Terms & Conditions
Terms & Conditions
The Live is Life Foundation offers people the opportunity to start fundraising for an AED package within (one of) the active projects via its national fundraising platforms. The platforms are provided by the Live is Life Foundation. The Live is Life Foundation works together with national fulfilment partners for each participating country. iRaiser, the administrator of the website of the fundraising platforms, is also involved in this initiative.
These general terms and conditions apply to all promotions and donations via the Live is Life Foundation website.
Article 1 Definitions
See below a list of the definitions of terms.
AED: Automated External Defibrillator and the accompanying Outdoor cabinet necessary to mount, protect, and monitor the AED in a particular location;
AED Package: The package for which a Fundraising is initiated. Upon reaching the Target Amount, the AED Package is delivered by the Fulfilment partner to the Initiator;
Donor: the person or legal entity who makes a financial contribution to a Fundraising campaign via the Website;
Fulfilment: delivery of the goods and services from the AED Package to the Initiator by (one of) the Fulfilment partner(s);
Fulfilment partner: the legal entity, appointed by the Live is Life Foundation, that is responsible in the relevant country for the Fulfilment of a completed Fundraising Campaign;
Fundraising goal: see 'Target amount';
Fundraising campaign: the fundraising campaign that the Initiator initiates via the Website with the aim of making an AED Pack available for the specified location;
General Terms and Conditions: these general terms and conditions
Initiator: the person or legal entity that starts a Fundraising campaign;
iRaiser: iRaiser Group, located in Saint-Sébastien-sur-Loire, France, operator of the fundraising platforms (including the payment function) used for the website;
Live is Life Foundation: Live is Life Foundation, established in Venray, the Netherlands, provider of the Website;
Project: a project started by the Live is Life Foundation in which the Initiator can start a Fundraising campaign on the Website. For each Project, one (of the) Fulfilment partner(s) is responsible for the Fulfilment, this is clearly described per Project.
Outdoor cabinet: heated outdoor AED cabinet, MDR-compliant
Target amount: the amount that must be collected in order to be able to deliver an AED Package;
Toolkit: (a digital folder with) documents made available by the Live is Life Foundation that may be used by the Initiator to promote its Fundraising Campaign
Website: the fundraising platform on the website that is used in the respective country
Article 2 Applicability
• These Terms and Conditions apply to all aspects of a Fundraising campaign, including the creation of the Fundraising campaign, the promotion and the donations. They contain the terms and conditions of the agreement between the Initiator or Donor on the one hand, and the Live is Life Foundation on the other.
• The Live is Life Foundation can change these General Terms and Conditions at any time. The amended General Terms and Conditions are applicable from the date of publication on the Website. The Initiator or Donor agrees to the applicability of the amended General Terms and Conditions by using the Website after such publication.
Article 3 Initiative and promotion Fundraising campaign
• The Initiator can start a Fundraising campaign on the Website to which Donors can contribute.
• The Website may only be used to collect money for an AED Package within (one of) the Projects started by the Live is Life Foundation.
• The Initiator will follow the instructions of the Live is Life Foundation with regard to a Fundraising Campaign as much as possible.
• The Initiator is obliged to provide correct information.
• The use of the account is personal. The Initiator must keep his password secret.
• The Initiator is responsible for promoting the Fundraising Campaign and recruiting Donors. The Website offers a number of tools for this, such as the option to include texts to a campaign or to change photos, to share the campaign on social media or via a QR code and to keep interested parties informed by e-mail. The Live is Life Foundation also makes a Toolkit available for each Project.
Article 4 Target amount and donations
• The AED package can only be delivered after the required Target Amount has been achieved. The applicable Target Amount is stated on the Website. The applicable Target Amount will be immediately visible on the promotion page.
• The Initiator has a maximum of 90 days to collect the Target Amount. In consultation with the Initiator, it is possible to extend the duration of the Fundraising campaign by a maximum of two times (extensions of 30 days each). The Initiator can start a new Fundraising campaign after the end of a previous Fundraising campaign. This is possible regardless of the outcome of a previous Fundraising campaign.
• When the Target Amount is achieved, iRaiser ensures payment of the amount to the Live is Life Foundation. The Live is Life Foundation will skim €75 for financing the activities of the Live is Life Foundation and will transfer the remaining amount to the responsible Fulfilment partner for the relevant Project. The responsible Fulfilment partner for the relevant Project then delivers the AED Package to the Initiator. In addition, the responsible Fulfilment partner for the relevant Project will confirm the delivery of the AED Pack by means of an invoice. The Live is Life Foundation is responsible for providing the Initiator with payment of the invoice.
• If the Target Amount is not achieved, the Live is Life Foundation will contact the Initiator within 10 working days to discuss the options for providing part of the AED Package. If the Live is Life Foundation and the Initiator do not reach an agreement, all donations will be refunded to the Donors.
• When the Target Amount is exceeded, the Fundraising campaign will be completed. A surplus, for example because the last donation is greater than the remainder until reaching the Target Amount, will be refunded to the relevant Donor.
Article 5 Delivery, installation and maintenance of AED
• After achieving the Target Amount, the responsible Fulfilment partner of the Project concerned will supply the AED Package. The Live is Life Foundation will transfer the target amount to the Fulfilment partner so that they can proceed with delivering the goods and services. The Initiator will receive the goods and services afterwards, and will be contacted by the Fulfilment partner to make delivery arrangements on this.
• When starting the Fundraising Campaign, the Initiator also enters into an agreement with the responsible Fulfilment partner of the Project concerned, subject to the resolutive condition that the Target Amount is achieved within 90 days. These period can be extended to a maximum of two additional 30-day periods. The agreement between the Initiator and the Fulfilment partner for the relevant Project is subject to the terms and conditions and service and maintenance agreement of the Fulfilment partner for the relevant Project.
• The Initiator was able to take note of these terms and conditions and accepted them prior to concluding the agreement. The agreement between Initiator and the Fulfilment partner for the relevant Project, and the rights and obligations arising therefrom, can only be transferred by Initiator to third parties, with the written consent of the Fulfilment partner for the relevant Project. The Live is Life Foundation may also require that the Initiator, if he wishes, to transfer the agreement or put it in the name of a third party, or complete and/or sign certain transfer forms. In all cases, it is, and remains relevant that the AED from the AED Package must be and remain available for as many people as possible.
• The Initiator receives a delivery note and invoice from the Fulfilment partner. The invoice has already been paid by the Live is Life Foundation.
Article 6 Rights
• All intellectual property rights with regard to the fundraising platforms of the Live is Life Foundation, including copyrights, trademark rights, trade name rights and database rights, including those with regard to the Website, are vested in the Live is Life Foundation or its licensors.
• The Initiator (and where possible the Donor) may not use texts and images via the Website or perform other acts that infringe the rights (of intellectual property) of third parties.
• If and insofar as the Initiator himself has intellectual property rights to placed images and/or texts, he automatically grants a free, worldwide, irrevocable, sub-licensable and transferable license to Stichting Live is Life by making/uploading such content. to publish and reproduce them in the context of the relevant Project.
• It is not allowed to use texts or images in which the personal data of third parties (such as names, data about their health or images on which they are recognizable) are used without their permission or any other justification under the applicable privacy regulations.
Article 7 Reporting Abuse or Wrongful Acts
• In the event of a suspicion of abuse of an account, of an Fundraising campaign or of donations, or other unlawful acts in connection with a Project on the Website, the Initiator or Donor must report this to Stichting Live is Life as soon as possible by sending an e-mail to the Live is Life Foundation via firstname.lastname@example.org.
• The Live is Life Foundation is free to, in the event of a suspicion of abuse, unlawful act or act in violation of these terms and conditions, at its discretion, to (temporarily) discontinue its services, including by closing an account, prematurely terminating a Fundraising Campaign and having donations refunded.
Article 8 Liability
• With the Projects on the Website, the Live is Life Foundation wants to make as many fundraising campaigns as possible to make as many people as possible aware of the necessity of having an AED and resuscitation skills. Moreover, the Live is Life Foundation wishes to make as many AEDs as possible available in places and to train as many people as possible in resuscitation skills. The Live is Life Foundation does not charge any costs for making the Website available, conducting Fundraising Campaigns or for donations. The Projects do not aim to make a profit.
Article 9 Other
• Dutch law applies to these General Terms and Conditions. Disputes related to these General Terms and Conditions will be submitted exclusively to the competent court in the district of The Hague, unless another court is competent under mandatory law.
• For questions or comments, please contact email@example.com, or contact us by post: Keizersveld 52D, 5801AN, Venray, The Netherlands.