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Fundraiser Terms and Conditions
Version 1.1 – [28 September 2021]
Scope of the Fundraiser Terms and Conditions
These Fundraiser Terms and Conditions govern the use by the Fundraiser of the platform provided by Woolsocks to receive donations made by Woolsocks Members.
Account: the environment of the Fundraiser on the Woolsocks website in which the status of the Donations is displayed and in which Fundraiser's personal data can be changed.
Cashback Services: service that enables a Woolsocks Member to receive a Cashback.
Cashback: monetary rewards offered by a CSP for purchasing goods and services with merchants through that CSP using the Woolsocks App.
CSP: a Cashback Services Provider selected by Woolsocks that provides Cashback Services such as OrangeBuddies Media B.V.
Donation: a liberatory payment by the CSP to a Fundraiser at the instruction of a Woolsocks Member, extinguishing a Woolsocks Member's right to a certain Cashback.
Donor: Woolsocks Member making a Donation to a Fundraiser listed in the Woolsocks App.
FTC: these Fundraiser Terms and Conditions.
Fundraiser: fundraising organisation, charities, sport clubs, theatres, schools and other communities and non-profit organisations that seek funding for their goals and Fundraiser Campaigns, and which Woolsocks Members can support by making an online Donation through the Woolsocks App.
Fundraiser Campaign: specific donation goal created by a Fundraiser and listed in the Woolsocks App and/or the Woolsocks Website.
Woolsocks: Woolsocks AG with registered address on Pilatusstrasse 38, 6002 Luzern, Switzerland, registered in the Commercial Register of the Canton of Lucerne under number CHE-328.679.380, the provider of the Woolsocks App and the Woolsocks Website.
Woolsocks App: the Application provided by Woolsocks on which a Woolsocks Member can access several services provided by partners such as Cashback Services and Account Information Services.
Woolsocks Member: the adult consumer who enters into an Agreement with Woolsocks, resides in the European Economic Area and has a SEPA bank account number.
Woolsocks Platform: the Woolsocks App and Woolsocks Website together.
Woolsocks Website: the website operated by Woolsocks www.woolsocks.eu.
3. The Fundraising Cooperation
Woolsocks, through its platform, enables a Fundraiser to receive Donations from Woolsocks Members. Woolsocks Members can support Fundraisers by instructing the CSP to make a liberatory payment of a Cashback to a Fundraiser of their choice.
The Cashback Services on the Woolsocks platform are provided by a CSP(s) with whom Woolsocks has contracted. The CSP(s) are subject to change at Woolsocks' discretion.
Donations will be paid out to the Fundraiser once a month on a date set by the CSP.
Woolsocks will use the bank account information that a Fundraiser provided to Woolsocks as part of the registration process to have Donations paid out by the CSP. Any changes to the bank account details must be submitted to Woolsocks by an authorised representative of the Fundraiser and at least one month before the pay-out date set by the CSP.
The Fundraiser can access the Woolsocks Platform through its Account.
4. Partnership with Woolsocks
You must be an officially registered Fundraiser.
You must be established in the European Economic Area in a jurisdiction where Woolsocks provides services to Woolsocks Members.
You must have a SEPA bank account number in the name of the Fundraiser.
Communications between Woolsocks and the Fundraiser will be in electronic form. Woolsocks will inform the Fundraiser through notifications and by sending e-mails unless a notification in paper form is mandatorily required by law.
Notwithstanding Article 5.1 Woolsocks shall always be entitled to offer the Fundraiser additional means of communication, e.g. customer service by telephone.
Communications between the Fundraiser and Woolsocks will be in English or any other language supported by Woolsocks.
Donations may be tax deductible. Since tax laws vary by country and region, the Fundraiser should consult a tax professional or review the laws for its area to determine whether it is entitled to tax reliefs.
Donations are paid out to the Fundraiser and in no event to a natural person.
The Fundraiser may sign up to be listed on the Woolsocks Platform using the Woolsocks Website.
In order to complete the Customer Due Diligence request, the Fundraiser shall provide all information deemed necessary by Woolsocks such as about the Fundraiser organisation, the Fundraiser Campaigns and its legal representatives.
Woolsocks may – at its sole discretion – decide to approve or reject a Fundraiser as a partner or a certain Fundraiser Campaign.
After successful completion of the Customer Due Diligence, the Fundraiser can create one or more Fundraiser Campaigns to receive Donations.
8. Certain Fundraiser Obligations
The Fundraiser agrees to provide Woolsocks with information Woolsocks request about the Fundraiser for any purpose related to the Fundraiser Campaigns.
The Fundraiser shall inform Woolsocks whenever information provided to Woolsocks pursuant to the FTC such as legal status, registration as a caritative institution or board membership, changes.
The Fundraiser gives Woolsocks permission to modify and translate the content of any images, video, trademarks, stories, name, likeness, information, or other content provided by the Fundraiser in connection with the Fundraiser Campaigns on the Woolsocks Platform.
The content the Fundraiser provided to be posted for display within the Woolsocks Platform, including any links to other websites and the content of linked websites, will not be false, misleading, inaccurate or deceptive or violate any law or regulation or be defamatory, obscene or breach any right of, or duty owed to, a third party such as intellectual property rights.
The Fundraiser shall ensure that all Donations the Fundraiser received will only be used for the Fundraiser Campaigns specified and in accordance with the Fundraiser Campaigns description posted by Woolsocks on the Woolsocks Platform.
The Fundraiser shall ensure that any Donations received will not be used to undertake the following acts:
include or encourage violations of law or public policy;
undertake acts that harm Woolsocks' or the CSP's reputation;
cause any private inurement or improper private benefit to occur; or
the Fundraiser will only post Fundraiser Campaigns that adhere to the applicable laws and regulations in the country the Fundraiser operates in.
The Fundraiser will not act in a way that breaches any of the statutes, regulations or laws applicable to the Fundraiser, including the GDPR.
The Fundraiser shall inform Woolsocks if the Fundraiser received Donations that the Fundraiser should reasonably know the Fundraiser was not entitled to receive.
The Fundraiser agrees to provide any information as required by Woolsocks to comply with applicable laws and regulations.
Woolsocks may undertake further checks and request the Fundraiser to provide any further documentation it deems necessary to ascertain:
8.10.1.the identity of the Fundraiser or its authorised representatives;
8.10.2.the veracity of the Fundraiser's bank account details;
8.10.3.the Fundraiser's and Fundraiser Campaigns objectives; and
8.10.4.compliance with the FTC.
9. Woolsocks Obligations
The role of Woolsocks with respect to the Donation is strictly limited to the selection of Fundraisers and cooperation with a CSP to enable a Woolsocks Member to donate a Cashback to a Fundraiser. All Donations paid out by a CSP shall be deemed to have been received and/or collected by the Fundraiser.
10. Intellectual Property
Woolsocks (or a partner with whom Woolsocks cooperates specifically for this purpose) is exclusively responsible for and retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) to all information and content (including all information, images, videos, databases and computer programs) available on the Woolsocks Platform and in the software pertaining to the Woolsocks Platform.
Any use of the Woolsocks Platform that goes beyond normal use, in particular the private and commercial reproduction, modification, distribution or storage of information or files, in particular of texts, parts of texts, images and film material, requires Woolsocks’ prior express written consent.
The Fundraiser authorises Woolsocks to use its name and/or logo (image) for commercial and marketing purposes. The Fundraiser can also make use of the Woolsocks image subject to the guidelines provided by Woolsocks in this respect. However, Woolsocks may request to be removed from any communication used by the Fundraiser.
11. Limitation of Liability
Woolsocks shall only be liable for foreseeable losses caused by Woolsocks' wilful or gross negligence or by fraudulent acts committed by Woolsocks. Liability for indirect damage, in particular consequential damage, unforeseeable damage or atypical damage as well as loss of profit shall be excluded. The same applies to the consequences of industrial disputes, accidental damage and force majeure.
Woolsocks commits to take reasonable commercial efforts to make sure that its services are not interrupted and are accessible at a reasonable speed. However, Woolsocks cannot be held liable for interruption of the Woolsocks Platform or other faults.
The Fundraiser agrees to indemnify, defend, and hold Woolsocks harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim against Woolsocks related to the Fundraiser's actions, content or information including non-compliance with the FTC.
Should the Fundraiser use the Donations for another purpose than initially stated, then Woolsocks reserves the right to reclaim all Donations and all costs associated with the recollection of such Donations from the Fundraiser.
Woolsocks and/or the CSP is not responsible for the Fundraiser's compliance with applicable laws such as but not limited to soliciting and receiving Donations or tax law.
Woolsocks and/or the CSP shall not be liable for any damages incurred by the Fundraiser caused by the provision of incorrect information to Woolsocks or where the Fundraiser failed to inform Woolsocks of any relevant change in information pursuant to the Articles 3.4 and 8.2.
Woolsocks reserves the right to amend these FTC from time to time.
Any proposed amendments to the FTC shall be notified to the Fundraiser no later than two weeks prior to their proposed effective date.
The amendments shall be deemed to have been approved by the Fundraiser, unless the Fundraiser indicates disapproval before their proposed effective date. In such a case, The Fundraiser may immediately terminate the business relationship with Woolsocks. Disapproval of amendments to the FTC by the Fundraiser could also lead to Woolsocks no longer being able to provide the Woolsocks Platform to the Fundraiser and therefore termination of the business relationship with the Fundraiser on the day prior to entry into force of the amendments to the FTC.
Notwithstanding Article 12.1, Woolsocks shall always be entitled to add new services to the existing offering.
The Fundraiser may terminate the business relationship with Woolsocks at any time upon written notice to Woolsocks. Woolsocks may terminate the business relationship with the Fundraiser subject to a two weeks' prior notice.
Woolsocks' right to terminate the business relationship for good cause without observing a notice period shall remain unaffected. Examples for good termination causes are repeated violations of the FTC, a serious one-time violation of the FTC, disapproval of amendments of the FTC as set out in Article 12.3, or revocation of the Fundraiser's consent to the processing of personal data by Woolsocks.
The following shall apply post-termination:
from the termination date, the Fundraiser Campaigns on the Woolsocks Platform will be disabled and Woolsocks Members will no longer be able to donate to the Fundraiser;
the Fundraiser must remove all links, references and referrals to Woolsocks that are used by it; and
the CSP will, subject to these terms, pay out any Donation up to the point of termination, to the Fundraiser.
Should The Fundraiser be dissatisfied with the Services, then Woolsocks would like to ask the Fundraiser to file a complaint with email@example.com.
15. Transfer & Assignment
The Fundraiser shall not transfer any rights or obligations under the FTC to a third party.
Woolsocks reserves the right to transfer any rights or obligations under the FTC to a third party.
If any provision of the FTC is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby.
The Fundraiser shall not be entitled to set-off any rights and claims it may have against Woolsocks. Woolsocks may, at its sole discretion, set off any rights and claims it may have against the Fundraiser.
18. Governing law
The FTC are governed by the laws of Switzerland. The exclusive place of jurisdiction for all disputes arising from the FTC shall be the competent Court of the Canton of Lucerne.