsible for keeping the password of his/her account confidential to others and shall not grant others access to the services of PIF by using his/her account.
1.11 In the period prior to the moment the Player notifies PIF of any unauthorised use, the Player is liable for the consequences of the fact that other(s) use the account of the Player, with or without his/her consent or knowledge.
Agreement: every agreement between PIF BV and/or PIF Foundation on the one hand and the Organisation on the other hand, or between PIF BV and the User;
General Conditions: general conditions of PIF Foundation and Play It Forward BV including the Special Provisions;
Organisation: the legal person that has signed, or intends to sign, the Sponsor Agreement;
PIF: PIF Foundation and Play It Forward BV;
PIF BV: the private company with limited liability organised under Dutch law, Play It Forward B.V., registered with the Dutch Chamber of Commerce under number 34291870, having its registered office at Tolstraat 129, Unit A3.16 (1017 TT) in Amsterdam, the Netherlands;
PIF Foundation: the Foundation Play It Forward, organised under Dutch law and registered in the commercial register of the Dutch Chamber of Commerce under the name “Stichting PIF” under number 34291870, having its registered office at Tolstraat 129, Unit A3.16 (1017 TT) in Amsterdam, the Netherlands;
Player: the natural person who or legal person that has a personal account with PIF BV;
Privacy Statement: the Privacy Statement of PIF as can be found on the Website;
Project: the project that, on the basis of the Sponsor Agreement, has been placed on the Website by PIF BV; Project Budget: the total budget (irrespective the question whether or not the Organisation has already acquired part of this budget as a result of fundraising activities other than through the Website) that in the view of the Organisation is required to realise the Project;
Project Page: the page on the Website on which information is presented to the visitors of the Website about the Project;
Special Provisions: special provisions PIF – Player and/or special provisions PIF – Organisation;
Special Provisions PIF – Player: the special provisions that apply to the (legal) relation between PIF BV and the Player;
Special Provisions PIF – Organisation: the special provisions that apply to the legal relations between PIF BV and/or PIF Foundation on the one hand and the Organisation on the other hand;
Sponsor Agreement is the Agreement between PIF and the Organisation on the basis of which PIF BV places the Project on the Website and on the basis of which PIF Foundation is prepared to raise funds for the Project;
User: every natural person who or legal person that uses the Website, in whichever manner, including though not limited to the Player and the Organisation;
Wallet: the overview on the Website of the funds donated by a Player to PIF Foundation and through which such Player at a later moment can indicate (per unit of 5 Euro) which project should benefit from such funds;
Website: the website of PIF BV with Uniform Resource Locator (URL)
http:// www.pifworld.com or any other URL indicated by PIF BV.
2 Applicability
2.1 By using the Website, in any way whatsoever, the User accepts to be legally bound to these General Conditions. These General Conditions furthermore apply to all applications, offers, assignments and agreements of PIF BV and/or PIF Foundation. General conditions of Users are specifically rejected.
2.2 PIF is entitled to amend these General Conditions at any time without notifying the User of this. It is the User's responsibility to stay updated on the changes made by PIF. The most recent version of the General Conditions will be available on the Website. If the User continues the use of the Website after one or more amendments to these General Conditions, this implies that the User irrevocably accepts this (these) amendment(s).
2.3 These General Conditions consist of:
(i) a general part that applies to the (legal) relations between PIF Foundation and/or PIF BV and the User (article 2 to article 11); and
(ii) a part that specifically and solely applies to the (legal) relations between PIF Foundation and/or PIF BV and the Organisation (the Special Conditions PIF-Organisation, articles 1.1 to 1.3); and
(iii) a part that specifically applies to the (legal) relations between PIF Foundation and PIF BV and the Player (the Special conditions PIF - Player, article 1.1 to 1.11).
2.4 These General Conditions are drawn up in the Dutch and English language. In case either the content or the meaning are conflicting, the Dutch text shall prevail.(ii) a part that specifically and solely applies to the (legal) relations between PIF Foundation and/or PIF BV and the Organisation (the Special Conditions PIF-Organisation, articles 1.1 to 1.3); and
(iii) a part that specifically applies to the (legal) relations between PIF Foundation and PIF BV and the Player (the Special conditions PIF - Player, article 1.1 to 1.11).
2.5 English language words used in these General Conditions intend to describe Dutch legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.
2.6 Deviations from these General Conditions are only binding if and in as far as they are confirmed in writing by PIF.
2.7 If one or more provision(s) of these General Conditions are nullified, declared void, or prove to be invalid, the remaining provisions will continue to apply in their original form.
3 Use of the Website
3.1 The User guarantees that (s)he is authorised to make use of the services offered by PIF and that (s)he will act in accordance with these General Conditions and, if applicable, the Special Conditions. The User furthermore guarantees that (s)he will at all times perform the obligations under these General Conditions and if applicable, the Special Conditions and that (s)he will observe all laws and regulations governing the use of the Website.
3.2 Without prejudice to the other provisions of these General Conditions, the actions and/or activities carried out by the User, relating to PIF and/or the Website may not:
(a) infringe the rights of PIF BV, PIF Foundation and/or third parties, including intellectual property rights, such as (but not limited to) copyrights, database rights, neighbouring rights, trademark rights and patents, or rights relating to the protection of privacy;
(b) infringe any law, regulation, bye-law or any other applicable regulation;
(c) contain viruses, Trojan horses, worms, bots, or other programmes that may damage, harm, delete, or otherwise render inaccessible and/or useless any authorised work or data;
(d) be based on lies and/or be misleading;
(e) be of a commercial nature, unless PIF BV has given prior written approval; or
(f) in any other manner be unlawful towards PIF BV, PIF Foundation and/or a third party.
3.3 Nothing in these General Conditions and/or on the Website is meant to transfer any intellectual property rights and/or grant any intellectual property rights to the User. The use the User may make of the Website is limited to what has been described in these General Conditions.
3.4 It is not permitted to remove, make illegible, hide, or change any notices or statements relating to intellectual property rights.(b) infringe any law, regulation, bye-law or any other applicable regulation;
(c) contain viruses, Trojan horses, worms, bots, or other programmes that may damage, harm, delete, or otherwise render inaccessible and/or useless any authorised work or data;
(d) be based on lies and/or be misleading;
(e) be of a commercial nature, unless PIF BV has given prior written approval; or
(f) in any other manner be unlawful towards PIF BV, PIF Foundation and/or a third party.
4 Uploading files
4.1 Under the conditions provided in these General Conditions and the Special Conditions, the User in principle keeps the copyrights and other intellectual property rights (s)he owns with regard to files (s)he makes available via the Website to the visitors of the Website.
4.2 The User acknowledges and agrees that by making files, data and/or materials available to PIF BV (in these General Condition this refers among others to the uploading of them), the User automatically grants PIF BV:
(i) a royalty free, unencumbered, worldwide, non-exclusive license, to
(a) use, reproduce, distribute and publicise the files, data and/or materials, in connection with the service of PIF; and
(b) use, reproduce (and to allow third parties to use and reproduce) the files, data and/or materials, via any medium, for marketing and/or promotional purposes in connection with the service of PIF;
(ii) the right to remove intentionally or unintentionally and for whatever reason and also without any reason being given from the PIF servers and from the Website any files, data and/or materials, made available by the User, without PIF becoming liable to the User or a third party in any way whatsoever as a result of such a removal.
4.3 The User acknowledges and agrees that the files, data and/or materials that (s)he has made available to PIF BV will be used by other Users of the Website. PIF does not accept any liability for the compliance with these General Conditions by the users of the Website. The User therefore acknowledges that the possibility exists that the files, data and/or materials made available by him/her to PIF BV are used by third parties in a manner that is contrary to these General Conditions or any legal provision or other unlawful act of third parties in relation to the files, data and/or material made available by the User.(a) use, reproduce, distribute and publicise the files, data and/or materials, in connection with the service of PIF; and
(b) use, reproduce (and to allow third parties to use and reproduce) the files, data and/or materials, via any medium, for marketing and/or promotional purposes in connection with the service of PIF;
(ii) the right to remove intentionally or unintentionally and for whatever reason and also without any reason being given from the PIF servers and from the Website any files, data and/or materials, made available by the User, without PIF becoming liable to the User or a third party in any way whatsoever as a result of such a removal.
4.4 The User guarantees that (s)he is fully entitled with regard to the files, data and/or materials as meant in article 4.2 and that (s)he is fully entitled and authorised to grant the license as meant in these General Conditions. The User indemnifies PIF and all affiliated companies and persons, against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against all claims resulting from him/her acting contrary to these General Conditions. All costs incurred and damages suffered by PIF that any way shall be at the expense of the User.
4.5 The User is not allowed to make available via the Website files, data and/or materials (it being at the sole assessment of PIF BV):
(a) that ask personal data of minors; and/or
(b) that make personal data available; and/or
(c) that ask for passwords or other information that can be traced to persons for commercial or illegal purposes; and/or
(d) that are discriminatory as to appearance, race, religion, gender, culture, origin or may otherwise be called offensive; and/or
(e) that incite to violence against and/or harassment of another person or other persons; and/or
(f) that may lead to, or are the result of, exploitation or abuse of others; and/or
(g) that, in the reasonable judgement of PIF BV, are contrary to public morality or good taste, are violent or contain a link to pornographic material or pornographic websites or include pornographic or erotic material; and/or
(h) that involve commercial activities without prior written approval of PIF BV, such as advertising lotteries, contests or pyramid games; and/or
(i) that encourage or commits the performance of illegal activities; and/or
(j) that involve chain letters, junk-mail or spamming; and/or
(k) that include a photograph or image of another person without that person's consent; and/or
(l) that infringe intellectual property rights of others; and/or
(m) that infringe any law, regulation, bye-law or other applicable regulations, or these General Conditions.
(b) that make personal data available; and/or
(c) that ask for passwords or other information that can be traced to persons for commercial or illegal purposes; and/or
(d) that are discriminatory as to appearance, race, religion, gender, culture, origin or may otherwise be called offensive; and/or
(e) that incite to violence against and/or harassment of another person or other persons; and/or
(f) that may lead to, or are the result of, exploitation or abuse of others; and/or
(g) that, in the reasonable judgement of PIF BV, are contrary to public morality or good taste, are violent or contain a link to pornographic material or pornographic websites or include pornographic or erotic material; and/or
(h) that involve commercial activities without prior written approval of PIF BV, such as advertising lotteries, contests or pyramid games; and/or
(i) that encourage or commits the performance of illegal activities; and/or
(j) that involve chain letters, junk-mail or spamming; and/or
(k) that include a photograph or image of another person without that person's consent; and/or
(l) that infringe intellectual property rights of others; and/or
(m) that infringe any law, regulation, bye-law or other applicable regulations, or these General Conditions.
5 Content of Third Parties
5.1 It is possible that the Website contains applications, files, data and/or materials and services of third parties and/or links to websites of third parties ("Content of Third Parties") for example by means of a hyperlink, banner or button. The inclusion or availability of Content of Third Parties on the Website does not imply that PIF has approved and/or checked this Content of Third Parties. PIF is not responsible for the content or manner of operation of Content of Third Parties or for any use thereof by the Users of the Website.
5.2 For products or services offered by third parties, the applicable terms and conditions of those third parties apply.
6 PIF's services
6.1 PIF does not regulate the communication between Organisations, Players and Users among themselves and/or Users and the service of PIF. PIF has no, or at most very limited control over the quality, safety, lawfulness, integrity or accuracy of the various parts of PIF's services.
7 Privacy
By using the Website the User is bound by the Privacy Statement.
8 Discontinuation of services
8.1 In addition to the other (legal) remedies that are at the disposal of PIF, PIF BV is entitled to restrict the activities of the User in connection to the Website, to discontinue and/or remove the account of a User to remove files, data and/or materials, to inform the other Users of the Website of the activities, to send out a warning and refuse to provide services to the User, particularly but not limited to, in the event:
- the User acts in violation with these General Conditions and/or in violation with the Special Conditions;
- PIF BV and/or PIF Foundation are not capable to verify or identify certain data that the User provides to PIF BV and/or PIF Foundation;
- PIF BV is of the opinion that the actions of the User may harm him/herself, other Users, or PIF;
- PIF BV is of the opinion that the actions of the User may result in liability for him/herself, for other Users, or for PIF.
PIF will not have any liability whatsoever in this respect.
8.2 PIF BV is entitled without prior notification and without justification, to temporarily or permanently render the service unavailable or to limit the use thereof or to terminate the services all together and this will not result in any right for damages towards PIF.
8.3 PIF does not guarantee that the service of PIF BV will be available at all times, without interruptions or breakdowns.
9 Donations
9.1 Users can donate funds for the benefit of a Project to PIF Foundation.
9.2 After reaching the Project Budget and under the conditions mentioned in the Sponsor Agreement, PIF shall transfer the donations, minus transaction costs, to the Organisation for the Project it manages or supports.
9.3 PIF BV reserves the right not to place the Project on the Website or to temporarily, or permanently remove the Project from the Website if:
(a) the Project Budget has not been reached within six months starting from the moment the Project is placed in the Website; and/or
(b) the Organisation is acting in a manner conflicting with the General Conditions; and/or
(c) facts or circumstances are revealed with regard to the Project and/or the Organisation which, would PIF have been aware of such facts or circumstances at the time of entering into the Agreement, could have led to a reason for PIF not to enter into the Agreement; and/or
(d) the Organisation does not fulfil the obligations as laid out in the Sponsor Agreement regarding the provision of visual reports (video or photo) about the Project.
9.4 PIF BV will inform the Organisation via e-mail regarding its decision not to place the Project on the Website or to (temporarily or permanently) remove the Project from the Website.
9.5 In case the Project is (temporarily or permanently) removed from the Website, the Organisation is neither entitled to the funds that have been acquired by PIF Foundation for the Project, nor to any compensation or damages.
9.6 In the case of removal of the Project from the Website pursuant to article 9.3 and provided PIF Foundation has not (yet) transferred funds to the Organisation, the Wallet of the Players who donated on behalf of the Project will be credited with the same amount in order to enable such Players to support other project(s) on the Website with such amount, provided such Players had an account with the Website at the time of such donation.
9.7 Users and/or Players who donated on behalf of a Project without having an account with the Website at the time of such donation will, in case of removal of the Project from the Website, not be entitled to repayment of the amount donated on behalf of such Project. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.8 In the event PIF Foundation has already transferred the funds or part of the funds to the Organisation, crediting of the Wallet as referred to in Article 9.6 will not take place. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.9 In the event two Users donate the missing amount to complete the project budget of a Project at the same time, the situation may occur that all these donations will be processed. If the User who donated last is a Player, his/her donation will be returned to his/her Wallet. If the User who donated is not a Player, he/she will not be entitled to repayment of the amount donated on behalf of such Project. In that case PIF Foundation shall, at its discretion, allocate the funds it received in relation to the Project to an Organisation which has a project on the Website.
9.10 Articles 175 to 188 of Book 7 of the Dutch Civil Code regarding donations (in Dutch "schenking") apply to the legal relations between PIF Foundation and the User(s).
9.11 In accordance with Article 7:175, subsection 2 of the Dutch Civil Code, a donation made by a User to PIF Foundation counts as accepted, when PIF Foundation, after acknowledgement of the donation, has not rejected this donation to the suspension of all other business.
9.12 The deposited donations cannot be reclaimed, in accordance with article 46a to f of book 7 of the Dutch Civil Code, department 9A: Agreements from a distance (in Dutch "Overeenkomsten op afstand").
10 Liability
10.1 Neither PIF BV, nor PIF Foundation can be held liable in any way whatsoever for the implementation, financing, budgeting, spending of money donated for the Project, monitoring, evaluation and follow-up of Projects.
10.2 To the extent permitted by law, PIF (which in this case includes companies, officials and employees related to PIF) hereby excludes any liability for any type of damage, direct and/or indirect, which in any manner originated from and/or resulted from the use of the Website or another site which is linked to the Website.
10.3 Without prejudice to the foregoing, PIF more specifically shall not be liable for whichever damages, that are in any manner caused by and/or a result of:
- actions carried out by the User, that would have been inspired by the information placed on the Website; and/or
- the inability to use the Website; and/or
- the fact that certain information on the Website is incorrect, incomplete or not up to date; and/or
- the manner in which Organisations, Players or other Users make use of the services and/or equipment and similar provisions offered by PIF. Organisations, Players or other Users shall specifically indemnify PIF against claims by third parties, that relate to the content of the files, data and or materials supplied by them which PIF makes available on the Website.
10.4 In case PIF, as a result of a shortcoming for which PIF is accountable, is nevertheless liable, the liability will at all times be limited to the direct property damage that are in direct connection to the shortcoming. In any case, PIF will never be liable for consequential damage, including but not limited to pure financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting form or in connection with the services rendered by PIF and/or the use of the Website.
10.5 Insofar PIF, as a result of a shortcoming for which PIF is accountable, is nevertheless liable, this liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the donated money that has actually been donated by the User to PIF Foundation in the current calendar year.
10.6 This restriction of liability does however not mean that PIF excludes any liability for intent and/or gross negligence on the part of PIF itself and/or the PIF board.
11 Other provisions; applicable law
11.1 Without prejudice to any existing statutory obligations on the part of PIF to retain the agreement between a User and PIF in connection with the use of the Website, PIF does not have to keep any archived agreement accessible of this User.
11.2 These General Conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute resulting from or arising in connection with these General Conditions shall be exclusively submitted to the competent courts in Amsterdam, the Netherlands.
SPECIAL CONDITIONS PIF - Organisation
1 Project application and Project selection
1.1 Foundations organised under Dutch law with a bank account in the Netherlands can apply with PIF BV for placement of a Project on the Website by sending a completed Application form, as mentioned on the Website. Application forms completed by comparable foreign entities may also be taken into consideration.
1.2 The items specified in the Project Budget should refer to costs that are directly linked to the implementation of the Project.
1.3 PIF BV decides whether a Project is placed on its Website, and this decision depends among others on:
a. the manner/measure in which the project contributes to a positive change for man, animal, or planet;
b. the manner/measure in which the foundation referred to in article 1.1. at that moment fulfils and/or in the past has fulfilled its obligations under the Sponsor Agreement and the General Conditions and Special Conditions.
c. the offer of Projects on the Website taking into account an equally distributed project portfolio.
SPECIAL CONDITIONS PIF - Player
1 Account1.1 A User can apply for his/her own account in the manner described on the Website in order to be able to make use of certain service(s) of PIF.
1.2 PIF BV may at its own discretion decide whether or not to provide a User with an account.
1.3 Legal entities with a for profit character which have created an account on the Website (and thus have become a Player) can only become and remain Player on the Website and (therefore) create and maintain a profile with the prior written consent of PIF BV. Unless explicitly agreed otherwise, this consent terminates on the moment the Website contains a separate functionality that is (also) designed for such legal entities. PIF BV is also entitled to withdraw its consent at any time or impose conditions for such consent.
1.4 The Player can terminate his/her account at any required time in the manner as described on the Website. The Player will not be entitled to repayment of any amount in the Wallet at the time of termination of his/her account. PIF Foundation shall, at its discretion, allocate these funds to an Organisation which has a project on the Website.
1.5 The Player guarantees to PIF that the information provided by the Player to PIF is complete, truthful and accurate, including the personal details of the Player such as his/her name and e-mail address.
1.6 The Player agrees that PIF BV uses and saves the details/data and use them in connection with the management of the account.
1.7 If the Player is younger than sixteen (16) years of age, (s)he should obtain the consent of his/her parents or guardian to create an account. By accepting these General Conditions, the Players guarantees that (s)he is either over sixteen (16) years of age, or has the consent of his/her parents or guardian to create an account.
1.8 The Player is not allowed to create an account in the name of another person, unless that other person has granted him/her (written) consent to do so and the Player will hand over this written permission to PIF BV upon first request from PIF BV.
1.9 In the event a Player, when (s)he created his/her account, has chosen a username which forms part of the name of a current or future partner of PIF, the username of such Player will be changed into "Player[Username]".
1.10 The Player is personally responsible for keeping the password of his/her account confidential to others and shall not grant others access to the services of PIF by using his/her account.
1.11 In the period prior to the moment the Player notifies PIF of any unauthorised use, the Player is liable for the consequences of the fact that other(s) use the account of the Player, with or without his/her consent or knowledge.
