GET IT DONE.

Updated: 05-11-09

The CHERUTO FOUNDATION’s handling of your personal information is governed by the laws of the Netherlands and the European Union.

If you have any questions regarding our privacy policy, please email: info@getitdone.org

When you contact THE CHERUTO FOUNDATION regarding our activities, register on the Website, use the widget, send or receive information or make a donation through the Website, you provide us with personal information:
- When you provide us with personal data, such as your name or email address, you consent to the collection and use of this information for a specified purpose.
- In order to process financial transactions, we will ask you for your name and email address. All financial transactions will be completed by third party partners, who may require additional information from you, including bank and credit card details, as well as registration on their website. THE CHERUTO FOUNDATION shall not be responsible for the security of information collected by third party partners.
- When you supply information such as your name, email address or other personally identifiable information to us, we are legally obliged to ensure that we only use this information for the purpose for which it was requested, and to ensure that it is kept securely.

We may pass your personal information to our partner organizations for use in THE CHERUTO FONDATION related activities. If you give us your consent, we may share your personal information with other related organizations which share the aims and objectives of THE CHERUTO FOUNDATION. We may also need to disclose your information if required to do so by law.

The GET IT DONE platform makes use of 'cookies'. Cookies are pieces of information that are sent to your computer by THE CHERUTO FOUNDATION when you visit the Website or use the widget. They are stored on your computer's hard drive, allowing us to recognise you as a user when you next visit the website. If you do not wish cookies to be stored on your personal computer, it may be possible to disable this function without affecting your navigation around the site. You may find more detailed information on disabling cookies by consulting the website of the manufacturer of your web browser software.

If you have a username or a log in for our Website, you may review your personal information at any time by signing in at the Website and visiting the My Projects page.

If any of your personal information changes or you find that our records are out of date, you agree to update this information promptly on your My Projects page.

When you register on the Website, you are stating that you are over 18 years of age or are a minor acting with parental consent. You agree that any information you provide to us about yourself upon registration or at any time is true. See the General Conditions for more information.

We will retain your personal information for the minimum period required by law. However, any content that you have created and posted to the Website will remain online indefinitely at our sole discretion; unless it violates our policy as specified in our General Conditions or we are required to remove it by law.

We cannot be held responsible for the privacy of data collected by websites not owned or managed by the THE CHERUTO FOUNDATION.

THE CHERUTO FOUNDATION reserves the right to change this Privacy Policy at any time by posting changes online. You agree to review this agreement periodically to ensure you are aware of any changes. Your continued use of the Website after any changes are posted means you agree to be legally bound by the Privacy Policy as updated and/or amended.

You may ask us at any time to remove your profile, email address or name and address from any future mailings or database, by sending us an e-mail. Please send your request, showing your full name and address to info@getitdone.org

Updated: 05-11-09

1. Definitions

General Conditions: general conditions of the Cheruto Foundation with respect to the GET IT DONE platform, including the Special Conditions;
Cheruto Foundation: the foundation organised under Dutch law and registered in the commercial register of the Dutch Chamber of Commerce under the name "Stichting Save Cheruto" (Cheruto Foundation) and under number 27 31 29 13, having its registered office at Van Keulendreef 51, 2661 ST, Bergschenhoek, the Netherlands;
GET IT DONE: name of the GET IT DONE platform, an on line platform for small-scale development aid projects. In this document: all references to GET IT DONE will automatically assume THE CHERUTO FOUNDATION as its official legal name and status;
Member: Users of the platform with a user name and password for the THE CHERUTO FOUNDATION website (=member login); these include, but are not restricted to, Movers and Makers;
Platform: The combination of the GET IT DONE website, the GET IT DONE widgets, the GET IT DONE back office and the GET IT DONE online social network profile pages;
Privacy Statement: the privacy statement of THE CHERUTO FOUNDATION as can be found on the GET IT DONE Website;
Project: any planned humanitarian activity, specified in terms of goals, method, target population, a clear beginning and end, budget and location, that, on the basis of the Project Agreement, has been or will be placed on the platform by THE CHERUTO FOUNDATION;
Project Agreement: the agreement between THE CHERUTO FOUNDATION and the Maker of the project on the basis of which THE CHERUTO FOUNDATION provides the project with a project page, a project widget and a project specific profile page on an existing on line social network (OSN);
Project Budget: the total budget in euros that the Cheruto Foundation and the Maker of the project agree to be required to realise the Project;
Mover: Initial supporter of a project. Has special status and privileges on the platform, as specified in the section 'Special Conditions THE CHERUTO FOUNDATION - Mover';
Maker: The legal or private person that has signed the project agreement;
Shaker: anyone who currently has a project widget on their personal profile page of an existing on line social network and/or has donated to a project;
Project Page: the page on the GET IT DONE website on which information about the project is presented to the users of the website;
Project Widget: a project specific widget;
Special Conditions THE CHERUTO FOUNDATION - Mover: the special conditions that apply to the (legal) relation between GET IT DONE and the Mover;
Special Conditions THE CHERUTO FOUNDATION - Maker: the special provisions that apply to the (legal) relations between GET IT DONE and the Maker;
User: anyone who uses the website and/or widget, in whichever manner, including though not limited to the Mover, Maker and the Shaker;
Widget: mobile mini-website based on API-technology that is provided by THE CHERUTO FOUNDATION to all projects;
Website: the GET IT DONE website with Uniform Resource Locator (URL)
www.getitdone.org or any other URL indicated by GET IT DONE.

2. Applicability

2.1 By using the website and/or widget, in any way whatsoever, the user accepts to be legally bound to these General Conditions. These General Conditions furthermore apply to all applications, offers, assignments and agreements of THE CHERUTO FOUNDATION, with respect to the website and widget. General conditions of users are specifically rejected.
2.2 THE CHERUTO FOUNDATION is entitled to amend these General Conditions at any time without notifying the User of this. It is the User's responsibility to remain informed about the changes made by THE CHERUTO FOUNDATION. The most recent version of the General Conditions will be available on the website. If the user continues the use of the website after one or more amendments to these General Conditions, this implies that the user irrevocably accepts this (these) amendment(s).
2.3 These General Conditions consist of:
- a general part that applies to the (legal) relations between THE CHERUTO FOUNDATION and the user; and
- a part that specifically and solely applies to the (legal) relations between THE CHERUTO FOUNDATION and the Maker; and
- a part that specifically applies to the (legal) relations between THE CHERUTO FOUNDATION and the Mover; and
- a part that specifically applies to the (legal) relations between THE CHERUTO FOUNDATION and the Shaker.
2.4 These General Conditions are drawn up in the Dutch and English language. English words used in these General Conditions intend to describe Dutch legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.
2.5 Deviations from these General Conditions are only binding if and in as far as they are confirmed in writing by THE CHERUTO FOUNDATION.
2.6 If one or more provision(s) of these General Conditions are nullified, declared void, or prove to be invalid, the remaining provisions will continue to apply in their original form.

3. Use of the Platform

3.1 The user guarantees that (s)he is authorised to make use of the services offered by THE CHERUTO FOUNDATION and that (s)he will act in accordance with these General Conditions, and if applicable, the Special Conditions. The user furthermore guarantees that (s)he will at all times perform the obligations under these General Conditions and if applicable the Special Conditions and that (s)he will observe all laws and regulations governing the use of the website and the widget.
3.2 Without prejudice to the other provisions of these General Conditions, the actions and/or activities carried out by the user, relating to THE CHERUTO FOUNDATION, the website and/or the widget may not:
(a) infringe the rights of THE CHERUTO FOUNDATION and/or third parties, including intellectual property rights, such as (but not limited to) copyrights, database rights, neighbouring rights, trademark rights and patents, or rights relating to the protection of privacy;
(b) infringe any law, regulation, bye law or any other applicable regulation;
(c) contain viruses, Trojan horses, worms, bots, or other programmes that may damage, harm, delete, or otherwise render inaccessible and/or useless any authorised work or data;
(d) be based on lies and/or be misleading;
(e) be of a commercial nature, unless THE CHERUTO FOUNDATION has given prior written approval; or
(f) in any other manner be unlawful towards THE CHERUTO FOUNDATION and/or a third party.
3.3 Nothing in these General Conditions, the website and the widget is meant to transfer any intellectual property rights and/or grant any intellectual property rights to the user. The use the user may make of the website and/or the widget is limited to what has been described in these General Conditions.
3.4 It is not permitted to remove, make illegible, hide, or change any notices or statements relating to intellectual property rights.

4. Uploading Data

4.1 Under the conditions provided in these General Conditions and the Special Conditions, the user in principle keeps the copyrights and other intellectual property rights (s)he owns with regard to files (s)he makes available via the website and the widget to the users of the website and the widget.
4.2 The user acknowledges and agrees that by making files, data and/or materials available to THE CHERUTO FOUNDATION (in these General Condition this refers among others to: uploading them), the user automatically grants THE CHERUTO FOUNDATION:
(i) a royalty-free, unencumbered, worldwide, non-exclusive license, to
(a) use, reproduce, distribute and publicise the files, data and/or materials, in connection with the service of THE CHERUTO FOUNDATION; and
(b) use, reproduce (and allow third parties to use and reproduce) the files, data and/or materials, via any medium, for marketing and/or promotional purposes in connection with the service of THE CHERUTO FOUNDATION;
(ii) the right to remove intentionally or unintentionally and for whatever reason and also without any given reason from THE CHERUTO FOUNDATION servers and from the website and the widget any files, data and/or materials, made available by the user, without THE CHERUTO FOUNDATION becoming to the user or a third party in any way whatsoever as a result of such a removal.
4.3 The User acknowledges and agrees that the files, data and/or materials that (s)he has made available to THE CHERUTO FOUNDATION will be used by other users of the website and the widget. THE CHERUTO FOUNDATION does not accept any liability for the compliance by the users of the website and the widget with these General Conditions. The user therefore acknowledges that the possibility exists that the files, data and/or materials made available by him/her to THE CHERUTO FOUNDATION are used by third parties in a manner that is contrary to these General Conditions or any legal provision or other unlawful act of third parties in relation to the files, data and/or material made available by the user.
4.4 The user guarantees that (s)he is fully entitled with regard to the files, data and/or materials as meant in article 4.2 and that (s)he is fully entitled and authorised to grant the license as meant in these General Conditions. The user indemnifies THE CHERUTO FOUNDATION and all affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against all claims resulting from him/her acting contrary to these General Conditions. A ll costs incurred and damages suffered by THE CHERUTO FOUNDATION that any way shall be at the expense of the User.
4.5 Prohibited files, data and/or materials.
The user is not allowed to make available via the website and the widget any files, data and/or materials (it being at the sole assessment of THE CHERUTO FOUNDATION):
(a) that ask personal data of minors; and/or
(b) that make personal data available; and/or
(c) that ask for passwords or other information that can be traced to persons for commercial or illegal purposes; and/or
(d) that are discriminatory as to appearance, race, religion, gender, culture, origin or may otherwise be called offensive; and/or
(e) that incite to violence against and/or harassment of another person or other persons; and/or
(f) that may lead to, or are the result of, exploitation or abuse of others; and/or
(g) that, in the reasonable judgment of THE CHERUTO FOUNDATION, are contrary to public morality or good taste, are violent or contain a link to pornographic material or pornographic websites or include pornographic or erotic material; and/or
(h) that involve commercial activities without prior written approval of THE CHERUTO FOUNDATION, such as advertising lotteries, contests or pyramid games; and/or
(i) that encourage or commit the performance of illegal activities; and/or
(j) that involve chain letters, junk-mail or spamming; and/or
(k) that include a photograph or image of another person without that person's consent; and/or
(l) that infringe intellectual property rights of others; and/or
(m) that infringe any law, regulation, bye law or other applicable regulations, or these General Conditions.

5. Liability

5.1 THE CHERUTO FOUNDATION cannot be held liable in any way whatsoever for the implementation, financing, budgeting, spending of money donated for the project, monitoring, evaluation and follow-up of projects.
5.2 To the extent permitted by law, THE CHERUTO FOUNDATION (which in this case includes companies, officials, and employees related to THE CHERUTO FOUNDATION) hereby excludes any liability for any type of damage, direct and/or indirect, which in any manner originated from and/or resulted from the use of the website and the widget or another site which is linked to the website and the widget.
5.3 Without prejudice to the foregoing, THE CHERUTO FOUNDATION more specifically shall not be liable for whichever damages, that are in any manner caused by and/or a result of:
- actions carried out by the user, that would have been inspired by the information placed on the website and the widget; and/or
- the inability to use the website and the widget; and/or
- the fact that certain information on the website and the widget is incorrect, incomplete, or not up to date; and/or
- the manner in which Makers, Movers or other users make use of the services and/or equipment and similar provisions offered by THE CHERUTO FOUNDATION. Makers, Movers or other users shall specifically indemnify THE CHERUTO FOUNDATION against claims by third parties that relate to the content of the files, data, and/or materials supplied by them which THE CHERUTO FOUNDATION makes available on the website and the widget.
5.4 In case THE CHERUTO FOUNDATION, as a result of a shortcoming for which THE CHERUTO FOUNDATION is accountable, is nevertheless liable, the liability will at all times be limited to the direct property damage that is in direct connection to the shortcoming. In any case, THE CHERUTO FOUNDATION will never be liable for consequential damage, including but not limited to pure financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the services rendered by THE CHERUTO FOUNDATION and/or the use of the website and the widget.
5.5 Insofar THE CHERUTO FOUNDATION, as a result of a shortcoming for which THE CHERUTO FOUNDATION is accountable, is nevertheless liable, this liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the donated money that has actually been donated by the user to THE CHERUTO FOUNDATION in the current calendar year.
5.6 This restriction of liability does however not mean that THE CHERUTO FOUNDATION excludes any liability for intent and/or gross negligence on the part of THE CHERUTO FOUNDATION itself.

6. Privacy

By using the website and/or the widget the user is bound by the Privacy Statement.

7.Third parties

7.1 It is possible that the website and the widget contain applications, files, data, and/or materials and services of third parties and/or links to websites of third parties ("Content of Third Parties"), for example by means of a hyperlink, banner, or button. The inclusion or availability of Content of Third Parties on the website and the widget does not imply that THE CHERUTO FOUNDATION has approved and/or checked this Content of Third Parties. THE CHERUTO FOUNDATION is not responsible for the content or manner of operation of Content of Third Parties or for any use thereof by the users of the website and/or the widget.
7.2 For products or services offered by third parties, the applicable terms and conditions of those third parties apply.

8. Services

8.1 In addition to the other (legal) remedies that are at the disposal of THE CHERUTO FOUNDATION, THE CHERUTO FOUNDATION is entitled to restrict the activities of the user in connection to the website and the widget, to discontinue and/or remove the account of a user to remove files, data and/or materials, to inform the other users of the website and the widget of the activities, to send out a warning and refuse to provide services to the user, particularly but not limited to, in the event that:
- the user acts in violation with these General Conditions and/or in violation with the Special Conditions; - THE CHERUTO FOUNDATION is not capable to verify or identify certain data that the user provides to THE CHERUTO FOUNDATION; - THE CHERUTO FOUNDATION is of the opinion that the actions of the user may harm him/herself, other users, or THE CHERUTO FOUNDATION;- THE CHERUTO FOUNDATION is of the opinion that the actions of the user may result in liability for him/herself, for other users, or for THE CHERUTO FOUNDATION.
THE CHERUTO FOUNDATION will not have any liability whatsoever in this respect.
8.2 THE CHERUTO FOUNDATION is entitled without prior notification and without justification, to temporarily or permanently render the service unavailable or to limit the use thereof or to terminate the services altogether and this will not result in any right for damages towards THE CHERUTO FOUNDATION.
8.3 THE CHERUTO FOUNDATION does not guarantee that the service of THE CHERUTO FOUNDATION will be available at all times, without interruptions or breakdowns.

9. Donations

9.1 Via the project widget and on the project page users can donate funds for the benefit of a project to THE CHERUTO FOUNDATION.
9.2 After completing the project budget and under the conditions mentioned in the Project Agreement, THE CHERUTO FOUNDATION shall transfer the donations to the Maker for the project it manages or supports.
9.3 THE CHERUTO FOUNDATION reserves the right not to place the project on the platform or to temporarily, or permanently remove the project from the platform if:
(a) the Maker of the project is acting in a manner conflicting with the General Conditions (as judged by THE CHERUTO FOUNDATION); and/or
(b) the Maker of the project does not fulfill the obligations as laid out in the Project Agreement (as judged by THE CHERUTO FOUNDATION);
(c) facts or circumstances are revealed with regard to the project and/or the Maker which, would THE CHERUTO FOUNDATION have been aware of such facts or circumstances at the time of entering into the project agreement, could have led to a reason for THE CHERUTO FOUNDATION not to enter into the project agreement.
9.4 In case the Project is on hold or cancelled on the platform, the Maker of the project is neither entitled to the funds that have been acquired by THE CHERUTO FOUNDATION for the project, nor to any compensation or damages. (See Special Conditions THE CHERUTO FOUNDATION Project Applicant/Maker.)
9.5 In case of cancellation of the project before the funding has been completed, the funds raised by the Shakers will be allocated by GET IT DONE to other projects on the platform. In such a case THE CHERUTO FOUNDATION will seek to notify said Shakers about the allocation of their donations.
9.6 In case of a cancellation of the project by THE CHERUTO FOUNDATION after the project execution has started, the funds raised by the Shakers will be allocated by GET IT DONE to other projects on the platform. In such a case THE CHERUTO FOUNDATION will seek to notify said Shakers about the allocation of their donations.
9.7 Articles 175 to 188 of Book 7 of the Dutch Civil Code regarding donations apply to the legal relations between THE CHERUTO FOUNDATION and the Shaker(S).
9.8 In accordance with article 7;175, subsection 2 of the Dutch Civil Code, a donation made by the Shaker to THE CHERUTO FOUNDATION counts as accepted, when THE CHERUTO FOUNDATION, after acknowledgement of the donation, has not rejected this donation to the suspension of all other business.
9.9 The deposited donations cannot be reclaimed, in accordance with article 46a to f of book 7 of the Dutch Civil Code, department 9A: Agreements from a distance.

10. Other Provisions

These General Conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute resulting from or arising in connection with these General Conditions shall be exclusively submitted to the competent courts in Amsterdam, the Netherlands.

11. International Use

The website and the widget are controlled and operated from within the Netherlands. THE CHERUTO FOUNDATION makes no representation that the website and the widget are appropriate or available in locations outside the Netherlands. Those who choose to access the website and the widget from other locations do so at their own risk and are responsible for compliance with applicable laws.

12. Protection of Children

If a user is younger than sixteen (16) years of age, (s)he should obtain the consent of his/her parents or guardian to donate to a project or create a login. By accepting these General Conditions, the user guarantees that (s)he is either over sixteen (16) years of age, or has the consent of his/her parents or guardian to use the platform. Any information we receive from users we believe to be under the age of 16 without his/her parents' consent will be purged from our database.

13. Entire Agreement The General Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between the user and THE CHERUTO FOUNDATION. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these General Conditions and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these General Conditions will be posted on the platform or sent to you via e-mail. All changes are effective upon posting to the platform. Your continued use of the platform following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these General Conditions are unacceptable to you, you must discontinue use of the platform. THE CHERUTO FOUNDATION reserves the right to suspend or deny, in its sole discretion, your access to all or any portions of the platform, including any violation of any provision of these General Conditions. THE CHERUTO FOUNDATION also reserves the right to change the platform without notice to you, at any time.

Updated: 27-01-10

1. Special Conditions – Project Applicant and Maker

1.1 Project Application and Project Selection

1.1.1 A project applicant or Maker should be at least 18 years of age and sound of mind.
1.1.2 The project applicant or Maker guarantees to THE CHERUTO FOUNDATION that the information provided by the applicant or Maker to THE CHERUTO FOUNDATION is complete, truthful, up to date and accurate, including the personal details of the project applicant or Maker such as his/her name and email address.
1.1.3 The project applicant or Maker guarantees to THE CHERUTO FOUNDATION that (s)he keeps THE CHERUTO FOUNDATION informed of any changes related to the project application after submitting the project application.
1.1.4 The Project applicant or Maker is personally responsible for keeping the password of his/her account confidential to others and shall not grant others access to the services of THE CHERUTO FOUNDATION by using his/her account.
1.1.5 In the period prior to the moment the Maker of the project notifies THE CHERUTO FOUNDATION of any unauthorised use, the Maker of the project is liable for the consequences of the fact that other(s) use the account of the Maker, with or without his/her consent or knowledge.
1.1.6 The items specified in the project budget should refer to costs that are directly linked to the implementation of the project.
1.1.7 Only a private or legal person can apply a project to THE CHERUTO FOUNDATION.
1.1.8 THE CHERUTO FOUNDATION decides whether a project is accepted on its platform, and this decision depends among others on:
a. if the project meets the following project criteria;
b. if the project complies with the conditions specified in the General Conditions and/or Special Conditions;
1.1.9 The applicant is legally bound to cooperate with THE CHERUTO FOUNDATION in providing project related information when requested by THE CHERUTO FOUNDATION.

1.2. Project Execution

1.2.1 The Maker is legally bound to follow the conditions and requirements specified in the project agreement.
1.2.2 The project fundraising takes no mor than 6 months to complete.
1.2.2 A project takes no more than 12 months to complete. This includes communication and project execution but not fundraising (see art. 2.2)
1.2.3 The required funds specified in the budget need to be directly related to the costs necessary for the execution of the project.
1.2.4 When THE CHERUTO FOUNDATION finds the project not to be in compliance with the conditions named in the General Agreement, Special Conditions or Project Agreement, then THE CHERUTO FOUNDATION has the right to refuse to place the project on the platform and/or to remove the project from the platform. THE CHERUTO FOUNDATION will inform the Maker of the project via email regarding its decision not to place the project on the platform or to (temporarily or permanently) remove the project from the platform. The decision of THE CHERUTO FOUNDATION is final.
1.2.5 The Maker is legally bound to cooperate with THE CHERUTO FOUNDATION in monitoring, evaluation and the follow-up of the project.
1.2.6 The Maker will keep the Shakers and the Mover informed of the project progress using the project’s OSN page.
1.2.7 The Maker is not allowed to use the platform to solicit for funds not specified in the project budget.
1.2.8 If the Maker has a website dedicated to the applied project, the Maker will place a link or banner with the GET IT DONE logo on his/her website.
1.2.9 THE CHERUTO FOUNDATION will make project specific information, relating to finance and distribution, available to Makers.

2. Special Conditions – Mover

2.1 An Mover is a private person and has to be at least 18 years of age and sound of mind.
2.2 The Mover guarantees to THE CHERUTO FOUNDATION that the information provided by the Mover to THE CHERUTO FOUNDATION is complete, truthful, up to date and accurate, including the personal details of the Mover such as his/her name and email address.
2.3 The Mover is personally responsible for keeping the password of his/her account confidential to others and shall not grant others access to the services of THE CHERUTO FOUNDATION by using his/her account.
2.4 In the period prior to the moment the Mover notifies THE CHERUTO FOUNDATION of any unauthorised use, the Mover is liable for the consequences of the fact that other(s) use the account of the Mover, with or without his/her consent or knowledge.
2.5 The Mover will use his/her OSN to promote his/her project on line.
2.6 The Mover will make the first donation to the project as part of submitting the project application as specified in the project criteria.