General Terms and Conditions of use
Last updated 14th September 2023
The purpose of these General Conditions of Use (hereinafter the "GCU") is to govern the relationship between the websites accessible at https://www.tdh.org and https://www.mytdh.ch/ (hereinafter the "Site"), published by Terre des hommes - Child Relief worldwide - Foundation (hereinafter referred to as the "Site Manager"), and the User. They define the terms and conditions of access to and use of the Site.
The identity and contact details of the Site Manager are specified in the Site's Legal Notice https://www.tdh.org/en/legal-mentions and https://www.mytdh.ch/en/legal-mentions). All access and use of the Site and its functionalities implies acceptance and compliance, without reservation or exception whatsoever, with the GCU.
The Site is accessible to all. However, the Site Manager recommends that the Site should only be used by adults with full legal capacity, and by minors, subject to the prior agreement of the persons holding parental authority over them.
If a person does not meet the conditions recommended above, or does not wish to accept the terms of these GCU detailed below, it is recommended that they do not access the Site.
The Site Manager reserves the right to modify the GCU at any time and without notice without prior notification. The modified GCU will be applicable as soon as they are made available on this page, without any other formality being required. The User will be deemed to have accepted the new GCUs whenever he/she browses the Site again. Consequently, Users are invited to consult the GCU on a regular basis.
ARTICLE 1 – DEFINITIONS
For the purposes of the GCU as a whole, the following terms shall have the meanings attached to them:
Articles: refers to written publications that are freely accessible on the Site, such as news about work carried out by the Site Manager, position statements, press releases or press reviews.
Campaign(s): refers to any promotional campaign created by a User to raise funds to support one of the Site Manager’s actions.
Personal Account: refers to the User's personal space, accessible via the Site. The Personal Account hosts, in particular, the User's profile, personal identification data, information relating to Campaigns that the User has created (where applicable), and information relating to Campaigns that the User has supported (where applicable).
Equipment: means any computer, mobile phone or terminal connected to the Internet.
Feature(s): refers to all or some of the features offered by the Site and accessible exclusively to Users, as described in article 2 of the GCU.
Internet: refers to electronic communications networks open to the public, interconnected and operated by any operator, whatever the technologies or standards used by these networks (cable, satellite, ADSL, optical fibre, EDGE, etc.).
Password: means the set of secret characters (letters, numbers, symbols) enabling the User to access his/her Personal Account via the Site, chosen by the User when creating his/her Personal Account and which may be changed at any time by the User via the settings in his/her Personal Account.
Browser(s): is software designed to consult and display the World Wide Web (www). Technically, it is at least an http client who can browse websites.
Personal Page: refers to a page on the Site, edited by the User via their Personal Account, on which they can post photos and comments and follow the progress of the Campaigns they have created.
Podcasts: refers to radio programmes available in the form of audio files.
Third-Party Service Providers: refers to third-party companies whose services and software applications are used by the Site Manager as part of the operation of the Site and its Functions.
User: refers to any person accessing and using the Site.
ARTICLE 2 – SITE FEATURES
The Site Manager offers a Site where Users can:
Have free access to articles;
Have free access to podcasts;
Consult the job offers available from the Site Manager;
Subscribe to the Site Manager’s newsletter; and
Make donations to the Site Manager.
Have free access to other Users' Campaigns;
Subscribe to the Site Manager’s newsletter;
Manage their Personal Account;
Manage their Personal Page;
Manage their Campaigns; and
Make donations to the Site Manager.
These features are available in English, French and German.
ARTICLE 3 – ACCESS TO THE SITE AND ITS FUNCTIONS
3.1 Access to the Site
Access to the Site and its Features is free and unrestricted, and is offered to Users without interruption (except in exceptional circumstances).
The Site Manager makes every effort to guarantee Users access to and use of the Site under optimum conditions, on a continuous basis, without interruption or error, to enable them to use the Features made available to them as they would wish.
The User is aware that this access is provided taking into account the possible technical hazards due to the nature of the Internet, as well as the response times necessary to consult, query or transfer information data. The Site Manager cannot guarantee absolute accessibility or availability of the Site.
To be able to access the Sites and take advantage of its features, Users must have equipment connected to the Internet.
The Site Owner does not provide Users with any means or equipment. Use of the Site and its features may involve the transmission of data from and to the User's equipment, which may give rise to charges from the mobile operator for the use of data flows, independent of the Site Manager.
3.3 Access to features
In order to access certain features, Users must first enter certain personal data (in particular their e-mail address, contact details and bank details).
The User undertakes to provide only accurate and up-to-date information. This information, communicated by the User to the Site Manager, must not usurp the identity of a third party, nor infringe any intellectual property right, in particular a trademark, a company name or a domain name.
In the event of subsequent changes to this data, it is the User's responsibility to update it, particularly if monthly donations are made by the User.
As it is practically impossible for the Site Manager to check the accuracy or truthfulness of the information provided, the User acknowledges that the provision of any information that is erroneous, incomplete, misleading or does not comply with the legal or regulatory requirements in force may give rise to liability towards the Site Manager or third parties to whom this information may cause harm.
ARTICLE 4 – USER'S PERSONAL ACCOUNT
Users are not required to create a personal Account in order to browse the Site, or even to fund Campaigns created by other Users.
4.1 Accuracy of information provided by the User
Users undertake to ensure that the information they provide to the Site Manager when creating their Personal Account is accurate.
The information communicated by the User to the Site Manager must not usurp the identity of a third party or another User, nor infringe any intellectual property right, in particular a trademark, company name or domain name. In the event of subsequent modifications to this data, it is the User's responsibility to ensure that it is updated.
As the Site Manager is not materially able to check the accuracy or truthfulness of the information provided by the User when creating his/her Personal Account, the User acknowledges that the provision of any information that is erroneous, incomplete, misleading or does not comply with legal or regulatory requirements is likely to incur liability both towards other Users and towards the Site Manager or third parties to whom this information may cause harm.
4.2 Creation of a Personal Account
Any User may create a Personal Account via the Site. The User undertakes to hold one and only one Personal Account, which is strictly personal and may not be lent, transferred or otherwise assigned.
A Personal Account is created by linking it to the User's Facebook account, or by filling in a number of details. Users who choose to create a Personal Account by filling in their details must provide the following mandatory data: title, first and last name, postal address, date of birth, e-mail address and Password. They may, if they wish, provide a telephone number, and specify that they are registering on behalf of a company by specifying the company name.
The creation of a Personal Account is subject to the User's knowledge and acceptance of these GCU. The User must confirm acceptance by ticking a box, which is essential for creating a Personal Account. The User must also reproduce an image security code. Once these steps have been completed, the User is able to complete the creation of a Personal Account.
The creation of a personal Account is completed as soon as the User clicks the activation link that he receives in an activation e-mail.
4.3 Access to the Personal Account
To access their personal Account, Users must enter their e-mail address, provided when they created their personal Account, and their Password.
The Password is personal to the User and confidential. It can be changed at any time by the User via the settings in their personal Account. Only Users are authorised to use their Password. The User undertakes not to allow any third party to access his/her Password. Any use of the Password on the Site is presumed to have been made by the User.
In the event that the User becomes aware that another person is using his/her personal Account, he/she must inform the Site Manager immediately via the contact page accessible at https://www.tdh.org/en/contact so that he/she can take the necessary measures.
The User remains solely responsible for the confidentiality of his/her Password and assumes full responsibility for the consequences resulting from the use by third parties or the disclosure of the Password to third parties.
Once a Personal Account has been created, the User may associate an image or photograph with his/her profile. In this respect, the User accepts and undertakes not to use images, photographs or any other reproduction that would infringe or violate the rights of others, including intellectual property rights, in particular the copyright or registered trademark of another person.
4.4 Suspension and deletion of a Personal Account
The Site Manager reserves the right and the possibility to deactivate, block, suspend, limit or delete any Personal Account without prior notice and without incurring any liability, and independently of any damages that the Site Manager may claim from the holder of the Personal Account in the event of prejudice linked to this illicit use of the Personal Account.
The Site Manager will pay particular attention, for example and without limitation, to any Personal Account that does not comply with the GCU or the rights of third parties, in particular if it contains false, inaccurate or incomplete information, or if it contains images or representations likely to infringe the intellectual property rights of third parties.
Users may request the deletion of their Personal Account at any time by contacting the Site Manager at https://www.tdh.org/en/contact. The request will then be processed by the Site Manager as soon as practicable.
ARTICLE 5 – CAMPAIGNS CREATED BY THE USER
Users can create Campaigns via their Personal Account. These Campaigns enable funds to be raised from other Users, as well as from any third party who has access to the Campaign link, for the benefit of the Site Manager and the actions he undertakes.
Any Campaign created is published on the Site and is accessible to all Users. It is specified that a Campaign may be suspended or stopped at any time by the User who created it.
The User agrees not to, and undertakes not to, use in connection with the Campaign created any images, photographs or any other reproduction or text that would infringe or violate the rights of others, including intellectual property rights, in particular the copyright or registered trademark of another person.
The Site Manager reserves the right to suspend or delete, without prior notice, any Campaign that does not comply with the GCU and in particular that reproduces representations likely to infringe the intellectual property rights of third parties.
ARTICLE 6 – RESTRICTION OF ACCESS AND USE OF FUNCTIONS
From time to time, the Site Manager carries out maintenance or development operations on the Site in order to ensure updates and the correct operation of the functions. In this respect, the Site Manager reserves the right to close the Site temporarily, or even permanently, and to delete functions, pages and/or options.
The Site Manager shall under no circumstances be held liable for any difficulty in accessing or using the features resulting from updates and developments.
These operations may interrupt access to and/or use of the features and the Site for a limited period, without prior notice or information. The Site Manager will make every effort not to make access unavailable for an excessive period of time.
The GCU apply to new versions and updates.
ARTICLE 7 – THIRD-PARTY SERVICE PROVIDERS
The Site Manager uses third-party tools and solutions for the following services:
- Hosting the servers where the Users' data is located;
- Data analysis;
- Payment management (donations);
- Digital marketing monitoring (in particular to track conversions).
Under no circumstances may the Site Manager be held liable for any damage suffered by the User resulting exclusively from the failings of these Third-Party Service Providers.
Like the Site Manager, these Third-Party Service Providers may interrupt access to and use of their solutions at any time and without prior notice, in order to carry out maintenance and/or updating operations. Such interruptions may have the effect of suspending access to the Site and the features.
ARTICLE 8 – RESPONSIBILITIES OF THE USER
The User undertakes to use the Site and its functions in accordance with the laws and regulations in force, with public order and morality, with the rights of third parties and with the GCU.
Users must ensure that their equipment allows them to access the Site and the features. It is the User's responsibility to take all appropriate measures to protect their equipment, data and/or software, in particular from contamination by malicious programs or intrusion by a third party into their equipment.
ARTICLE 9 – LIMITED LIABILITY
Without this list being exhaustive, the Site Manager may under no circumstances be held liable in the event of:
• Non-compliance with the GCU by the User;
• Misuse or failure of the User's equipment;
• Fault, negligence, omission or default on the part of the User;
• Fault, negligence, omission or default of Third-Party Service Providers;
• Intervention by a third party not authorised by the User;
• Cases of force majeure, as recognised by the courts;
• Events preventing or delaying the Site Manager from fulfilling his obligations and beyond his control.
Nor shall the Site Manager be held liable for:
• The impossibility of using the Site;
• Disruption to use of the Site;
• The quality of the Site, the Site being offered to Users "as is";
• Computer security breaches for which the Site Manager is not responsible and which may cause damage to Users' computer equipment and data.
The User is advised that access to the Site and the features is via an Internet connection. Technical problems with Internet operators may affect, slow down or make connection to the Site and use of the features unavailable or impossible.
ARTICLE 10 – INTERACTIVE SECTIONS FOR VOLUNTEER GROUPS
Certain interactive sections of the Site are dedicated to associations of voluntary groups in Switzerland. These sections are supplied by the members of these associations. In this respect, the Site Manager declines all responsibility for the reliability or veracity of the information, data, opinions, advice or statements appearing in these sections.
Contributing Users undertake not to perpetrate any action that is defamatory, abusive, constitutes harassment, threatens privacy or violates in any way whatsoever the rights, of any nature whatsoever, of any third party. These Contributing Users undertake not to publish, post, distribute or disseminate any information or material that is defamatory, obscene, indecent, fake or otherwise unlawful.
The Site Manager reserves the absolute right to delete any content published on his Site, when he has been previously warned of the publication of such content, contrary to the law, morality and/or the content of these GCU. Such content may be reported using the contact form (https://www.tdh.org/en/contact) and must contain the web link (URL) to the content in question.
ARTICLE 11 – PERSONAL DATA
As part of the operation of the Site, the Site Manager is required to collect a certain amount of personal data concerning Users. This data may be collected directly, when Users freely communicate their personal data, or automatically as part of the use of the Site and/or the features.
For data collected by Third-Party Service Providers, their personal data protection policies apply, in compliance with the legal and regulatory provisions in force.
Some of Users' personal data may be collected via cookies placed on their equipment when browsing the Site. To find out more about the cookies used and the conditions under which they are deposited, Users are invited to consult the Cookies Policy (https://www.tdh.org/en/cookies and https://www.mytdh.ch/en/cookies).
ARTICLE 12 – INTELLECTUAL PROPERTY
The Site and all of the elements making up the features, including but not limited to the Site, structure, interfaces, databases, texts, audio files, images and video files, constitute original creations, protected as such by copyright. They are the exclusive property of the Site Manager or of third parties who have granted him a licence.
The User shall refrain from any action likely to directly or indirectly infringe the intellectual property rights of the Site Manager or third parties who have granted him a licence.
Any use not expressly authorised by the Site Manager under these GCU is unlawful. Thus, and in a non-exhaustive manner, it is strictly forbidden for the User to proceed with:
• Any representation, broadcasting, direct or indirect transcription, translation into other languages or distribution of the Site, whether in return for payment or free of charge, and in particular any networking;
• Any form of use of the elements that make up the functions and in particular the Site, in any way whatsoever, for the purposes of designing, producing or distributing similar, equivalent or substitute functions, in particular concerning the donation platform;
• Adaptation, modification, transformation or arrangement of the Site, for any reason whatsoever, including to correct errors;
• Any use by the User for processing not strictly authorised by the Site Manager;
• Any modification or bypassing of the protection code such as, in particular, access codes or identifiers, or action intended to render inoperative the protection system integrated into the Site or any of the elements making it up.
Any breach by the User of these prohibitions constitutes an infringement liable to engage the civil or criminal liability of the infringer. Any such breach will also result in the User being banned from using the Site and its features.
ARTICLE 13 – FULL AGREEMENT AND DURATION
These GCU and the general conditions relating to donations constitute the entire agreement between the User and the Site Manager concerning the use of the Site and its functions and replace any previous agreement concerning the use of the Site. The GCU remain in force for an unlimited period, unless modified or deleted by the Site Manager. In the event of modification of the GCU, they shall apply immediately.
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
The provisions of Swiss law apply to these GCU. The application of conflict of law rules is excluded.
The exclusive place of jurisdiction is the domicile of the Site Manager (see the Legal Notice https://www.tdh.org/en/legal-mentions and https://www.mytdh.ch/en/legal-mentions). The invalidity of certain provisions does not affect the remaining validity of the GCU.