In this document, any reference to:
Get It Done: the branded Platform for small-scale development projects known as Get It Done as facilitated through the foundation under the registered name of Stichting Save Cheruto (registered with the Dutch chamber of commerce under registration number KVK 27 31 29 13);
Member: any User who creates an account by way of submitting a user name and password;
Platform the Website, the Get It Done back office or any Get It Done online social network profile page (as specified on the Website);
Privacy Statement: the privacy statement of Get It Done as found on the Website;
Project: any small-scale development project, specified in terms of human- needs, goals, method, target population, budget, location, contingency on other activities and timeframes that on the basis of the Project Agreement, has been or will be placed on the Platform;
Project Agreement: in relation to a Project, an agreement between Get It Done and the relevant members of the applicable Project Team for the purpose of evidencing the terms and conditions relating to the use of the Platform for that Project;
Project Budget: in relation to a Project, the budget in euro agreed between Get It Done and the applicable Project Team required to realise that Project;
Project Owner: in relation to a Project, any person responsible for the management of that Project on the Platform and having special status and privileges on the Platform, as specified in the section 'Special Conditions- Project Ownerʼ;
Project Partner: in relation to a Project, the relevant party responsible for implementation and execution of that Project at its location;
Project Team: in relation to a Project, any Project Owner, any Project Partner and any other person designated as a member of that team by any Project Owner or Project Partner (as expressly specified under the relevant Project Agreement or as notified by a Project Owner to Get It Done);
Supporter: any User making a donation via the Platform;
User: anyone who uses the Website; and
Website: the Get It Done website with Uniform Resource Locator (URL) www.getitdone.org or any other URL indicated by Get It Done.
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1.1 Any User accepts to be legally bound by these General Conditions. These General Conditions apply to all applications, offers, assignments and agreements of Get It Done and its Platform.
1.2 Get It Done is entitled to amend these General Conditions at any time without notifying the User of this. It is the User's responsibility to remain informed about any changes made by Get It Done. The most recent version of the General Conditions will be available on the Website. If the User continues the use of the Website after any amendment to these General Conditions, this implies that the User irrevocably accepts those General Conditions (as amended).
1.3 These General Conditions consist of:
- (i) a general part that applies to the (legal) relations between Get It Done and the User
- (ii) a part that specifically and solely applies to the (legal) relations between Get It Done and a Project Partner
- (iii) a part that specifically applies to the (legal) relations between Get It Done and a Project Owner and
- (iv) a part that specifically applies to the (legal) relations between Get It Done and a Supporter.
1.4 These General Conditions are written in English. English 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.
1.5 Deviations from these General Conditions are only binding if and in as far as they are confirmed in writing by Get It Done.
1.6 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 or as otherwise agreed by Get It Done.
2. Use of the Platform
2.1 The User guarantees that (s)he is authorised to make use of the services offered by Get It Done and that (s)he will act in accordance with these General Conditions, and if applicable, the Special Conditions. The User 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.
2.2 Without prejudice to the other provisions of these General Conditions, the actions and/or activities carried out by the User relating to Get It Done or the Platform may not:
- (a) infringe the rights of Get It Done 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 Get It Done has given prior written approval; or
- (f) in any other manner be unlawful towards Get It Done and/or a third party.
2.3 Nothing in these General Conditions or the Platform 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 Platform is limited to what has been described in these General Conditions.
2.4 It is not permitted to remove, make illegible, hide, or change any notices or statements relating to intellectual property rights relating to or connected to (directly or indirectly) the Platform.
3. Uploading Data
3.1 t is not permitted to remove, make illegible, hide, or change any notices or statements relating to intellectual property rights relating to or connected to (directly or indirectly) the Platform.
3.2 The User acknowledges and agrees that by making files, data and/or materials available to Get It Done (including via the Platform) (in these General Conditions this refers to, among other things, by way of any form of upload), the User automatically grants Get It Done:
(a) a royalty-free, unencumbered, worldwide, non-exclusive license, to
- (i) use, reproduce, distribute and publicise the files, data and/or materials, in connection with the service of Get It Done; and
- (ii) use, reproduce (and 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 Get It Done; and
- (b) the right to remove intentionally or unintentionally and for whatever reason and also without any given reason from Get It Done servers or any part of the Platform any files, data and/or materials, made available by the User, without Get It Done becoming liable to the User or a third party in any way whatsoever as a result of such a removal.
3.3 The User acknowledges and agrees that the files, data and/or materials that (s)he has made available to Get It Done (including via the Platform) may be used by any other User of the Platform. Get It Done does not accept any liability for the compliance by the Users of any part of the Platform with these General Conditions. The User therefore acknowledges that the possibility exists that the files, data and/or materials made available by him/her to Get It Done 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 (including via the Platform).
3.4 The User guarantees that (s)he is fully entitled with regard to the files, data and/or materials as meant in this paragraph 3 and that (s)he is fully entitled and authorised to grant the license as meant in these General Conditions. The User indemnifies Get It Done 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 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 Get It Done in any way shall be reimbursed by the User immediately on demand by Get It Done.
Prohibited files, data and/or materials
The User is not allowed to make available via (any part of) the Platform any files, data and/or materials (it being at the sole discretion of Get It Done):
- (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 judgment of Get It Done, 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 Get It Done, such as advertising lotteries, contests or pyramid games; and/or
- (i) that encourage or commit 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.
4.1 Get It Done cannot be held liable in any way whatsoever for the implementation, financing, budgeting, spending of any donation for any Project, monitoring, evaluation and follow-up of any Project.
4.2 To the extent permitted by law, Get It Done (which in this case includes companies, officials, employees or volunteers related to Get It Done) 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 Platform.
4.3 Without prejudice to 4.1 or 4.2 above, Get It Done more specifically shall not be liable for whichever damages, that are in any manner caused by and/or a result of:
- (a) actions carried out by any User resulting from information on the Platform; and/or
- (b) the inability to use the Platform; and/or
- (c) the fact that certain information on the Platform is incorrect, incomplete, or not up to date; and/or
- (d) the manner in which any User make use of the services and/or equipment and similar provisions offered by Get It Done. Any User specifically indemnify Get It Done against claims by third parties that relate to the content of the files, data, and/or materials supplied by or on behalf of that User and which Get It Done makes available on the Platform.
4.4 Any direct liability resulting from any gross negligence or misconduct of Get It Done will at all times be limited to the actual damage. In any case, Get It Done will never be liable for consequential damage, including but not limited to pure financial loss, loss of turnover and profit, loss of data or immaterial damage, resulting from or in connection with the services rendered by Get It Done and/or the use of any part of the Platform.
The User is bound by the Privacy Statement.
6. Third parties
6.1 It is possible that the Platform 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 Platform does not imply that Get It Done has approved and/or checked this Content of Third Parties. Get It Done is not responsible for the content or manner of operation of Content of Third Parties or for any use thereof by any User.
6.2 For products or services offered by third parties, the applicable terms and conditions of those third parties apply.
7.1 In addition to any other (legal) remedies available to Get It Done, Get It Done is entitled to restrict the activities of any User to discontinue and/or remove the account of a User to remove files, data and/or materials, to inform any Users of any of those activities, to send out a warning or refuse to provide services to that User, particularly but not limited to, in the event that: (a) the relevant User acts in violation of these General Conditions and/or in violation of the Special Conditions; (b) Get It Done is not capable to verify or identify certain data that a User provides to Get It Done; (c) Get It Done is of the opinion that the actions of a User may harm him/herself, other Users or Get It Done; and/or (d) Get It Done is of the opinion that the actions of a User may result in liability for him/herself, any other User or for Get It Done. Get It Done will not have any liability whatsoever in this respect.
7.2 Get It Done is entitled without prior notification and at its sole discretion to temporarily or permanently render any service unavailable or to limit the use thereof or to terminate any the service altogether and this will not result in any right for damages against Get It Done.
7.3 Get It Done does not guarantee that any service of Get It Done will be available at all times, without interruptions or breakdowns.
8.1 Users can donate funds for the benefit of a project to Get It Done.
8.2 Only if 100% of the Project Budget has been raised and under the conditions mentioned in the Project Agreement, shall Get It Done transfer the initial proportion of the funds to the Project Partner.
8.3 Get It Done reserves the right not to place any Project on the platform or to temporarily, or permanently remove the Project from the Platform if:
- (a) any member of the Project Team is acting in a manner conflicting with the General Conditions (as judged by Get It Done); and/or
- (b) the Project Partner does not fulfill the obligations as laid out in the Project Agreement (as judged by Get It Done);
- (c) facts or circumstances are revealed with regard to the Project and/or the Project Team which, would Get It Done have been aware of such facts or circumstances at the time of entering into the Project Agreement, could have led to a reason for Get It Done not to enter into the Project Agreement.
8.4 In case the Project is on hold or cancelled on the Platform, the Project Partner, nor any member of the Project Team is neither entitled to the funds that have been acquired by Get It Done for the Project, nor to any compensation or damages. (See Special Conditions Get It Done Project Partner.)
8.5 In case of cancellation of the Project before the funding has been completed, the funds raised by the Supporters will be allocated by Get It Done to other current Projects on the Platform. In such a case Get It Done will seek to notify the relevant Supporters about the allocation of their donations.
8.6 In case of a cancellation of the Project by Get It Done after the Project execution has started, the funds raised by the Supporters will be allocated by Get It Done to other current Projects on the Platform. In such a case Get It Done will seek to notify the relevant Supporters about the allocation of their donations.
8.7 Articles 175 to 188 of Book 7 of the Dutch Civil Code regarding donations apply to the legal relations between Get It Done and the Supporters.
8.8 In accordance with article 7;175, subsection 2 of the Dutch Civil Code, a donation made by a Supporter to Get It Done counts as accepted, when Get It Done, after acknowledgement of the donation, has not rejected this donation to the suspension of all other business.
8.9 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.
9. Other Provisions:
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.
10. International Use:
The Platform is controlled and operated from within the Netherlands. Get It Done makes no representation that the Platform is appropriate or available in locations outside the Netherlands. Those who choose to access the Platform from other locations do so at their own risk and are responsible for compliance with applicable laws.
11. Protection of Children:
If a User is younger than sixteen (16) years of age, (s)he should obtain the consent of his/her parents or guardian to donate to a Project or become a Member. By accepting these General Conditions, the User guarantees that (s)he is either over sixteen (16) years of age, or has the consent of his/her parents or guardian to use the Platform. Any information we receive from Users we believe to be under the age of 16 without his/her parents' consent will be purged from our database.
12. Entire Agreement:
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1 Special Conditions Project Team
1.1 Project Application and Project Selection
1.1.1 The Project Owner and Project Partner within a Project Team should be at least 18 years of age and sound of mind.
1.1.2 The Project Owner and Project Partner guarantee to Get It Done that all information provided to Get It Done is complete, truthful, up to date and accurate, including the personal details of the Project Owner and Project Partner such as his/her name and email address.
1.1.3 The Project Owner and Project Partner guarantee to Get It Done that (s)he keeps Get It Done informed of any changes related to the Project application after submission.
1.1.4 All members of any Project Team are personally responsible for keeping the password of his/her account confidential to others and shall not grant others access to the services of Get It Done by using his/her account.
1.1.5 In the event of any unauthorised use of a Memberʼs account on Get It Done, the Member must notify Get It Done immediately. Get It Done is not liable for the consequences of any unauthorised use before being informed of such.
1.1.6 The items specified in the Project Budget should refer to costs that are directly linked to the implementation of the Project.
1.1.7 Only a private or legal person can apply a project to Get It Done.
1.1.8 Get It Done decides whether a Project is accepted on its Platform, and this decision depends among others on:
- (a) if the project meets the Project Criteria and
- (b) if the project complies with the conditions specified in the General Conditions and/or Special Conditions
1.1.9 The Project Owner and Project Partner are legally bound to cooperate with Get It Done in providing Project related information when requested by Get It Done.
1.2 Project Execution
1.2.1 The Project Partner is legally bound to follow the conditions and requirements specified in the Project Agreement.
1.2.2 Each Project has a maximum fundraising window on the Platform of 6 months.
1.2.3 Each Project has a maximum timeframe of 12 months to complete after the first transfer of funds.
1.2.4 The required funds specified in the budget need to be directly related to the costs necessary for the execution of the Project.
1.2.5 When Get It Done finds the Project not to be in compliance with the conditions named in the General Agreement, Special Conditions or Project Agreement, then Get It Done has the right to refuse to place the Project on the Platform and/or to remove the Project from the Platform. Get It Done will inform the Project Team via email with regard to the decision not to place the Project on the Platform or to (temporarily or permanently) remove the Project from the Platform. The decision of Get It Done is final.
1.2.6 The Project Partner is legally bound to cooperate with Get It Done in monitoring, evaluation and the follow-up of the Project.
1.2.7 The Project Partner will keep the Supporters and the rest of the Project Team informed of the Project progress using amongst other channels, the specific Project page on the Platform.
1.2.8 The Platform can not be used to solicit for funds not specified in the Project Budget.
1.2.9 If any member of the Project Team has a website dedicated to the applied Project, it is implicit with the use of the Platform that a link or banner will be placed on that website with the Get It Done logo.
2 Special Conditions Project Owner
2.1 The Project Owner will use the Project page on the Platform to promote his/her project on line.
2.2 The Project Owner agrees to make the first donation to the Project as soon as the Project is live on the Platform.