These Terms and Conditions apply to the Cause that wants to register and be visible on the OceansX Funding Platform in order to raise donations, and to persons and/or organizations (Users) that make a donation or initiate a fundraising campaign for a Cause.
In order to keep the registration process as simple as possible and therefore cost-saving, an agreement is made between OceansX and the Cause or you as User. If you as User, on behalf of the Cause, do not wish to enter into an agreement, this registration process is not intended for you and we ask you to stop the registration process.
If the Cause or User agrees with these Registration Conditions, OceansX assumes that it is aware of the rights and obligations as stated in these Registration Conditions.
These Registration Conditions can be modified by OceansX at any time, except for a Cause with a pre-existing agreement. The present version entered into force on March 17, 2021.
- OceansX, Stichting OceansX, registered office at Dokter van Peltlaan 44, 1861 KD Bergen, The Netherlands. Registered at the chamber of commerce under number 75067226.
- Cause: Every charitable institution, fund and/or legal entity that is not-for-profit (meaning: association, foundation) or individual with a societal goal, that would like to use the services of OceansX to acquire donations from Users.
- Users: A natural or legal person that uses the OceansX Funding Platform to donate to a Cause.
- Platform: The OceansX software application and website, that can be found at https://funding.oceansx.nl.
- External Payment System: The Mollie External Payment System. Information and terms and conditions for Mollie can be found at https://www.mollie.com.
- OceansX enables Causes to become online visible and findable via its Funding Platform and to incite Users to make donations to the Cause.
- OceansX enables Users to donate via the Platform to one or more Causes or actions. A User can also set up a fundraising campaign for a Cause.
- To use the OceansX Platform and services, the Cause has to register on the Platform. If the Cause has registered and agreed with the Registration Conditions, an agreement is concluded between OceansX and the Cause. After registration, the Cause is verified by OceansX.
- The Cause is obliged to fully and truthfully fill in the information requested in the registration process. After the Cause has successfully registered via the Platform, the Cause receives a verification email.
- OceansX may determine at its own discretion whether the registered Cause satisfies the requirements that OceansX has set and is free to reject and thereby not complete the registration. In that case, the agreement will be dissolved.
- If the Cause does not agree to this form of agreement, they must immediately and unequivocally inform OceansX in writing (post or e-mail) info @ oceansx.nl .
- In case a User wishes to make a donation via the Platform, the User must accept these Terms and conditions and successfully go through all the steps of the donation process and the payment process.
- The User determines to which Cause, what amount they donate.
- OceansX ensures that donations, made through the Platform, are paid out to the Cause. For Users, besides the donation, the use of the Platform is free.
- In case the Cause rejects the donation, the donation amount (minus OceansX costs and transaction costs) will be returned to the account from which the payment was made within a maximum period of three months.
Duration Agreement Cause
- This is an indefinite agreement that starts on the date that OceansX notifies the Cause in writing that the registration has been completed and that an agreement has been reached.
- The agreement can be terminated immediately by either party, without providing any reasons.
Rights and Duties OceansX
- OceansX will at all times adhere to applicable laws and regulations related to fundraising, unless this cannot be reasonably expected.
- OceansX will put the Cause on the Platform as quickly as possible after the Cause has registered, after a review process to ensure that the Cause follows the OceansX principles. The page will be filled according to information provided by the Cause.
- OceansXwill do their best to facilitate the wishes of the Cause but is not bound to directions from the Cause in relation to the execution of the agreement.
- OceansX has the right to modify or adjust the provided information if it improves the accessibility and/or quality of the Platform.
- OceansX retains the right to temporarily suspend the service for the purpose of maintenance, adjustment or improvement of the OceansX systems. OceansX will, in principal, plan these suspensions outside of office hours and will notify the Cause in a timely manner of any planned suspension. OceansX will never be liable for any compensation to the Cause in relation to planned suspension.
- Although OceansX aims to offer accurate, complete and up-to-date information from reliable sources, OceansX does not guarantee the accuracy, completeness or up-to-dateness of the information.
- If OceansX offers hyperlinks to Cause’s information, this does not mean that OceansX recommends this offered information or these services. The use of such links is completely at your own risk. OceansX does not accept liability for the content, the use or the availability of such information. OceansX can in no way be a party to a conflict between the party that gives the information and the User that the information relates to.
- Users of the Platform can place their own content on the Platform. OceansX does not check or edit these in advance, apart from a review process to check that all information is in place. OceansX will investigate complaints about the content at all times and will adjust or delete the content if necessary. For complaints or comments, the User or visitor must contact us by sending an email to: info @ oceansx.nl.
Rights and Duties of the Cause
- Only a statutorily and legally authorized or duly authorized proxy can represent the legal person. If the Cause is not a legal person, but a natural person, then only that person is authorized to sign up to OceansX. If the representative of the Cause has not legally represented the cause, that person is liable for compensation for any damage to OceansX.
- The Cause itself is responsible for confidentiality of the username and password provided by OceansX. If the username and password fall into the hands of a third party, without fault of OceansX, OceansX is not liable for the consequences thereof. In case of suspected misuse of the account, the Cause must inform OceansX as soon as possible.
- The Cause guarantees that documents, data and/or materials that the Cause makes available to OceansX or on the Platform are not in violation of the law and do not violate the rights of third parties, such as intellectual property and/or privacy rights. The Cause makes sure no permission or license from any third party is needed for the use of documents, data and/or materials on the Platform.
- The agreement will be executed on the basis of the information that is provided by the Cause. The Cause is responsible for the authenticity, accuracy and quality of the information they provide.
- The Cause needs to adhere to all national and international laws and regulations relating to Causes and Fundraising at all times.
- The Cause is obligated to spend all the funds received through OceansXs activities as is laid out in its statutes, regulations or personal description.
- In case the Cause does not adhere to obligations mentioned in this article, this can never lead to default on the part of OceansX and OceansX can never be held liable for the consequences of the violation.
- All donations from Users that are donated to the Cause via the Platform, will be received by the Stichting OceansX. The Stichting OceansX will pay out the relevant amount to the Cause. The Foundation aims to optimally facilitate the financing, development, realization, management and marketing of projects, products, services and movements that unfold human potential around social themes.
- The donations will be made by an External Payment Processor (Mollie Payments). The costs for using the payment system are mentioned in https://www.mollie.com/en/pricing.
- OceansX charges 10% platform fees, to compensate for the services provided to the Cause and use of the Platform.
- Donations are paid to the Cause when a withdrawal request is submitted and the minimum withdrawal amount of 1000,00€ been reached. The Cause will be asked via email to provide a bank account to which the donations will be transferred.
- The Cause can view all transactions in the OceansX account in order to verify the correctness of the payment.
- Donations are irrevocable.
- If it turns out that a payment by OceansX has been made without a legal basis, then this payment is immediately due to OceansX and the Cause is obliged to refund the amount after the first notification.
- OceansX is authorized to use another payment system without giving reasons, even if this means the cost structure will change. OceansX will inform the Cause of this immediately.
- OceansX is not liable for damage that has arisen from a (partial) failure of the External Payment System.
Personal Data and Privacy
- If a Cause or User registers on the Platform, it will be asked to enter (personal) data, for example the personal data of the authorized representative or person data of the Cause itself, if it concerns a natural person.
- The personal data OceansX collects is needed to perform the agreement in a correct way. We only ask you to fill in personal data that we need to register the Cause, or register as a User and to perform the OceansX services.
- OceansX respects the privacy of the Causes and Users. Personal data necessary to complete the registration, are treated confidentially and only shared with third parties, to the extent that is necessary to execute the agreement (for example our External Payment Provider). Processing of the personal data takes place in accordance with the European General Data Protection Regulation.
- Names of Users that donated to a Cause may be visible for this Cause if the Cause has opted to show contributors for their Cause, unless a User has made an anonymous donation. As a recipient of these personal data, the Cause is regarded as a data controller within the meaning of the General Data Protection Regulation. The Cause guarantees that it deals in a responsible manner and in accordance with European privacy legislation with personal data made available to them (name and surname). Personal data made available, may not be used for commercial purposes.
Intellectual Property Rights
- The intellectual property rights that each party makes available in order to execute the agreement stay with the owner or with the third party that gave the right to use it to the owner.
- Both parties only have a right of use of this intellectual property that is not exclusive and not transferable, unless explicitly agreed otherwise.
- The right of use means that Users of the Platform have the possibility to share the Cause’s intellectual property rights via for example social media channels.
- OceansX is authorized to edit the Cause’s images or logos if this improves the quality and usability.
- The Cause indemnifies OceansX against claims from third parties relating to intellectual property rights on files, data and/or materials placed on the Platform by the Cause or supplied to OceansX.
Intellectual property rights OceansX
- If the User uses the Platform, it is prohibited from:
- installing the Platform on a device that does not belong to the User;
- making the Platform available to a (peer to peer) network or otherwise making it available.
- giving out a sub permission to the use of the Platform;
- adjusting the Platform, uncovering the source code and/or creating works derived from the Platform.
- All intellectual property rights related to the content and lay-out of the Platform lie with OceansX or our licensors. Copying, distributing and any other use of these materials is not allowed without explicit written consent from OceansX, except when the law says otherwise.
- It is not allowed to include web pages or individual elements (such as images, videos or interactive applications) from the Platform in a frameset or to process them via another webpage, if the origin of the materials is not clearly stated.
- It is explicitly not allowed to download, copy, amend, or make public these documents, programs and/or materials, or use them for direct or indirect commercial purposes or any other purpose other than the purposes mentioned above, unless OceansX or the relevant rights holder has given permission. For instance, it is not allowed to request or re-use substantial parts of the Platform or without prior written consent from OceansX or to request or re-use non-substantial parts of the Platform as intended in the Dutch Database Protection Act.
- It is not allowed to delete, make unreadable, hide or amend any notices or mentions in relation to intellectual property rights.
Uploading information / making information available
- User guarantees that documents, data and/or materials that the User makes available are not in violation of the law and do not violate the rights of third parties, such as intellectual property and/or privacy rights. User makes sure no permission or license from any third party is needed for the use of documents, data and/or materials on the Platform.
- By making data, documents and/or materials available to OceansX (this includes uploading it to the Platform), the User acknowledges and agrees a free, unencumbered, worldwide, (sub)transferable non-exclusive license to OceansX to:
- use, multiply, spread and make public the documents, data and/or materials in relation to the OceansX service;
- to use and multiply (and allows third parties to use and multiply) the documents, data and/or materials in whatever media for marketing and/or promotional purposes in relation to the OceansX service;
- grant the right to delete any documents, data and/or materials that have been made available from the Platform, intentionally or unintentionally, for whatever reasons and without giving reasons, without creating liability in any way on OceansX’s part towards the User or a third party as a result of such a deletion.
- Donations from Users donated to the Cause via the Platform are received into the bank account of Stichting Mollie Payments. To ensure payout to the Cause, donations are paid to the Cause from an escrow bank account and separate entity. In the unlikely event of bankruptcy, no claim on the Donations can be made by the creditors.
- OceansX’s liability towards the Cause, of any kind whatsoever, is limited per event (in which a related series of events counts as one event) to the fees that have been paid to OceansX by the Cause.
- OceansX’s liability towards the User, of any kind whatsoever, is limited per event (in which a related series of events counts as one event) to the amount the User donated to OceansX.
- The previous paragraphs of this article does not apply if and when the said damage has been caused by an event that is the fault of the Cause or User.
- Under any circumstances, OceansX’s liability is limited to the direct damage to the Cause or User.
- OceansX is never liable for damage (including missing out on income for the Cause) that arises due to the (partial) lack of functioning of the Platform or Parts of the Platform that lead to a decrease in income for the Cause.
- OceansX has the right to reverse any damage to the Cause or User to reverse it by repairing or improving the activities if and when possible.
- Neither the Cause nor OceansX are bound to meet one or more obligations in case they are not able to as a result of force majeure. Examples of force majeure include a non-attributable shortcoming of third parties and any situation which the relevant party does not have a (final) say.
- Force majeure includes situations in which there is interrupted and/or blocked access to the Platform as a result of technical difficulties in the data, communications, operations of other Users or situations of non-fulfillment that arise from activities or omissions by the Cause.
- If and insofar the execution of the agreement leads to confidential information going from one party to another, this receiving party will only use this information to execute the agreement and limit the access to this information to persons that need to have this knowledge to fulfill their tasks. Parties ensure that these persons are bound to treat this confidential information in a confidential manner through an employment contract or non-disclosure agreement.
- Information that was already public at the time the receiving party received the information or that was given to the receiving party by a third party as well without that third party imposing a confidential obligation, is not considered confidential information.
- In the case of a (provisional) suspension of payment, bankruptcy, cessation or liquidation of the Cause, OceansX has the right to partially or entirely terminate the contract without the other party being liable.
- In case one of these parties does not fulfill the obligations within the agreement in an adequate and timely manner, this party will be in default and the other party has the right to terminate the agreement in part or in full without any notice of default, leaving the other rights of the terminating party in full force and effect and without any liability by the terminating party.
- In the case of a termination as described in paragraph 2 or paragraph 3, all claims by the terminating party will be claimable by the other party immediately. The other party is obligated to take the necessary measures, so the terminating party can give effect to their rights.
- In case of a termination or cancellation as meant in this article, the following obligations will continue until after the end of the agreement as long as the parties can reasonably be expected to make a claim to their effect:
- due payments;
- intellectual property rights;
- OceansX can involve third parties to execute this agreement at their own discretion, provided he ensures that these third parties are subject to the same contractual obligations in relation to confidentiality and privacy as the Cause and it does not affect the contractual obligations of OceansX towards the Cause.
- All amounts mentioned in these Registration Conditions are subject to future price changes.
- If a provision in this Agreement requires that a notice must be made “in writing”, it is also fulfilled if the notice is sent by email.
- Dutch law applies to these Registration Conditions. If a dispute arises, OceansX and Cause will endeavour to reach an amicable solution. If no solution can be found, disputes arising from this agreement will be submitted to the competent court in Haarlem or Amsterdam, according to OceansX’s choice, unless otherwise determined by mandatory law.