General Terms & Conditions

This site (hereinafter the “iRaiser fundraising platform “) is hosted and powered by iRaiser Group SAS located at 199 route de Clisson – 44230 Saint-Sébastien-sur-Loire, ("iRaiser") for exclusive use by the Olympic Refuge Foundation (“ORF”) with office in Maison Olympique, 1007 Lausanne, Switzerland.
The ORF is an international non-profit, non-governmental organisation whose aim is to launch sports programmes for children, young people and vulnerable populations and to contribute to their protection, health, well-being, gender equality, integration, youth development, education, social inclusion and the promotion of peace.
The ORF, as data controller, manages the data received through the iRaiser fundraising platform.
The iRaiser fundraising platform offers to facilitate fundraising for non-profit organizations (foundations, NGOs, charities and more) such as the ORF. The iRaiser fundraising platform therefore serves as an intermediary between the ORF on the one hand, and persons (natural or legal) wishing to make a donation to the causes concerned on the other hand (hereinafter referred to as “User(s)” or “Donor(s)”).
The iRaiser fundraising platform is available on the Website https://donate.olympicrefugefoundation.org/ or through a link that will be sent to Users, including through social media such as Meta, Instagram, Twitter (X) and Linkedin.

1. Scope of these General Terms and Conditions

These General Terms and Conditions of Use (hereinafter: “General Terms and Conditions";) are applicable to all services provided on the iRaiser fundraising platform to any User of the iRaiser fundraising platform.
By using the iRaiser fundraising platform and ticking dedicated consent box when online fulfilling the donation form, the User acknowledges that he/she is bound by these General Terms and Conditions, which he/she declares having read and accepted.
In the event of disagreement with these General Terms and Conditions, the User undertakes to leave the iRaiser fundraising platform and not to use the services it offers.
The ORF reserves the right, at its sole discretion, to modify these General Terms and Conditions at any time. It is the User's responsibility to consult them regularly in order to be informed of any changes. The General Terms and Conditions applicable at the time of the User's donation shall apply, unless the User has expressly agreed in writing to other provisions.

2. Conclusion of the donation contract, Donor screening and right of refusal

Subject to article 9 below or in the event of any refund to the User should the donation be not accepted, the conclusion of the donation contract occurs at the moment when the User transfers the sums relating to his donation by confirming the payment through the use of the iRaiser fundraising platform.
The ORF may perform appropriate due diligence reviews on Donors prior to and/or following receipt of a donation. Such due diligence review may be based on Users' personal data sourced from publicly available sources which can typically relate to Users' identity and contact details, financial history, professional and business background, criminal history, personal reputation and integrity, legal and regulatory compliance and sources of funding.
 
The due diligence aims at ensuring that the ORF complies with its legal and regulatory obligations and that the User's donation is in support of and consistent with the ORF statutes and regulations and the Fundamental Principles of Olympism set out in the Olympic Charter. In case due diligence does not bring satisfaction to the ORF, it reserves the right not to accept the donation and reimburse the Donor as set out in below paragraph.
In any event, and notwithstanding anything to the contrary herein, the ORF reserves the right not to accept any donations from Users at its entire discretion. In case of refusal of a donation, the ORF will notify the Donor of the same and fully reimburse the amount donated, to the exclusion of out-of-pocket expenses generated by such reimbursement. The Donor shall have no claims or rights of action whatsoever against ORF in case of refusal of a donation according to present article 2.

3. Amounts and commission

Unless otherwise agreed, all amounts are quoted in United States Dollars (USD) outside Europe, and in Euro (Eur) in Europe.
The amounts quoted are exclusive of tax. Additional amounts may therefore be added to the prices indicated, in particular the additional amounts relating to value added tax (VAT), where the latter applies.

4. Payment

The maximum donation amount on the iRaiser fundraising platform is set to USD 100’000.-. The amount relating to the donation must be paid in full by the User as soon as the donation commitment is taken.
Subject to article 2 of these General Terms and Conditions, the donation is irrevocable and may not be reclaimed by the Donor for any reason whatsoever.

5. Minimum age

To be able to use the iRaiser fundraising platform, the User certifies that he/she is 18 (eighteen) years of age or older and that he is has reached the legal age under the laws of his country of residence to validly engage in any donations.

6. Obligations and legal status of the User

The User is required to take all necessary measures as soon as possible so that the ORF and iRaiser can provide its services. The User must take all such measures at the place, time and in the manner agreed. Depending on the circumstances, the User will also be required to provide all necessary information and documents to the ORF.
The User expressly undertakes:

 
By submitting a donation, the Donor expressly
  1. Understands that she/he must share with the ORF and iRaiser her/his personal data (such as name, surname, e-mail address, IP address, home address, credit card number, credit card expiry date, credit card CVC number) as necessary to be able to make a donation on the iRaiser fundraising platform and
  2. understands that the ORF and iRaiser do not keep any credit card details of the Donor and that ORF shall only keep: Donor’s name, e-mail address, home address, the amount of the donation and the date of payment (both a) and b) according to article 12 herein).
7. Availability of the Website and necessary material

To be able to use the iRaiser fundraising platform, the User must be in possession of the following elements:

The iRaiser fundraising platform is in principle accessible 24 hours a day, 7 days a week except in the event of maintenance, technical failures or in the event of force majeure. Maintenance interventions may be carried out without prior notice to the User.
The ORF shall in no event be liable for any inability to access the iRaiser fundraising platform, failure of services provided by third parties (e. g. payment services, etc. ) and for any damage arising out of such inability to access the iRaiser fundraising platform or failure of services provided by third parties for any reason whatsoever.

8. Auxiliaries

The ORF expressly reserves the right to engage auxiliaries in order to manage the iRaiser fundraising platform.
 
9. Cancellation of the donation contract

Subject to article 2 of present General Terms and Conditions, as soon as the donation has been made, this contract cannot be cancelled unless otherwise permitted by law (cf. art. 249-250 CO).
Any claims on this subject are to be addressed directly and exclusively to the ORF, excluding any claims against iRaiser and the iRaiser fundraising platform, which act only as intermediaries. Article 2 of these General Terms and Conditions remains reserved.

10. Guarantee and responsibility

The services powered by iRaiser but offered by the ORF are provided without any guarantee whatsoever. ORF may under no circumstances be held liable for any defect resulting from the services.
ORF declines any responsibility in relation to the use and receipt of services it offers as well as those provided by its agents, representatives, employees, sub-contractors and auxiliaries. This limitation of liability does not apply in the event of fraud or gross negligence of ORF's organs. Any liability of ORF for acts or omissions of ORF's auxiliaries is excluded.
The User is aware that the ORF cannot be held liable for the services provided by another User and that any claims should be directed directly against this third party to the exclusion of any liability of the ORF.
Any liability for indirect or consequential damage is also excluded.
Any information provided in the iRaiser fundraising platform is provided exclusively for information purposes and cannot in any way engage ORF's liability. The information may be modified or updated without notice. ORF cannot under any circumstances be held liable for any shortcomings and/or errors that may be contained in the iRaiser fundraising platform. Users are solely responsible for the accuracy of the information they publish.
The Users are required to immediately inform the ORF of any damage.
The User accepts that any third parties, distributors or agents may work independently of the ORF and that potential claims must therefore be made directly against them. ORF declines all responsibility in the event of contractual violations committed by potential third parties (e. g. another User) agents or distributors.

11. Intellectual property rights

The ORF and iRaiser have all the rights to the services offered.
Neither these General Terms and Conditions nor any individual agreements relating to the iRaiser fundraising platform potentially concluded with Users may deal with the transfer of intellectual property rights, unless expressly provided for.
In addition, any re-use, publication or dissemination of information, images, texts or any other elements that the User receives in connection with any donation made or the receipt of services provided through the iRaiser fundraising platform is excluded, unless expressly authorised by the ORF.
The User must ensure that he/she does not infringe any intellectual property rights when using content, images, texts or figurative elements, when using them in connection with the iRaiser fundraising platform. All rights of reproduction and representation are reserved, including downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally all the elements composing the iRaiser fundraising platform may not be represented, reproduced, exploited or extracted, in whole or in part, on any medium whatsoever, without ORF’s express prior authorization.

12. Data protection and privacy

The ORF, as data controller, manages the data received through the iRaiser fundraising platform powered by iRaiser.
The iRaiser fundraising platform is hosted exclusively at data centres in Europe (Ireland and Germany) of Amazon Web Services (AWS).
The ORF, as controller, is responsible for processing the personal data of the Donors collected through the iRaiser fundraising platform, in compliance with applicable data protection laws. The ORF takes all necessary measures to ensure appropriate level of data protection in accordance with legal provisions. The User understands that her/his personal data will be processed by the ORF for the purposes of receiving the donation and issuing the relevant tax statement as well as for any other purposes required by law. The ORF may also use Donors' personal data in connection with performance of these General Terms and Conditions (including for due diligence purposes, as described under article 2) and in order to contact them whenever deemed relevant. The ORF can use the Donors' personal data to propose them additional fundraising opportunities, inform them on the use of donations proceeds and/or share the ORF's non-profit activity with Donors believed to be interested therein. The Donor’s personal data will also be processed and made accessible to iRaiser, as ORF's processor, and its own sub processors for the purposes of providing services through the iRaiser fundraising platform.  The Donor is aware that the ORF may communicate her/his personal data within or outside of Switzerland or the European Union and particularly to Amazon Web Services for reasons of data storage, and to Stripe – in charge of processing the donation payment - or in the event of a binding and enforceable order from a court or an authority requiring hand over of personal data of Donors. Such international transfers of personal data outside Switzerland and the EU can lead to Users' personal data being processed in jurisdictions where no adequate level of data protection is guaranteed by local legislation, such as the United States of America. To the extent the ORF transfers personal data outside of Switzerland and/or the European Union, it ensures that appropriate safeguards are implemented as required by applicable law. This may be the case, for example, by using standard contractual data protection clauses approved by the Swiss Federal Data Protection and Information Commissioner and the European Commission, or by using a legal framework offering equivalent guarantees, such as the US Privacy Framework for ORF's service providers and processors and sub-processors located in the United States. The ORF may also transfer Users' personal data to third countries without adequate data protection legislation based on their prior consent.
The ORF may retain data regarding a particular Donor for AML/CTL, tax and accounting purposes and more generally for documenting and verifying compliance with ORF's ethical standards and internal guidelines (such as statutes, regulations and the Fundamental Principles of Olympism) for up to 10 years after the relevant donation or, in the case of a recurring Donor, up to 10 years after the end of the relationship with that Donor. The ORF may perform updated checks more often and/or retain data for longer if warranted by particular circumstances (e.g. cause for concern or legal action).
For more information about how the ORF handles personal data, including how to request access, deletion, or to ask any questions related to its use, please contact the ORF by using this email address: privacy@olympic.org.

13. Hypertext links

The iRaiser fundraising platform may contain hypertext links to other websites (Instagram etc). The User visits these websites under his sole and entire responsibility. The ORF cannot under any circumstances be held liable for any damage resulting from the consultation of these sites or their content.

14. Completeness and salvatory clause

These General Terms and Conditions replace any previous agreements or provisions concluded with Users with the same subject matter. Only the provisions of individual contracts that expressly specify a deviation to these General Terms and Conditions may take precedence over them.
The validity of these General Terms and Conditions shall not be affected if any of its provisions or annexes is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that is close to the purpose of the invalid or void provision. The same applies in the event of a possible contractual gap.

15. Confidentiality

The User and the ORF undertake to keep secret all information that has been exchanged or acquired in the course of the services performed and received and donations made under these General Terms and Conditions by means of usage of the iRaiser fundraising platform.
The obligation of confidentiality shall survive indefinitely after the end of these General Terms and Conditions contract.

16. Applicable law and jurisdiction

These General Terms and Conditions shall be governed and interpreted by the substantive laws of Switzerland, without reference to conflict of laws. Any dispute arising from or in connection with the execution or interpretation of these General Terms and Conditions or breach thereof which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of the Courts of Lausanne, Switzerland.

17. Tax deduction

If you are tax resident in Switzerland, your donation to the ORF is tax-deductible.
The Donor accepts to provide the ORF with the necessary information required by the laws and regulations applicable to it to obtain a tax deduction receipt and the Donor allows transfer of such necessary information to the separate legal entity issuing the tax deduction receipt.
 
 
18. Contact Information

For any question or request for information, the User can send an email to the following address: iraiser@donation.orf.org
We will be happy to answer you!
 
For any data protection and privacy queries, including in case of exercise of your data subject access rights, please direct your questions and remarks to the following dedicated email address: privacy@olympic.org.