Andan Foundation

Terms of Use

The Andan Foundation Website

Terms and Conditions of Use

  1. About our Terms

    1. These Terms explain how you may use this website which is provided by us free of charge.

    2. References in these Terms to the Site includes the following websites: https://www.andanfoundation.org/, and all associated web pages.

    3. You should read these Terms carefully before using the Site.

    4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

    5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

    6. If you have hello@andanfoundation.org we will use our best endeavours to respond to you within one working day of receipt of your email.

    7. Definitions

      Acceptable Use Policy

      means the policy, which governs your permitted use of the Site and which can be accessed by clicking here;

      Content

      means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

      IPR

      means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

      Site

      has the meaning given to it in clause 1.2 and includes all Content and all Source Code;

      Source Code

      means all software or computer source code which enables the Site to function;

      Terms

      means these terms and conditions of use as updated from time to time under clause 11;

      Unwanted Submissions

      has the meaning given to it in clause 5.1;

      We, us or our

      means the Andan Foundation, a Swiss non-profit public benefit organisation with its headquarters located c/o BDO, Kernserstrasse 31, 6060 Sarnen, Switzerland.

      You or your

      means the person accessing or using the Site or its Content.

    8. Your use of the Site means that you must also comply with our Acceptable Use Policy, where applicable.

  2. Using the Site

    1. The Site is for your personal use only.

    2. You agree that you are solely responsible for:

    3. all costs and expenses you may incur in relation to your use of the Site; and

    4. keeping your password and other account details confidential.

    5. You are responsible for compliance with any applicable local laws which apply to your use of the Site in the jurisdiction in which you access it.

    6. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at the email address set out in paragraph 1.6 above.

    7. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

  3. Your privacy and personal information

    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy which you can access here and which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

  4. Ownership, use and intellectual property rights

    1. This Site and all IPR in the Site are owned by us, our licensors or both (as applicable). In particular, but without prejudice to the generality of the foregoing, online donations via the Site are managed via embedded software developed and owned by Donorbox and Stripe. Information and terms regarding the ownership of this software can be found at the following links: https://donorbox.org/terms & https://donorbox.org/privacy (in respect of Donorbox) and https://stripe.com/en-GB/privacy (in respect of Stripe).We and our licensors reserve all of our and their rights in any IPR in connection with these Terms. This means, for example, that we and they (as applicable) remain owners of them and free to use them as we and they see fit.

    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

    3. Trade marks: The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

  5. Submitting information to the Site

    1. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

    2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

  6. Accuracy of information and availability of the Site

    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

    2. We may suspend or terminate operation of the Site at any time as we see fit.

    3. Content is provided for your general information purposes only and to inform you about us and news, features and other websites that may be of interest. It does not constitute advice or any other type of advice and should not be relied on for any purposes.

    4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

  7. Hyperlinks and third party sites

    The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.

  8. Limitation on our liability

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

      1. losses that:

        1. (a) were not foreseeable to you and us when these Terms were formed; or

        2. (b) that were not caused by any breach on our part

      2. business losses; and

      3. losses to non-consumers.

    2. Without prejudice to the generality of the foregoing, we will in no circumstances have any liability for any losses you might suffer arising out of your use of the facility to donate via the Site through the use of embedded software supplied to us under licence by Donorbox and Stripe. Use of that software is subject to the terms of use of Donorbox and Stripe respectively which can be accessed at the following links: https://donorbox.org/terms (in respect of Donorbox) and https://stripe.com/payment-terms/legal (in respect of Stripe)

  9. Events beyond our control

    We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  10. Rights of third parties

    No one other than a party to these Terms has any right to enforce any of these Terms.

  11. Variation

    These Terms are dated 25.04.2019. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  12. Choice of Law and Disputes

    1. Swiss law applies to these Terms.

    2. All disputes, whether of contractual or other nature, arising out of or in connection with these Terms shall be resolved, to the exclusion of the ordinary courts, by a sole Arbitrator. The proceedings, including the appointment of the sole Arbitrator, shall be conducted under the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution. The seat of the Tribunal shall be Zurich, Switzerland, and the language to be used in the proceedings shall be English. The decision of the Arbitral Tribunal shall be final.