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Terms of use

This website, www.splitagift.com, managed by Split-A-Gift B.V. (hereinafter, also referred to as: we, us/our) is an online platform that makes it possible for you to split your gift with a Charity of your choice.

This probably sounds familiar. You are organising an Event, for example, a birthday party, anniversary or a wedding. Your guests wish to give you a gift, and you would like to be be able to share a part of this with a charity. Split-A-Gift makes it possible for your guests to do this for you in one easy transaction. While you could always ask your guests to make a donation directly to charity, by using Split-A-Gift not only do you choose the Charity, but also how much of your gift you wish to share with the Charity. You could even elect to donate the entire Gift to the Charity of your choice.

This platform has simplified this process for you. These Terms of Use set out precisely how it works. You will also find more background information on our platform (for example under Frequently Asked Questions). We regularly update such information. By using our platform you accept these Terms of Use, regardless of whether you are a Host or a Guest who, when invited to an Event, receives an invitation to make a Donation/gift. We will request you to confirm acceptance of these Terms of Use with each new Event.

We may amend these Terms of Use at any time. The most recent version of these Terms of Use Split-A-Gift is dated: 1 May 2015.

This platform is managed by Split-A-Gift B.V., registered with the Chamber of Commerce under number 60687738 with its registered office in Amsterdam at the De Lairessestraat 145C (1075 HJ), email: info@splitagift.com; VAT number 854016326 B 01, bank account number Stichting Beheer Split-A-Gift NL08 INGB 0006 691615, registered with the Chamber of Commerce under number 61644404.

  1. How can you use Split-A-Gift as a Host?
    1. Anyone who is 16 years or older and who sympathises with a specific Charity may participate. If you are under the age of 16 you will first need the permission of a parent or legal representative.
    2. You can decide to use our platform in the context of an Event you are organising. It is also possible to use our services without necessarily organising an Event.
    Creating an Account
    1. If you would like to use our services as a Host, that is to say you initiate the use of our services, you will need to create an Account with us. In order to create your personal Account, we will ask you to provide some information, such as your name and email address. There are no costs involved in creating an Account.
    2. We will send an email confirming receipt of your request to creating an Account. For the protection of your data, you are required to protect your Account with a secure password. We would also advise you to use a secure computer and/or telephone (connection). If you have any reason to believe that your Account is being used by an unauthorised person, please inform us immediately per email.
    3. We are entitled to decline your Account request. In such case, we will inform you by email.
    4. You may use your Account only for communication relating to your Event and for receiving Gifts, which need to be donated partly or entirely to a Charity of your choice. It is not permitted to use your Account for commercial or other purposes.
    Creating an Event Page
    1. Once you have activated your Account, you can invite your Guests via an Event Page to both give you a gift as well as make a Donation - in the context of the Event you are organising - to the Charity of your choice on our platform. You will need to create an Event Page for each new Event. This Page is only intended for your Guests for that particular Event.
    2. On your Event Page you can inform your Guests about the Event (the reason for organising the Event, its date and location), the Charity to which you would like your guests to make a donation, and the allocation percentage (what percentage of their Gift will be a Donation to the Charity and what percentage of their Gift will be your Present. Via your Event Page, you can also share Content, such as information and photos, with your Guests.
    3. You need to include the Payment Deadline on your Event Page. This is the date before which your Guests need to transfer their Gift. Please follow the instructions shown when creating an Event Page.
    4. Up until the Payment Deadline, you may modify any information pertaining to your Event. The only information which may not be changed is your choice of Charity to support and the percentage of the split between your gift and donation for with that particular Event.
    5. As indicated, you as a Host determine the exact settings. You determine the allocation percentage (what Percentage of the Gift is paid as a Donation to your selected Charity and what Percentage, if any, is given to you as a Present). If you so choose, your Guests could of course donate their entire Gift to the Charity (100%), but you could also ask them to split the Gift fifty/fifty or to make another allocation of the Percentage. The Percentage that you choose to donate to the Charity can range between 5 and 100%. Only two rules apply: (i) at least 5% of each Guest's Gift must be given as a Donation to the Charity; and (ii) the minimum amount of each Guest's total Gift must be at least EUR 5.
    6. You can only choose one Charity per Event. If your desired Charity is not yet listed on the List of Charitable Organisations on our platform, please contact us by email. We will investigate the possibilities of adding your preferred Charity to our List.
  2. How to use our platform as a Guest?
    1. If you are invited to an Event, you can log onto the platform by using the login information you receive from your Host.
    2. For transferring your Gift, you are requested to follow the procedure laid down in the invitation for the Event. You will be requested to transfer your Gift to the bank account of Stichting Beheer Split-A-Gift.
    3. As soon as you have transferred your Gift as a Guest, a Gift Agreement will be established directly between you as a Guest and the relevant Charity, at least for the part related to making the Donation. Split-A-Gift and the Host are not parties to this Gift Agreement. A second Gift Agreement will be established directly between you as a Guest and your Host for the remaining part of the Gift intended as a Present for your Host. Split-A-Gift and the Charity are not parties to this agreement.
    4. We will ensure that Stichting Beheer Split-A-Gift transfers the Gifts received within two weeks after the Payment Deadline in accordance with the allocation percentage (Percentage) specified by your Host:
      1. The Donation will be transferred directly to the Charity; and
      2. The Present, if any, will be transferred to the Host.
      The Present (respectively the Donation, if 100% of the Gift is intended as a Donation) will be transferred after deduction of the Fees due to us, as indicated on our platform and in accordance with the procedure stated in Article 6 of these Terms of Use.
    5. When we have received your Gift, we shall inform your Host accordingly, stating your name and email address. We will also inform the Charity about your Donation, stating your name and email address and the amount of your Donation. We have agreed with the Charity that they can use your information only for the purposes of sending you a one-time email confirming the receipt of your Donation. This email from the Charity confirms payment of your Donation by Stichting Beheer Split-A-Gift to the Charity. You can also use the email for tax purposes. Donations may be tax deductible. We recommend that you contact the tax authorities for more information.
  3. Intellectual property and other rights
    1. All (intellectual) property rights in the platform, including its underlying software, are vested with us or our licensors at all times.
    2. As user (Host, Guest or otherwise), you shall not use our platform in a manner that could result in any infringement of (intellectual) property or other rights of third parties. You must always comply with our published User Guidelines, as modified from time to time on our platform, and applicable laws and regulations.
    3. You can also use our Notice & Take Down procedure to notify unlawful or criminal content on our platform.
  4. Personal data and cookies
    1. We will process your personal data in accordance with our Privacy Statement.
    2. Please refer to our Cookie Policy for the use of cookies.
    3. We are not responsible for the privacy and/or cookie policy of the Charity.
  5. Liability and indemnification
    1. Our platform has been set up with the greatest possible care. We do not warrant that our platform will be available at all times and that the information provided is complete, correct or up to date. We reserve the right to suspend, without any (prior) announcement, (parts of) the platform, temporarily or permanently, without you deriving any rights from this.
    2. We are not liable for (the accuracy of) the information provided on the List of Charitable Organisations, the Links to or content of the platforms of the Charity, the policy or other actions of these Charities, Content and/or other materials or statements that a Charity, you or a third party places or provides on our platform. Nor are we responsible for the organisation of the Event or activities related to it. We reserve the right to remove, without any (prior) announcement, certain information from the platform, regardless of who posted the information and whether or not a complaint or notification was made.
    3. The conclusion and execution of the Gift Agreement with a Charity is for the own risk and account of the person making the Donation. The same applies to the Gift Agreement that the Guest enters into with the Host. We are not liable for any damages resulting from the performance thereof, or the failure to perform or failure to perform properly of both Gifts Agreements, or (otherwise) any failure by a Charity or any other third party to meet a legal obligation.
    4. Our total liability is explicitly limited to the Fees received in respect of a particular Event. All stated limitations of liability shall cease to apply if the damage was caused by intent or gross negligence on our part.
    5. You shall indemnify us against all claims by third parties relating to or arising from the failure to perform your obligations or failure to perform your obligations properly towards us or any third party. You agree to indemnify and hold us harmless from any and all damages we suffer as a result of such claims.
  6. Fees
    1. We charge a small Fee for our costs, which are related to the transaction costs involved with payments and the costs for maintaining our platform. The amount of the Fees are listed on our platform and depends partly on the payment method chosen by your Guest for the transfer of the Gift.
    2. In principle, our Fees will not reduce the Donation made to the Charity, but will be set off against the part of the Gift given to you as a Present. However, if you have indicated that the Gift will be donated for 100% to the Charity, our Fees will be deducted from the Donation. We will instruct Stichting Beheer Split-A-Gift accordingly.
  7. Duration of the Services
    1. As a Host, you may use our services for an indefinite period.
    If the Event has taken place or is cancelled
    1. When the Event has taken place, or in any case after the Payment Deadline, the Event Page with the submitted Content will be available for you and (part of) your Guests for an indefinite period as long as your Account is still active. You can yourself decide to cancel the Event Page. We can also cancel the Event Page you have created. In such case, we will inform you by email. You are then required to inform your Guests about such cancellation.
    2. Should you decide to cancel the Event, we will ensure that the gift payments already made to our Stichting Beheer Split-A-Gift's account in connection with a cancelled Event will be transferred back to you. Payments (donations) which have been made and which are intended for the Charity, are non-refundable, and will still be transferred to the Charity even in the case of an event being cancelled. After such refund, we have no further responsibility for the possible consequences of the cancellation of the Event, and it is up to you to further coordinate this with your Guests. After you have notified us regarding the cancellation of the Event, you need to remove the Event Page yourself.
    If the Charity Organisation chosen by you is removed from the List of Charitable Organisations
    1. If we need to remove a Charity that you have chosen for an Event from our List of Charitable Organisations, we will inform you immediately, and you will need to choose a new Charity from our List. Donations that have already been transferred to the relevant Charity will not be refunded.
    Termination of the Account
    1. Notwithstanding any other provisions, your Account can be terminated with immediate effect by us or you without any reason. You can terminate your Account by choosing the option "Delete Account" within your Account. We can also terminate your Account via email, after which we will terminate access to your Account and all related Event Pages.
    2. After termination of your Account, these Terms of Use will remain applicable to any use of the platform and the (financial) settlement of the Gifts already transferred by Stichting Beheer Split-A-Gift.
  8. Applicable law and disputes
    1. These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands.
    2. Any disputes shall be adjudicated exclusively by a competent Dutch court.
  9. Contact
    1. If you have any questions regarding our platform and our services, you can reach us using the contact details listed on the platform.