Terms of Use

By accessing this platform operated by C&A Foundation (the “Platform”) and any page thereof you agree to be bound by these terms of use (“Terms of Use”) and to comply with any applicable laws and regulations. If you do not agree to these Terms of Use, do not proceed to further pages of this Platform.

C&A Foundation, Grafenauweg 10, 6300 Zug, Switzerland, reserves the right to vary or amend these Terms of Use at any time. The most recent version of the Terms of Use will govern the services on this Platform and will be available on this Platform. By continuing to access or use this Platform after any changes become effective, you agree to be bound by the revised Terms of Use. Please visit these Terms of Use on a regular basis to ensure that you have read the latest version. These Terms of Use were updated the last time on the date indicated at the end of the terms.

The headings used for each of the paragraphs of these Terms of Use do not affect its interpretation. The reference to a “person” is a reference to an individual, a body corporate and an unincorporated association of persons. “You” means a user of this Platform. “We” means C&A Foundation.

Local access restrictions and additional local information

This Platform and all information and functionality contained within this Platform are not directed to or intended for use by any person resident or located in any country where the distribution of such information or functionality is contrary to the laws of such country. The same applies to any person resident or located in any country where such distribution is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained by C&A Foundation. If any such local access restriction applies to you, you are not authorized to access this Platform or use any of the information on this Platform.

C&A Foundation is a private foundation, affiliated with the global clothing retailer C&A and existing under the laws of Switzerland.

C&A Foundation's mission is to support and actively drive initiatives that help transform the way the apparel industry works. Please note that in addition to these Terms of Use this Platform may include legal information specific to one or several countries. Such information may, in particular, include corporate and contact information, local licensing information or other local disclosure requirements.

Information about C&A Foundation and Platform operation

This Platform is provided by C&A Foundation, an independent, non-profit-making foundation, under the laws of Switzerland with registered office in Zug, Switzerland and registration number CHE-452.321.620 (“C&A Foundation” or “we”).

This Platform is currently operated on a Software-as-a-Service Platform of RaiseNow (www.raisenow.com), a provider of online fundraising tools and solutions with principal place of business in Zurich, Switzerland, and is processed according to applicable data protection and privacy laws (“Service Provider”). The Service Provider uses data centers in the United Kingdom and Switzerland and provides various services to C&A Foundation in connection with the operation of this Platform (the “Services”). The Service Provider owns all right, title, and interest to all software, products, works, and other intellectual property created, used, or provided by the Service Provider including, but not limited to, the Platform and any other part of the Services.

This Platform includes various functionalities. Please note that certain functionalities of this Platform may not work, unless you have installed appropriate software on your local station. It is the sole responsibility of each user to install the necessary software in order to effectively use this Platform.

Services and solutions

C&A Foundation makes no representation that all services and solutions described on this Platform are appropriate or available for use in your country. Furthermore, some services or solutions may only be available to certain categories of persons. Therefore, please read carefully the relevant description on this Platform or request further information about the relevant service or solution.

Any materials available on this Platform have no regard to the specific objectives, financial situation or particular needs of any specific recipient. C&A Foundation does not represent that any services or solutions discussed on this Platform are suitable for any individual or corporate recipient. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the services or solutions, markets or developments referred to therein. The materials should not be regarded by recipients as a substitute for the exercise of their judgment. Any opinions are subject to change without notice. C&A Foundation is not under any obligation to update or keep current the information about services and solutions contained in this Platform.

No offer

The information contained in this Platform is just for information purposes. No information available on this Platform constitutes a solicitation, an offer, a representation or a recommendation from C&A Foundation, to effect any transactions or to conclude any legal act of any kind whatsoever. You or your company may not rely on information on this Platform for making any decision relating to services or solutions of C&A Foundation.

Storytelling, opinions and pictures

C&A Foundation allows storytelling, opinions and pictures on this Platform. Users must not understand them as statement of facts or review them applying scientific criteria. C&A Foundation does not wish and is under no obligation to verify the content of stories or opinions or the use of pictures on this Platform. The liability of C&A Foundation for any required accuracy or completeness of stories, the defensibleness of opinions and the appropriateness of the use of pictures shall be excluded to the maximum extent permitted by applicable law.

This Platform may include opinions that are provocative and arguable. Such opinions are based on the author’s interpretation of information available at the given time and do not necessarily reflect the view of C&A Foundation. Moreover, this Platform may include pictures that may be understood by users as not entirely appropriate in a particular context. The use of a picture in a particular context is based on the author’s discretion and does not necessarily reflect the view of C&A Foundation.

Third party statements and quotes

This Platform may include statements and quotes of third parties relating to C&A Foundation. Such statements and quotes are generally labeled as information provided by third parties. C&A Foundation does not and is under no obligation to verify the content of third party statements or quotes on this Platform. The liability of C&A Foundation for the accuracy or completeness of such third party statements and quotes shall be excluded to the extent permitted by applicable law.

Donation Process

Upon accessing the Platform you may be provided with different donation project. After entering a project page you will be provided with detailed information, stories, opinions and pictures relating to the project. Subsequently, you will be guided to the donation/payment forms where you need to choose a donation amount. You will be able to either choose certain pre-stipulated amounts or to opt for your own amount. In order to execute your donation you need to continue to the payment procedure (“continue to payment”). When you reach the last step of the donation process "Payment" and as soon as you have entered the mandatory payment details you must accept the Terms of Use and the Privacy Policy. Only if you have entered all mandatory information and if you have accepted the Terms of Use and Privacy Policy you are able to complete the donation. You will then be displayed donation confirmation, which may be downloaded.

During the donation process you may request the provision of an official donation confirmation by the donation recipient for tax and other purposes.

You may make donations by credit or debit card (Visa, MasterCard or PostCard), SMS-payment or PayPal. (Please note that the payment methods may differ per country). Your account will be debited immediately.

We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure that your personal data are secure.

Please be aware that there may be additional costs and fees when paying with credit cards depending on the credit card agreement concluded between you and the credit card issuer.

No warranties

The information and materials that are contained on this Platform are provided “as is” and “as available”. C&A Foundation, the Service Provider and third party content providers give no representation, warranty or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose, non-infringement, merchantability or otherwise in respect of this Platform or its Content. Without limiting the foregoing, C&A Foundation, the Service Provider and third party content providers do not warrant the accuracy, timeliness, completeness, reliability or availability of this Platform or the information or results obtained from this Platform, or that this Platform or downloads from this Platform are virus-free or error-free. All such representations, warranties and conditions are excluded, except to the extent that their exclusion is not permitted by applicable law. For the purpose of these Terms of Use, “Content” means any text, software, database, format, graphic, images, photo, video clips, written work, databases, listings, and all other materials developed by, or on behalf of, us which are or form part of this Platform. Please also check disclaimers on or in respect of individual documents on this Platform.

Both C&A Foundation and the Service Provider (without limiting the foregoing) disclaim all warranties with respect to the operation of this Platform and related software for this Platform, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose. C&A Foundation and the Service Provider disclaim all warranties that the Platform and related software are not interrupted or error free. C&A Foundation and the Service Provider disclaim all warranties as to the results that may be obtained from the use of this Platform.

No liability

To the maximum extent permitted by the applicable law, neither C&A Foundation, the Service Provider, any third party content provider, nor any of their directors, employees or agents will be liable for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and regardless whether the damage was foreseeable or not. Neither C&A Foundation, the Service Provider, any third party content provider, nor any of their directors, employees or agents will be liable for any loss of profits, business, business interruption or data. Neither C&A Foundation, the Service provider, any third party content provider, nor any of their directors, employees or agents will be liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of this Platform or downloads from this Platform.

C&A Foundation, the Service Provider, any third party content provider, any of their directors, employees or agents further exclude any liability for acts conducted by auxiliary persons in the sense of art. 101 of the Swiss Code of Obligations.

You undertake to indemnify and hold C&A Foundation, the Service Provider, any third party content provider, any of their directors, employees or agents harmless against any claims of third parties for any damages resulting from your unlawful use of the Platform.

Intellectual Property Rights

Intellectual Property Rights in the pages of this Platform and the Content available through it belong to C&A Foundation or to the Service Provider or other third parties. You do not acquire, by virtue of your use of this Platform, any rights, title or interest in any of the Intellectual Property Rights in the Content and this Platform. For the purpose of these Terms of Use, “Intellectual Property Rights” means (i) copyright, patents, database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information; (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

You may print or safe individual pages and/or sections of this Platform and its Content for personal or internal use only. Such print-outs or savings, however, must retain all applicable copyright or other proprietary notices. You must not modify, copy, transmit, distribute, display, reproduce, publish, perform, license, frame, create derivative works from, transfer or use in any other way for commercial or public purposes in whole or in part any Content obtained from this Platform without the prior written permission of C&A Foundation. It is prohibited to systematically retrieve Content from this Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from C&A Foundation.

The copyright in some documents and other material available on this Platform belongs to third parties (“Third Party Documents”) and such documents and other material have been produced on this Platform with the permission of the third party copyright owners. You must check copyright notices on or in respect of individual Third Party Documents. Unless otherwise specified in the copyright notice for a Third Party Document or permitted by applicable law, you are not allowed to copy (except to the extent required for the use of this Platform in accordance with these Terms of Use), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public all or any part of the Third Party Document or systematically extract material from it or in any other way exploit for commercial purposes all or any part of it.

User Comments

You may provide comments to C&A Foundation by e-mail or otherwise. Furthermore, C&A Foundation may invite users to participate in own or third party surveys or polls and comment on a particular issue raised. If you provide comments to C&A Foundation, C&A Foundation shall be entitled, but not in any way obliged to make available all or parts of your comments with unmodified or modified content on C&A Foundation Platform. If so doing, C&A Foundation will label the comments, without mentioning your name, as third party comment, survey result or in another appropriate way. C&A Foundation will not mention your name, unless you have expressly agreed otherwise. If you provide comments to C&A Foundation you agree to grant C&A Foundation all necessary rights, if any, or license to use, reproduce, distribute, modify, and publicly display your comments on C&A Foundation Platform for an unlimited period of time.

You agree to ensure that all comments you send to this Platform are legal, decent and truthful, comply with all applicable laws and regulations, do not infringe the Intellectual Property Rights or other rights of C&A Foundation or any third party, are not defamatory, unreliable or misleading or otherwise objectionable.

Links to and Feeds from External Websites

From this Platform you are able to obtain access to websites operated by third parties (“External Websites”) by means of links or RSS functionality. We do not endorse those other websites nor do we accept any responsibility for any damage or loss you may suffer arising out of access to External Websites, including, but not limited to, damage or loss arising from your use of documents or other information found on External Websites. Links to External Websites and RSS-feeds from External Websites are not monitored or maintained by us. We are not responsible for the content of any External Website. Please read all copyright and legal notices on each External Website prior to downloading or printing items to ensure that such actions are permitted under the site’s copyright notices, legal notices and/or general terms of use.

Privacy Policy

Our Privacy Policy Statement is placed on this Platform. You understand that your use of this Platform will result in our processing of personal data that you provide. The Privacy Policy determines the basis on which we will use personal data. By using this Platform, you agree with the terms of the Privacy Policy. In performing your obligations under these Terms of Use, you commit to comply with applicable data protection laws.

General provisions

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.

Certain pages or areas on this Platform may contain additional terms, conditions, disclosures or disclaimers (the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those pages or areas.

Our rights under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use.

Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or other official document.

Governing law / place of jurisdiction

These Terms of Use and the relationship between you and C&A Foundation as well as the Service Provider in general shall be governed by and interpreted in accordance with Swiss law and we and you each submit irrevocably to the exclusive jurisdiction of the competent courts of Zug, Switzerland.

Contact

If you have any questions relating to these Terms of Use, please email grants@candafoundation.org.

Latest update: May 6, 2016