TERMS OF USE KINDER WORLD B.V.

I. Introduction

Welcome to Kinder. These Terms of Use govern all use of the website kinder-world.org (the “Website”) as well as all content and services available at or through the Website (our “Services”), including the provision of information about the needs of the world and what can be done about them, and the functionality that permits a donor (“Donor”) to make donations or a charitable organisation (“Organisation”) to accept donations. The website is owned and operated by Kinder Organisation B.V. (“Kinder”, “We” or “we”).

By using our Website and Services you accept these Terms of Use. Do not continue to use our Website and Services if you do not accept our Terms of Use.

Privacy

Kinder respects your privacy. Please read our Privacy Policy, which forms part of these Terms of Use. Our Privacy Policy contains information about the personal data we collect, use and store as well as your ability to control certain uses of it.

Cookies

We employ the use of cookies. By using our Website you consent to the use of cookies in accordance with our Privacy Policy. Most of the modern day interactive websites use cookies to collect user details. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for those people visiting.

II. Terms for Donors

Donating

Donating to an Organisation with Kinder is easy. You indicate that you want to donate to an Organisation, indicate the amount of money that you want to donate, leave your email address to receive a confirmation of your donation (optional), agree with these Terms of Use and the Privacy Policy of Kinder, and proceed with the payment through any of the offered transaction options. In case you have not provided us with your email address before payment, you get another opportunity to provide your email address to save your donation and start building your donor’s profile, and to receive a confirmation of this donation.

Donor information

Kinder will not disclose personal data of Donors to the Organisation. More information on how we handle your personal data can be found in our Privacy Policy.

Confirmation of your donation and donation summaries

In case you have chosen to provide us with your email address, you will receive an email from Kinder confirming your donation. From time to time, we will send you an email that summarizes all donations you have made through Kinder. This can help you to keep track of your donations and may be helpful for your tax preparations. Please understand that we cannot give you tax advice on the deductibility of any donation, or any other aspect of your taxes.

Fees

From each donation Kinder will normally deduct and collect (i) a “Kinder Fee” in the amount of maximum 10% of the donation and (ii) a “Transaction Fee” charged to Kinder by the Payment Processor Mollie B.V. consisting of a fixed amount in the range of € 0,08 - € 0,15 per payment and a percentage of maximum 1,1% for payments in Euros and maximum 2,6% + 2% exchange rate for payments in other currencies (depending on type of transaction used).
The Kinder Fee is to cover costs of development and maintenance of the Services, such as the Kinder World platform, the Donation Tools and the continuous vetting of the performance of Organisations. Kinder intends to lower the service fee over time as soon as economies of scale permit.

III. Terms for Organisations

Selection of Organisations

The Kinder World editing team, in its sole discretion, selects which topics will be covered in their articles and which Organisations will be provided with the opportunity to donate to. The selected Organisations need to pass the Initial Screening of the Kinder Vetting Framework and preferably score well on the other steps of the Kinder Vetting Framework.

Contact with Organisations

We get in touch with all (potential) Organisations before they are added to our Donation Tools. Organisations can indicate whether Kinder correctly shows the information about their Organisation and suggest adaptations.  

Fees

From each donation Kinder will normally deduct and collect (i) a “Kinder Fee” in the amount of maximum 10% of the donation and (ii) a “Transaction Fee” charged to Kinder by the Payment Processor Mollie B.V. consisting of a fixed amount in the range of € 0,08 - € 0,15 per payment and a percentage of maximum 1,1% for payments in Euros and maximum 2,6% + 2% exchange rate for payments in other currencies (depending on type of transaction used).  

Remittances are normally made once every month, with a minimum of € 100,- per remittance for organisations in SEPA scheme countries and €500,- for non-SEPA scheme countries (due to high transaction rates). If after 6 months the minimum amount is not achieved, the outstanding amount is remitted regardless of the height of the amount.

The Kinder Fee is a compensation for the benefit created by the publicity effect of Kinder enabling Donors to donate directly and to cover costs of development and maintenance of the Services, such as the Kinder World platform, the Donation Tools and the continuous vetting of the performance of Organisations. Kinder intends to lower the service fee over time as soon as economies of scale permit.

IV. Additional Terms

Intellectual property rights

Unless otherwise stated, Kinder and/or its licensors are the owner of all the intellectual property rights for all the materials on the Website consisting of logos of Kinder, Kinder World, the Kinder logo, and all other trademarks, service marks, graphics and logos (“Materials”).

You may view and/or print pages from the Website for personal use, subject to the following restrictions:

You are not allowed to:

• Republish Materials from the Website;

• Sell, rent or sub-license Materials from the Website;

• Reproduce, duplicate or copy Materials from the Website;

• Redistribute content from the Website

Any feedback, comments, or suggestions you may provide regarding Kinder or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we seem fit and without any (financial) obligation to you.

Communications

You shall ensure that your communication with Kinder is true and accurate and free from any indecent, obscene, offensive, defamatory or fraudulent content. You agree to indemnify Kinder for any losses, costs, expenses or liabilities which Kinder may incur as a result of your breach of this clause.

Links to other websites

Our Website may contain links to other websites that are not owned or controlled by Kinder. Kinder has no control over and assumes no responsibility for, the content, privacy policies, or practices of other websites.

Warranties

The Website and all information and content described and/or available on or through the Website are provided to you “as is.” Kinder hereby disclaims, to the extent allowed by law, all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Kinder does not make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

Kinder is not liable for any (indirect) damages, acts or omissions in connection with use of the Website,  the inaccessibility of the Website or the incompleteness or inaccuracy of the information on the Website, except for (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by its negligence; or (iii) any liability to the extent that the same may not be excluded or limited as a matter of applicable law.

You agree to indemnify and hold harmless Kinder from and against any and all third party claims and expenses, including attorneys’ fees and costs, arising out of your use of the Website, including but not limited to your violation of these Terms of Use.

Miscellaneous

If any part of these Terms of Use is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining portions will remain in full force and effect.

A waiver by either party of any term of these Terms of Use or any breach thereof, will not waive such term or any subsequent breach thereof.

Changes

These Terms of Use may be updated from time to time. We will notify you of any material changes to our Terms of Use by posting the new Terms of Use on our Website. You are advised to consult these Terms of Use regularly for any changes.

These Terms of Use were last updated on September 25th, 2018.

Contact Us

If you have any questions about these Terms of Use, please contact us here.

Kinder World B.V.
For the attention of: Legal Department
Singel 542, 1017AZ, Amsterdam
The Netherlands

Kinder Organisation B.V. is registered at the Dutch Chamber of Commerce under
nr. 84327111