TERMS & CONDITIONS

TERMS & CONDITIONS

1. APPLICABILITY
1.1. These Terms and Conditions must be read attentively before registering on the Website or visiting the Website.
1.2. Barring explicit written consent for deviations, these Terms and Conditions are applicable to all contract relations between YOULCEE BVBA (VAT BE0641.924.422 – Schapenstraat 27, 2140 Antwerp) and the natural or legal person, who has appealed to YOULCEE BVBA’s services and has specifically used the website www.youlcee.com, hereafter referred to as the User.
1.3. By opening, looking at or using the Website, every User acknowledges to have read and understood the Terms and Conditions and the User accepts the applicability of the Terms and Conditions, including the Privacy Statement. The Privacy Disclaimer is an integrated part of the Terms and Conditions.
1.4.  In the case of infringement of the Terms and Conditions YOULCEE BVBA may discretionarily remove the Users data and decline the User further access to www.youlcee.com, without any claim to reimbursement on the part of the User.

2. DEFINITIONS
2.1. In the present Terms and Conditions are understood as:
- Website: the website www.youlcee.com, including possible mirror-sites and subdomains
- Visitor: each person that visits the Website without creating an account
- Registered Visitor/User: each person that visits the Website and has registered by creating an account (to be referred to as User from the moment of registration)
- Challenger: the person that has started a Challenge on the Website
- Challenge: a declaration of intent wherein the Challenger states to have the intent of executing a clearly defined activity within a period of time or has the intent to not engage in a certain behaviour for a set period of time.
- Sponsor: the person that donates money through the Donation Module to a Charity Project, providing the Challenger completes the Challenge on time
- Group-Admin: the person that has created and/or manages a Group Page on the Website
- Company-Admin: the person that has created and/or manages a page for a company on the Website
Charity Project: project that is presented by YOULCEE BVBA and/or the Challenger as a recipient of the earnings of a Challenge
- Charity Project Admin: the person that created and maintains a Charity Project webpage on the Website
- Event-organiser: the person that creates an event on the Website
- Content: all texts, pictures, videos, audio material and other information on the Website
- Services: the services provided by YOULCEE BVBA, as described in article 3 of the Terms and Conditions
- Donation Module: the online module that Sponsors use to make donations to Charity Projects registered on the Website
 
3. PROVIDED SERVICES
3.1.  Through the Website, YOULCEE BVBA offers a platform for individual persons to register and create a Challenge.Thereafter, Sponsors can donate funds through online donations. These funds will be transferred to the Charity Project - chosen by the Challenger and registered as a Charity Project on the Website - if and when the Challenge has been completed successfully. YOULCEE BVBA operates as intermediary and/or escrow-agent, under the terms specified in these Terms and Conditions.
3.2.  The online payment services used to donate on the Website are offered and covered completely by an online payment service provider, as specified in the Terms and Conditions. YOULCEE BVBA will in no way or form intermediate in the settlement of the donations with the online payment services offered by this third party. The online payment services are excluded from the offered Services. Therefore, YOULCEE BVBA can never be held accountable for possible damages or inconveniences caused by the online payment service.

4. REGISTRATION OF USERS
4.1.  The Visitor that wants to become a User needs to create a profile on the Website. In doing so the User has a choice between supplying a number of data, such as first name, surname, e-mail address, date of birth, country and sex, or registering through a social media profile, approved by the Website. A personal password is attached to the profile.
4.2.  The User will only fill in correct data. YOULCEE BVBA has no obligation to verify the data provided by the User. YOULCEE BVBA reserves the right to refuse registration or cancel registration in case of suspicion of fraud. No profile may be created using false information.
4.3. The personal data are collected to insure the correct execution of the Services and can be kept to guarantee the correct execution of the services provided by YOULCEE BVBA. By creating a profile, the registered User accepts that YOULCEE BVBA will save, use and process the personal data. The privacy disclaimer is applicable and considered to be an integral part of these Terms and Conditions. The User declares to have been notified of the Privacy Statement used by YOULCEE BVBA and to agree with the contents therein.
4.4. No profile may be created using a third party’s data. The submitted first name, surname, e-mail address may not be rude, provocative, contrary to morality, against the law or rights of third parties, including but not limited to intellectual property rights. .
4.5.  A profile is personal and non-transferrable. The User must treat the login data and password with confidentiality. The User is the only responsible person for the use of his login and password. To avoid a third party gaining improper access to a profile the User must log out of the website after every visit.
4.6. A User can change his profile at any time. A profile cannot be deleted but can be made anonymous.
4.7. A User that suspects improper use of his or another Users profile and/or identity will immediately notify YOULCEE BVBA in writing. In this case YOULCEE BVBA is authorised to take any measures deemed necessary to protect its rights and/or the rights of one or more Users. Every User shall consequently give their full cooperation.

5. PRIVACY AND COOKIES
5.1. YOULCEE BVBA respects the Users privacy and does not wish to abuse the Users confidence. For more information on the privacy policy and the usage of cookies on the Website, we refer to the ‘Privacy Disclaimer’. This statement forms an integral part of these Terms and Conditions.

6. OWNERSHIP AND LICENCING
6.1.  YOULCEE BVBA provides the User with a limited, personal, irrevocable, non-exclusive, non-leasable and non-transferrable right to use the Website, for fund raising purposes for one or more Charity Projects. The offered texts, images, data, databases, software, names, trade- and domain names, brands and logos are protected by the intellectual property ownership rights which belong to YOULCEE BVBA or third parties. It is prohibited, unless with prior written agreement from YOULCEE BVBA, to reproduce, communicate, distribute, publicise, sell or transfer the information offered on or through the Website to third parties. The fact that YOULCEE BVBA provides the User with permission to surf the Website obviously does not mean that the User gains any intellectual rights to the protected elements belonging to YOULCEE BVBA or any third party. YOULCEE BVBA retains all rights (royalties, tradenames, brands and other intellectual property) associated with or shown on the Website.
6.2.  YOULCEE BVBA is the incumbent of the underlying software of the Website.It is prohibited to translate software, in any way connected to the Website, to a form which is legible to humans, be it through reverse engineering, reverse compiling or any other means.
The User commits not to make, or have made, any copies of the Website or parts of the Website. The User also commits to not creating a derived website or to using the software in any way different than by using the Website in a normal way.

7. TERMS AND CONDITIONS APPLICABLE TO CHALLENGERS
7.1. A Challenge needs a start and an end date. It can be a unique event or a continuous event that lasts a maximum of 1 year.  A Challenge will always have a start and end date.
7.2. The Challenge needs to be objectively measurable.
7.3. YOULCEE BVBA has the right at any time to refuse a Challenge and does not need to motivate the rejection.
7.4. A Challenge needs to comply with good standards and values. A Challenge needs to comply with good standards and values. A Challenge may not violate Belgian law, nor violate the laws or codes of the location where the Challenge is being carried out, nor violate public order or common moral values and may not incite to violate Belgian or other law. Neither may a Challenge incite hate, racism, glorify war, genocide, etc. The purpose of a Challenge may not be in conflict with the purpose of a Charity Project.
7.5. The Challenge may only be initiated by the Challenger. It is explicitly forbidden to start a Challenge in a third parties name.
7.6. The possible price to register a Challenge on the Website needs to be paid in advance through the payment module supplied by the Website.
7.7. If a Challenge has been achieved and donations by sponsors have been collected, the earnings will be transferred to the Charity Project chosen by the Challenger..
7.8. If the Challenge has not been achieved, according to the initial registration by the Challenger, either an amount in proportion to the achieved percentage will be transferred to the Charity Project, or the complete amount will be transferred back to the Sponsors. In this case YOULCEE BVBA will only function as an escrow agent, holding donations in expectation of the completion of the Challenge. .
7.9. YOULCEE BVBA is not responsible for any damages that would flow out of the (whether consciously or not) incorrect supplied results of a Challenge by the Challenger. The Challenger is fully responsible for the results he registers at the end of the Challenge.
7.10.A Challenge can only last one year from the moment the Challenge has been created. If the Challenger does not register the results of the Challenge within 21 calendar days after the end date of the Challenge, the Challenge will be seen as not achieved

8. TERMS AND CONDITIONS APPLICABLE TO SPONSORS
8.1. The Sponsor can sponsor a Challenge through payment using a payment module offered on the Website.
8.2. Prior to sponsoring, the sponsor will need to register on the Website. Afterwards, the Sponsor has the choice to donate anonymously or not.
8.3. If the Challenge is completed successfully, the integral amount (after deduction of bank costs) will be transferred to the chosen Charity Project. In this case YOULCEE BVBA will only function as an escrow agent holding donations in expectation of the completion of the Challenge.
8.4. If the Challenge has not been achieved, the Sponsor receives credits for the sponsored amount. These credits can be used to sponsor another Challenge. The Sponsor needs to transfer his credits to a new Challenge within a year, according to article 8.1, failing this YOULCEE BVBA has the right to transfer the amount to a Charity Organisation chosen by YOULCEE BVBA.
8.5. Paid sponsor, membership or registration fees are not remunerable 

9. TERMS AND CONDITIONS APPLICABLE TO CHARITY PROJECT ADMINS 
9.1. Only officially registered Charity Organisations or Organisations that have been accepted in writing in advance by YOULCEE BVBA (although YOULCEE BVBA may refuse organisations without motivation) , can register on the Website for a Charity Project. At the time of registration, a natural person must be designated as accountable and as contact person fort his Charity Project. This person is referred to as the Charity Project Admin.
9.2. The Charity Project admin must, after creating the Charity Project on the Website, clarify the progress of the Charity Project and provide necessary updates and extra information.
9.3. After creating a Charity Project, the Charity Project admin may be invited by YOULCEE BVBA to clarify and/or discuss the details of the Charity Project.
9.4.YOULCEE BVBA is justified to remove a Charity Project without having to compensate any claims, if foul play is suspected.

10. TERMS AND CONDITIONS APPLICABLE TO COMPANIES AND COMPANY-ADMINS
10.1. Companies can register on the Website provided they pay a registration or membership fee, as specified on the website whilst also committing to pay for the registration fees of Challenges of members (such as personnel) of this Company.
10.2 At time of registration a natural person must be designated as responsible and as contact person for this company. This person is referred to as the Company Admin.
10.3. The registration remains valid for one year, unless specified otherwise on the Website. After this period has passed the company’s information will remain available, though it is not possible, unless the membership has been renewed, to start a new Challenge in the company’s name 
10.4 Paid registration or membership fees are not reclaimable.
 
11. CONDITIONS APPLICABLE TO GROUPS AND GROUP-ADMIN
11.1 Non-profit organisations can register on the Website as “Group”.
11.2 At the time of registration, a natural person must be designated as accountable and as contact person for this Group. This person is referred to as the Group Admin.
11.3 The registration is valid for one year, unless otherwise specified on the Website. If no new Challenge is added to the Group page within the following twelve months, YOULCEE BVBA is allowed to remove the registration as Group.
11.4 Paid sponsor, membership or registration fees are not remunerable.
 
12. GUARDIANSHIP OF THE SPONSOR FUNDS
12.1. The sponsor fees received by YOULCEE BVBA are kept in an account registered in its name, hereafter referred to as the Third Party Account. This Third Party Account is managed under the name “Third Party Account youlcee.com”.
12.2. In expectation of the achievement of a Challenge, all Sponsor fees will be transferred to and kept in the Third Party Account.
12.3. If the Challenge that the fees were meant for has been achieved the fees in the Third Party Account will be transferred to the Charity Project that they were meant for.
If the Challenge has not been achieved or achieved within the allotted time, the donations will be managed as set forth in article 8.4.
12.4. YOULCEE BVBA has the right to deduct bank costs from the transferrable amount.
12.5. Concerning the Third Party Account YOULCEE BVBA will request that its bank distance itself of any claim of unity of account or any re-compensation claim included in general bank conditions or credit conditions.
12.6. Possible interests on the Third Party Account will be shared between the Charity Projects at the end of every calendar year. YOULCEE BVBA has a free choice how to distribute the interest.

13. CONTENT
13.1.  By publicizing the information (“Content”) through the Website, the person that makes the Content available, be this person a User, an Admin or another person, will automatically provide YOULCEE BVBA with a non-exclusive, transferrable, royalty free, global, non-time restricted license, with the option of sublicensing, of (re)use this Content, even when protected by law, including but not limited to intellectual property law.
The User, the Admin and/or any other person guarantees that he owns all the necessary intellectual property and other rights to publish content on the Website.
13.2.  YOULCEE BVBA is in no way liable for the compliance with the Terms and Commitments by the Users or liable for the deeds by Users or third parties that are in conflict with the Terms and Conditions, any legal provision or for any other illegitimate use of Content supplied by Users.
13.3.  If a third party claims that specific Content provided by a User transgresses his rights, the User, Admin or other person shall protect YOULCEE BVBA against aforementioned claims by the third party, at request of YOULCEE BVBA the transgressor will voluntarily intermediate any proceeding that YOULCEE BVBA is involved in as a consequence of aforementioned claim, and compensate YOULCEE BVBA completely for all costs, damages, expenses and expenditures following the claim.
Unless YOULCEE BVBA or possible rightful claimants have given explicit consent to do so, it is explicitly prohibited that Users download, copy, modify, publicise Content for direct or indirect purposes that are not in compliance with normal use of the Website or use the Content in any way different to the practices described in the Terms and Conditions. .
13.4  The User declares that the following actions (non-limiting) are prohibited and agrees not to commit them:
- posting Content that may be interpreted as discriminating, hateful, misleading, libellous or offensive;
- posting Content containing obscenities, pornographic material or other material which may compromise human dignity;
- installing computer viruses or malware;
- using, gaining access or trying to gain access to data, computer systems, networks, databases or software, without explicit permission granted by the owner to the User;
- adding, changing, deleting, corrupting data of a third party without the third party’s consent, or adding data to a third parties’ data;
- passing on data of a third party without this third parties’ consent;
- stalking third parties;
- inappropriate use of political or religious symbols and/or beliefs;
- committing or inciting to commit any violation of the law (including but not limited to money laundering, fraud, consumer protection?);
- violating any (intellectual property) laws (including but not limited to royalties, brands, etc.) of third parties. The User acknowledges that copying or using any Content belonging to another User requires explicit permission of that other User;
- generally acting in conflict with any law or infringing on any third parties’ rights, either towards third parties or toward YOULCEE BVBA.
13.5  YOULCEE BVBA and its Users must collaborate to optimise usage of the Website and services offered on the Website and to keep Users unharmed. The User has the obligation to notify YOULCEE BVBA in writing concerning problems, offensive content and infringements on the Terms and Conditions.

14.  COMMITMENTS AND RIGHTS OF YOULCEE BVBA
14.1.  All YOULCEE BVBA’s commitments are purely commitments of means. YOULCEE BVBA autonomously chooses the means she deems necessary to deliver its Services. .
14.2.  YOULCEE BVBA commits to keeping the information and data on the Website as accurate and complete as possible, but cannot guarantee this. YOULCEE BVBA does not provide any guarantee that the Website will remain online. YOULCEE BVBA has the unilateral right to put the Website offline at any time.
14.3.  YOULCEE BVBA has the right to modify, expand or terminate its Services, without notification, notice or claimable damages to any party. In this case the sponsor revenues which have not been allocated yet will be divided amongst the Charity Projects.
14.4.  YOULCEE BVBA has the right, at any time, to modify these Terms and Conditions and any other Content on the Website, without duty of notification. Beside which, YOULCEE BVBA can, at any time and without prior notification, modify or improve the products, Services or programs that can be found on the Website.
14.5.  At any time YOULCEE BVBA has the right but not the obligation, to check and modify the User and the Users’ content.
14.6.  The User accepts that YOULCEE BVBA may take any possible measure it deems necessary if it feels that these Terms and Conditions are violated. Thus YOULCEE BVBA saves the right to limit, suspend or terminate its Services and the profile of a User, refuse entrance to the Website, delay the posting of Content or remove it, as well as take technical or judicial measures to avert the User from the Website if YOULCEE BVBA is convinced that the User is or can be the cause of problems or possible claims.

15.  TAX CERTIFICATES
15.1 YOULCEE BVBA does not provide tax certificates.

16.  SUBCONTRACTING AND ACCOUNTABILITY OF YOULCEE BVBA
16.1.  YOULCEE BVBA has the right to employ subcontractors or external suppliers to deliver its Services. YOULCEE BVBA can in no way be held accountable for any mistakes, errors, incompleteness, or any other irregularities committed by these third parties.
16.2.  Despite the continued care and attention that YOULCEE BVBA bestows on the content and composition of its Services, YOULCEE BVBA does not offer any guarantee concerning the completeness, correctness or reliability of the information which is found on the Website and is therefore not accountable for it.
16.3. In particular, YOULCEE BVBA declines any responsibility for the possible transferral of viruses or malware through the Website. YOULCEE BVBA will take all the necessary steps to prevent illegitimate break-ins into its IT systems. In the case that YOULCEE BVBA is victimised anyhow, it cannot be held accountable for damages resulting directly or indirectly.
16.4. The Website can imbed third parties’ files or can contain hyperlinks to third parties’ websites. YOULCEE BVBA has no say concerning the content of these websites or their files and can in no way be held responsible for them. By posting hyperlinks YOULCEE BVBA does not in any way silently condone the content of these websites or the files that these hyperlinks connect to.
16.5.  The User himself is the only person responsible for the Content or nature of his Content and generally responsible for anything he posts on the Website. YOULCEE BVBA is not responsible for the Users’ Content on the Website that is posted on its server by a User. YOULCEE BVBA only acts as an intermediary supplying hosting services.The User shall completely shield BVBA from any claim by a third party for any breach of said third parties’ rights.
16.6.  YOULCEE BVBA is only accountable for direct damage that is caused on purpose or by gross negligence on account of YOULCEE BVBA, its appointees and/or third parties that have been contracted by YOULCEE BVBA. In every case YOULCEE BVBA’s accountability will be limited to an amount of maximum 100,00 EUR per claim.
16.7.  YOULCEE BVBA is not accountable for any damages due to circumstances beyond one’s control, facts or third parties that it does not control, including but not limited to, hyperlinks to the Website from other applications or websites that deliver direct access to the Website.
16.8.  YOULCEE BVBA has the right to transfer all or a part of its contractual rights and duties to a third party, without needing any other parties’ consent and without the possibility of said party can claim damages concerning the transfer.

17.  AVAILABILITY OF THE WEBSITE
17.1.  YOULCEE BVBA strives to keep the Website available. However, YOULCEE BVBA cannot guarantee the Website will remain available indeterminably. Although YOULCEE BVBA will make every reasonable effort to avoid the Website becoming unavailable, it is not responsible for technical difficulties such as interference, interruptions or problems with the electrical delivery of its Services.
YOULCEE BVBA cannot guarantee that possible defects will be fixed on short notice, or that the platform and the server hosting the Website is free of viruses and other contagious and/or harmful files.
In no case can YOULCEE BVBA be made to pay any compensation, financial or otherwise
17.2.  The User explicitly agrees that YOULCEE BVBA is not accountable for possible loss of or damage to his computer/device or telecommunication data by virtue of the use of the Website. The User commits to always keep an own copy of the Content.
17.3.  At any time, with immediate effect and without supplying motivation, YOULCEE BVBA is entitled to (temporarily) limit, suspend or terminate one or more of its Services, to shut down a User’s profile for a limited period or indefinitely, to remove Users’ Content and/or give a warning, especially if said User acts contrary to the Terms and Commitments or if YOULCEE BVBA is of the opinion that the Users’ actions could cause damage to Users, third parties, YOULCEE BVBA or the Website.
YOULCEE BVBA can in no way be held accountable if this were to occur.
17.4.  YOULCEE BVBA has the right to terminate the (exploitation of) the Website at any moment. In the case of termination, all rights and/or licences accorded to Users will be terminated as well as any use of the Website.

18.  HYPERLINKS
18.1. No link may be made to the Website from a website which could harm YOULCEE BVBA or the Website.This prohibition applies to any form or connection technique which registers or shows the name, the address or any other element appertaining to YOULCEE BVBA on another website or application that harms YOULCEE BVBA or the Website, or which transfers internet visitors of the website or application to the Website.

19.  COMPLAINT PROCEDURES
19.1.  In the case that a User notices prohibited Content on the Website or an infraction of the code of conduct and use, or in the Terms and Conditions in general, this User can notify YOULCEE BVBA with motivation of the infraction by sending an e-mail to info@youlcee.com and/or sending a letter to the headquarters of YOULCEE BVBA.
19.2.  YOULCEE BVBA can intermediate conflicts between Users and has the right to remove any Content, for example if the Content is contrary to the Terms and Conditions or if the material is damaging to Users, YOULCEE BVBA, the Website or a third party.
YOULCEE BVBA has, in its view, discretionary competence and will always be the deciding party
 
20. DIVISIBILITY
20.1. The invalidity or non-enforceability of any condition of these Terms and Conditions will not influence the invalidity or non-enforceability of any or all other conditions of the Terms and Conditions. In the case that the validity or enforceability of any condition is questioned or disputed, the involved parties will do the reasonably necessary or useful in good faith to in the end keep said condition completely imposable and operable, or to replace said condition with another condition which will have the same economic effect as the previous one on all parties.

21.  APPLICABLE LAW AND AUTHORISED COURTS OF LAW
21.1. These Terms and Conditions, as well as any, even non-contractual, relationships between the Visitor and/or User and YOULCEE BVBA are only subject to Belgian law.
21.2. In case of a dispute only the courts of law of the Antwerp territorial jurisdiction, division Antwerp, will be authorised to be notified.