§ 1 Applicability
(1) The EU-Fundraising Association e.V., Hohenzollerndamm 152, 14199 Berlin, Germany (hereafter referred to as ‘operator’), offers organisations (hereafter referred to as ‘users’) the opportunity to evaluate independently of their legal structure how well prepared they are for international activities. This is done by means of the ‘Europeanisation’ self-assessment tool (hereafter ‘self-assessment tool’).
(1) Use of the self-assessment tool requires the previous realisation of a platform licence agreement (hereafter ‘licence agreement’) by creating an account. It is necessary to enter correct and complete information regarding one’s surname, first name, email address and the name of the organisation.
(2) The licence agreement is closed for an indefinite time period. Contractual parties can terminate the licence agreement with a month’s notice by communicating in writing (email is sufficient) without stating their reasons. The right to any use of the platform expires with this termination.
§ 3 The self-assessment tool
(1) The self-assessment tool is free to use for registered users.
(2) The self-assessment tool consists of different content areas in which different topics that are pertinent to the Europeanisation of an organisation are addressed in turn. Descriptions of different situations are shown for each of these topics. The user chooses from these descriptions the situation that best describes the organisation being analysed.
(3) Once the user has completed all topics he will receive a result based on a scoring formula. This result consists of an evaluation of the chosen answers and recommendations for future action. These are standardised recommendations that should serve the user as the foundation for discussion. The user himself is responsible for the implementation of these recommendations and possible reactions to the scoring values.
(4) Scoring values, industry classification and data regarding number of employees and geographical location of the organisation are saved in a database. This is to enable users to make comparisons. Data is also anonymised (this means that the name of an organisation is not shown) and made available to science for research purposes and to the operator for purposes of commercial analysis. Data is first made available for comparisons once several organisations are included in a given criteria. This is so that organisations cannot be identified on the basis of their industry classification, number of employees or geographical association if there is at that point only one organisation saved for a particular criterion.
(5) Results of the evaluation and recommendations for action can be exported in the form of a PDF file or printed. Data can moreover be viewed through the user’s account. It is strongly recommended that you print and archive the results of the evaluation and recommendations for action, since the operator cannot guarantee that this data will be available at all times.
(6) It is not possible to repeat the test whilst using the same account.
(7) The user can only end the self-assessment within six months after creating an account. To this end, answers to already completed questions are saved. If the user does not completely answer the self-assessment within these six months then this previously saved answers will be deleted. If this occurs the user must begin the self-assessment again from the start.
§ 4 Availability of the self-assessment tool
On working days between 8:00 a.m. and 6:00 p.m. the operator guarantees an accessibility of 98.5% for the ‘self-assessment tool’. In addition to this, maintenance, updates and administrative work can lead to the self-assessment tool not being available temporarily. As far as possible, delays will be announced beforehand on the website and undertaken during times when the self-assessment tool is statistically used less frequently.
§ 5 Copyrights
(1) The user receives a non-exclusive temporary right to use the proprietary constituents of the self-assessment tool for the purposes of self-evaluation. This is valid only for the duration of the contract term. The self-assessment tool’s software code also consists of open source components that the separate open source developers have made available to the general public to use free of charge. The user receives sufficient rights to use the open source components from the open source developers to be able to make unrestricted use of the self-assessment tool in line with this contract. You can find which open source components are knowingly run in the user’s browser and further information about these open source components in the operator’s imprint.
(2) The user does not have the right to transfer the results of the self-assessment outside of his organisation. The right from § 5 paragraph 1 does not include reproducing or editing the software of the self-assessment tool or the use of the question texts, answer texts, evaluation results, recommendations or the construction of the question structure outside of the self-assessment tool.
§ 6 Client obligations
(1) The client is obligated to use the operator’s services appropriately and to take recognised principles of data security into account. The client is in particular obliged:
- to not use the platform improperly but to use it exclusively in accordance with the applicable national and international laws and regulations. The client is especially obliged not to infringe upon any third party rights, for example personal rights, copyrights, trademark laws, naming laws and any general commercial property rights of third parties;
- to not use any passwords or code numbers (PIN) that correspond, for example, to their own name or birthday or that of a very close person, or that are used to access other services;
- to maintain the secrecy of passwords and code numbers (PIN) and to immediately change them or arrange for them to be changed if the suspicion arises that an unauthorised third party has gained knowledge of them;
- to end using the platform with consideration for the specifications provided by the operator for properly logging out (ending the session);
- to refrain from transferring any information or data gained from the platform outside of their organisation, especially not to pass this on to third parties for commercial purposes. This also includes the transfer to branches of the user, subsidiaries or parent companies or partners.
(2) It is not permitted to download, cache, make publicly accessible and/or take into one’s own offer qualitatively or quantitatively substantial parts of data from the platform, whether this is done with the help of crawler software or in another way. Repeated and systematic downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively insubstantial parts of data is equivalent to downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively substantial parts of data, to the extent that these actions run contrary to a normal evaluation of data or unreasonably interfere with the authorised interests of the operator.
(3) Even with the greatest possible care, the operator cannot guarantee that all available information is accurate. Because of mistakes due to transferring and/or entering data by hand, for example number and figure citations etc., the information made available on the platform can be flawed. It is therefore the client’s responsibility to check and verify the information that is contained here.
§ 7 Blocking
(2) The operator will take into account the authorised interests of affected users when choosing the means. This is particularly applicable when indications exist that the user is not culpable for the violation.
§ 8 Liability, Limitation
(1) The operator has unlimited liability for damages arising from culpable injury to life, body or health.
(2) The operator is only liable for other damages if the damages are based on the intent or gross negligence of its legal representatives, employees or agents. The liability for damage is limited to foreseeable damages that typically arise with these kinds of contracts if the operator is not charged with intent. The operator is also only liable for slight negligence in the area of chargeable offers insofar as essential contractual obligations (‘major obligations’) are infringed upon. Major obligations are those which first enable the proper implementation of the contract and on the keeping of which the user may regularly rely. In the case that major obligations are neglected the liability is also limited to foreseeable damages that typically arise with these kinds of contracts.
(3) To the extent that the operator is liable in cases of gross negligence for various damages in accordance with number 8 paragraph 2, the liability is limited to €1,500.00.
(4) To the extent that the operator is liable in cases of slight negligence subject to number 8 paragraph 2, the liability in each case is limited to the amount of €500.00.
(5) The operator is not liable for data or information which the user or any third party downloads from the portal or which are in any way made available on the portal. The operator is neither liable for the completeness, accuracy or currentness of this data and information, nor that it is free from any third party rights, nor that the user or a third party are acting lawfully when they download any data from the portal. The operator is also not liable for any damages which arise through faulty operation of the system.
(6) The operator is not liable for possible damages which may happen to the user if he implements the recommendations given by the platform.
(7) Mandatory statutory regulations such as the product liability act remain unaffected by the arrangements given above.
§ 9. Other rules
(2) In the event that one or several of the aforementioned clauses are inapplicable or may become so in the course of time, the remaining clauses remain unaffected by this.
(3) This contract is subject to the laws of the Federal Republic of Germany with the exception of rules concerning conflict of law and the UN sales convention (CISG).
(5) The operator can change or suspend parts or particular functions of the ‘Europeanisation’ platform at any point. In accordance with this the platform operator can limit use and access to the offers in the platform at any point, as well as limiting the duration and extent of use.
(6) If suggestions for improvement or further development of the platform are made by a user through the feedback function on the platform, the user maintains no right to these suggestions.