Terms and Conditions — Cherries on Top

We are extremely grateful to everyone who organizes an action or event for Cherries on Top. Our mission is to help cure cancer! We want to raise lots of money so we can fund promising and ground-breaking cancer research. Cancer shouldn’t be a potential death sentence, but something that can be cured. All cancer sufferers should have a perspective on a healthy future. To ensure that your promotion or event matches our mission and objectives, we apply the following Terms and Conditions:

1. Code of Conduct

  • Your event is in line with our mission. This means that the event does not relate to cancer risk factors such as tobacco.
  • You are transparent about the amount that you raised for Cherries on Top. This amount must be transferred to Cherries on Top within 2 weeks after the end of your event via the platform.
  • You agree not to use this Platform/Website to:
    • Upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive;
    • Harm minors in any way;
    • Impersonate any person or entity, including, but not limited to, staff members and volunteers of Cherries on Top and their affiliates;
    • Collect or store personal data about other users of this Platform/Website that is of a personal nature;
    • Upload, post, email, transmit or otherwise make available any unsolicited material or advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters.

2. Participation in your event

You participate in your fundraising event at your own risk. It is your responsibility to comply with all legal requirements relating to your fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event or activity.

3. Use of Information Gathered

Cherries on Top places importance and emphasis on the confidentiality of an individual's private and sensitive information. Cherries on Top and/or people authorised by it may gather and process the information:

  1. which you may provide when accessing the Platform/Website, such as your name, address, email address and other personal information;
  2. posted by you on the Platform/Website; and
  3. regarding the way in which you use the Platform/Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Platform/Website.

The gathering and processing of information is for our charitable purposes generally including research and assessment purposes.

4. Parental consent

It is a condition of use of this Platform/Website that any person under the age of 18 conducting a fundraising event or activity be appropriately supervised by an adult. Where a child is under the age of 12 he or she must only operate the Platform/Website under the direct supervision of a parent or carer. We may refuse access to the Platform/Website to any person under the age of 18 until we receive permission from their parent or guardian.

5. Credit Cards and Refunds

You agree not to use an invalid or unauthorised credit card. Once a donation has been made, the transaction is final and refunds will not be given except where unauthorised use of a payment card can be proved. If you become aware of a fraudulent use of your card, or it becomes lost or stolen, you must notify your card issuer.

6. Use of Material on the Platform/Website

Unless indicated otherwise all information contained on this Platform/Website including text, images, graphics, audio and video clips and all intellectual property rights, including copyright, is owned by and proprietary to Cherries on Top. Except for the limited use set out the following paragraph, you may not reproduce, distribute, retransmit, upload, repost content or frame the material on the Platform/Website with other material on any other Platform/Website or make any other use of the Platform/Website, or the material contained on it, for any purpose.

Notwithstanding the above restrictions on use of the material on the Platform/Website, you may download material from the Platform/Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

7. Links to other Platform/Websites

Cherries on Top provides links on the Website to other Websites that are not under its control. It is not responsible for the contents of any linked Website, or any link contained in a linked Website, or any changes or updates to such Websites.

These links are provided for convenience of reference only and are not intended as an endorsement by Cherries on Top of the organisation or individual operating the Website.

8. Uploading information

You represent and warrant in relation to any material and/or information you provide to the Platform/Website that:

  • you are authorised to provide the material and/or information;
  • the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • the material and/or information is not a 'passing off' of any product or service and does not constitute unfair competition;
  • the material and/or information does not infringe any intellectual property right; and
  • the material and/or information does not infringe any legislation or regulations in any country where the material and/or information is or will be available electronically to users of this Platform/Website.

9. Licence to Use Intellectual Property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the intellectual property) on to the Platform/Website, you are granting Cherries on Top a perpetual, non-exclusive and payment-free licence throughout the world to:

  1. reproduce, use and exploit the intellectual property, as part of the Platform/Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Platform/Website is available to users, and sublicense others to do so;
  2. reproduce, use and exploit the content, material and information that you post onto the Platform/Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Platform/Website is available to users and sublicense others to do so;
  3. allow Cherries on Top to sub-licence others the same rights granted to Cherries on Top in (a) above.

10. Removal of Information

In relation to any material and/or information included on the Platform/Website, Cherries on Top may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification. Cherries on Top retains the right at all times, and at its sole discretion, to:

  1. Monitor, retain or disclose any information on the Platform/Website when necessary to satisfy any applicable regulations or legal process;
  2. Pre-screen, block or remove any content posted or uploaded by users of the Platform/Website which it considers inappropriate, including but not limited to, material that it considers may violate its Privacy Policy or these Terms and Conditions;
  3. Suspend your access to the Platform/Website and its services without notice to you if you fail to comply with these Terms and Conditions.

11. Disclaimer

Cherries on Top and its respective officers, employees and agents shall have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Platform/Website or the conduct of your fundraising activity. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Platform/Website and as a consequence of removing any material and/or information from this Platform/Website.

To the full extent permitted by law, Cherries on Top disclaims any and all warranties and guarantees, express or implied:

  • regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Platform/Website and/or of any linked sites;
  • regarding the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Platform/Website and/or on any linked sites; and
  • that the Platform/Website, or its server are free of software viruses, the operation of the Platform/Website will be uninterrupted or error free, or that errors and defects will be corrected.

Cherries on Top is not liable to you for defamatory, offensive or illegal conduct of any user of the Platform/Website, whether caused through negligence of Cherries on Top, its employees or independent contractors, or through any other cause.

12. Indemnity

You will at all times indemnify and keep indemnified Cherries on Top and its respective officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you; and publication of or distribution of the material and/or information supplied by you.

13. Governing Law and Jurisdiction

These Terms and Conditions and all other specific and additional terms which govern your use of and access to this Platform/Website will be governed by and construed in accordance with the laws of the Netherlands, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of the Netherlands and any court hearing appeals from those courts.