UBI4ALL Terms & Conditions
A. General information
C. Conditions for supporters
D. Conditions for participation in raffles for unconditional basic income
E. Final provisions
A. General information
1.1 Provider of the online service “www.ubi4all.eu” (hereinafter also referred to as “the service”) and therefore contractual partner of the user of the service (hereinafter also referred to as “user”) is UBI4ALL Stichting (hereinafter also referred to as “UBI4ALL”).
1.2 The following provisions contain the conditions and rules of conduct for the use of the service, the support as well as the participation in raffles and are binding for all legal transactions and acts similar to legal transactions which are carried out between UBI4ALL and the user. Furthermore, the terms and conditions regulate the relationship between the users among themselves as far as interaction and communication in and via the service is concerned.
2. supplementary conditions
These terms and conditions are supplemented by terms and conditions for individual prize draws as published on www.ubi4all.eu.
1. the use of the service
1.2 The use of the service (“surfing”) is generally permitted to all people. Active use includes, in particular, registration for the raffle of Unconditional Basic Income, which at the time of the raffle is only permitted to persons aged 16 or over and resident in the European Union.
2. discontinuation of projects/prohibited projects
2.1 The user is obliged towards UBI4ALL not to post any content that is of an illegal nature or illegal content or – for whatever reason – which may not be carried out or advertised in the Netherlands or only under certain conditions. Against this background especially projects which and/or their content fall into the following categories are inadmissible:
– means of propaganda within the meaning of the Dutch law [§§?] and projects which contain or refer to the characteristics of unconstitutional organisations;
– projects whose content and/or aims are directed against the free democratic order or the idea of international understanding;
– projects whose content discriminates against people on the basis of their origin, appearance, abilities, sexual orientation, gender, social background or age;
– projects which depict or refer to cruel acts of violence against human beings or animals in a way which glorifies or trivialises such acts of violence or which depicts the cruel or inhuman nature of the act in a way which violates human dignity;
– operations which glorify war;
– projects which, or the content of which, offends against human dignity, in particular by depicting or describing people who are or were dying or who are or were subjected to severe physical or mental suffering, whereby an actual event is portrayed without there being a legitimate interest in this form of depiction or reporting; consent is irrelevant;
– projects which violate or are expected to violate the Weapons Act;
– projects which depict or describe children or young people in unnatural gender-emphasized postures, which are pornographic, in particular if they involve violence, the sexual abuse of children or young people or sexual acts of people with animals, as well as content which for other reasons violates regulations for the protection of young people; this also applies to projects which even refer to or hint at such content and/or objectives;
– projects which promote games which require state permission or which involve or advertise chain letters, pyramid schemes, betting or related matters;
– projects which are insulting, defamatory or otherwise offensive and/or show racist, anti-Semitic, anti-Islamic tendencies;
– Projects which violate the right to protection of privacy and intimate sphere as well as the right to one’s own image and/or threaten or otherwise put or would put pressure on others in any way would be carried out;
The user is obliged, with regard to this point 2.1, to examine the projects he intends to stop.
3. rules for other user content / user photos
3.1 The provisions of section 2.1 apply in full to all content that the user places on the service, i.e. in particular texts and images.
3.2 The user must pay particular attention to copyright and ancillary copyright positions of third parties if he himself is not the author of the content in question.
4. rights of use of content
4.1 The user who places content in the service grants UBI4ALL transferable simple, spatially and temporally unlimited rights of use to the content to the extent necessary for the operation of the service.
4.2 Against this background, the user particularly grants UBI4ALL the right to make the relevant content technically available to the service for retrieval and to make the necessary reproductions (saving on the servers etc.). Furthermore, the user grants UBI4ALL the right to edit the contents in order to be able to present them better on the website. Furthermore, UBI4ALL has the right to make the contents publicly accessible within the framework of the service, to send and otherwise publicly reproduce the contents, whereby this also includes in particular making the contents accessible or sending by transferring the contents to fixed or mobile terminals of other users within the framework of automated subscription services (push services) or retrieval services (pull services) (e.g. via podcasting, RSS feed, Atom feed, XML interface or other technologies). The right to broadcast is understood to include, in particular, the right to reproduce content in the service by continuous transmission of the data (streaming), including the possibility of arranging the stream in such a way that the data broadcast can be stored by the recipient.
5. commercial use / other improper behaviour
5.1 The Service is intended for private use only. Use for commercial and/or business purposes is not permitted. This applies in particular to the offering of goods or services of any kind against payment or the invitation to submit a corresponding offer, and the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (Premium SMS) within the scope of the Service. This prohibition applies in the same way in the relationship between users, provided that the communication in question is made using the Service and its functions, as well as to the advertising of products and services offered by third parties against payment.
5.2 Furthermore, the User may not use any automatic or manual procedures to read, store, process, change, forward or otherwise misuse data from the Service. No e-mails may be intercepted.
5.3 The User may not introduce viruses, Trojans and corresponding scripts and programs or similar malicious code into the Service. The sending of spam e-mails is also prohibited.
5.4 In particular, the publication, sending or other transmission of personal data of other users or third parties is also prohibited.
6. Newsletter / Advertising
On explicit request UBI4ALL sends the user an e-mail newsletter to his e-mail address at appropriate intervals, which contains editorial information from and about the offer of UBI4ALL (e.g. that a new basic income is drawn by lot). Furthermore, UBI4ALL reserves the right to inform the user by e-mail about its own products and offers of third parties. The user has the possibility to unsubscribe from the newsletter at any time, for example by choosing the corresponding function in the newsletter itself or by sending an e-mail to email@example.com.
7. warranty and liability of the user/release with regard to illegal content
7.1 The user guarantees to UBI4ALL that he/she is entitled and in a position to transfer the rights to the extent determined by clause 6. The user further guarantees towards UBI4ALL that he/she will not place any content in the service whose subject matter or content violates clauses 4, 5 and 7.
7.2 The user is solely responsible for all content posted by him/her as well as for the existence of any legal positions required for this. UBI4ALL does not check the contents posted by the user.
Any further claims for damages by UBI4ALL remain unaffected.
8 Liability of UBI4ALL
UBI4ALL is basically liable according to the legal regulations. However, two restrictions apply: If damages to the user result from the loss of data, UBI4ALL is not liable for this insofar as the damages would have been avoided by regular and complete back-up of all relevant data by the user. In the case of only slightly negligent actions or omissions, UBI4ALL’s liability is also excluded for contract-untypical or unforeseeable damages, provided the damage does not affect life, body or health.
9. vicarious agents
UBI4ALL reserves the right to use third parties to fulfil contractual obligations.
11. termination of the user agreement
11.1 The user relationship can be terminated by the user at any time, by UBI4ALL with a notice period of two weeks. Both parties reserve the right to terminate the contract without notice for good cause. Each termination requires text form, i.e. at least one e-mail.
11.2 After termination of the contract all user data will be deleted, unless storage is required for legal reasons. A reactivation is therefore not possible.
11.3 If UBI4ALL declares extraordinary termination to the user, the user may not re-register for the service without the consent of UBI4ALL.
C. Conditions for supporters
1.1 UBI4ALL mediates donations of supporters to the recipients of basic income (beneficiaries) and collects donations for the realisation of its organisational purposes.
1.2 All payments of the supporters (one-time payments, current payments) into the “pot for basic income” are administered by UBI4ALL in trust and are used on behalf of the donors exclusively for the payment of unconditional basic income to the beneficiaries.
1.3 Donations are used by UBI4ALL exclusively for the realisation of its purposes.
2. provision on the use of payments of the supporters
2.1 Supporters can decide whether their one-off or ongoing payments are to be granted as a donation for the purposes of UBI4ALL or as a gift to the basic income pot, or how a payment is to be divided between the two purposes.
2.2 In the absence of a provision on the use, UBI4ALL is entitled to collect up to 50% of the payment as a donation. In case of payments over 1.000 € UBI4ALL will ask the supporter how the payment is to be used, if contact can be established.
3. payments into the pot for basic income
3.1 Payments into the pot for basic income are made by the supporter with the condition and instruction that UBI4ALL administers these funds, together with all other payments into the pot for basic income, in trust and separately from its other assets for the supporters and forwards them to recipients of Unconditional Basic Income as donations by the supporters. The transfer is anonymous. UBI4ALL will neither disclose the names of the donors to the beneficiaries nor the names of the beneficiaries to the donors.
3.2 The supporters authorise UBI4ALL to select the recipients of their donations from the applicants. The selection is currently made by drawing lots.
3.3 The supporters authorise UBI4ALL to determine the amount of the donations. At present, basic income of 9.600 € per recipient, payable in 12 monthly instalments of 800 € each, is drawn by lot.
3.4 When forwarding the donations, the payments received first are considered to be used first (first-in, first-out) and distributed equally to all recipients of the respective forwarding.
3.5 The supporters waive claims for repayment of payments not yet forwarded to the basic income pot. If UBI4ALL finally stops granting unconditional basic income, a remaining balance of the funds administered in trust, which is smaller than the amount of a last granted basic income, can be allocated to UBI4ALL to pursue its organisational purposes.
3.6 Proof of proper use
UBI4ALL will have the proper administration and use of the funds in the basic income pot audited by an auditor and will publish the audit result in its annual report.
Donations to UBI4ALL will be used exclusively for the statutory purposes. Upon request the donors will receive a donation receipt (“donation certificate”). For donations for forwarding to recipients of basic income no donation receipt can be issued.
D. Conditions of participation in prize draws for unconditional basic income
1.1 All persons who have reached the age of 16 years and are resident in a member state of the European Union at the time of registration are eligible to participate.
1.3 People who have not contributed to the financing of the basic income by donation can also explicitly take part. There is therefore no connection between the support and the possibility of winning.
1.4 Each person can only take part once per raffle via the website.
1.5 Effective participation in a raffle is only given if the full name (all first and last names, as on a valid official ID document or birth certificate), the date of birth of the participants and the EU country of residence have been entered completely and correctly in the registration form.
1.6 Participation in a prize draw is not associated with the purchase of any goods or the use of any service.
2. exclusion from participation
2.1 People who have already received a basic income or who are already receiving a basic income within the meaning of these conditions on the day of the draw are excluded from participation.
2.2 In case of violation of these conditions of participation UBI4ALL reserves the right to exclude persons from participation in raffles.
2.3 If the raffle or the participation in it is prohibited at the place of participation by law or other regulations, participation from this place is unfortunately not possible.
3. implementation of the raffle
3.1 The dates of the raffles and the number of basic incomes drawn in each case are announced at www.ubi4all.eu.
3.2 The raffles will be filmed and then made available online for viewing. The exact date of the raffle will be announced at www.ubi4all.eu.
3.3 The prize draws can also be shown via livestream on a publicly accessible channel (e.g. YouTube or TV) and then made available for viewing online.
3.4 When participating in a raffle, all participants will receive lottery ticket numbers which will be sent to them by email. In the public raffle, a winning number is generated for each basic income to be drawn. The participants with ticket numbers corresponding to one of these winning numbers have won.
3.5 Legal recourse, e.g. due to alleged or actual errors in the execution of the raffle, is excluded.
4.1 Winners will be notified by e-mail and their full name and country of residence will be published on www.ubi4all.eu. The winners expressly agree to this form of publication.
4.2 The winners are obliged to prove that the information provided for participation (full name, date of birth, country of residence) is true. The date of birth and the e-mail address will not be published.
4.3 If winners do not respond within three weeks of receiving notification of their prize, their claim to the prize shall lapse. The participants are responsible for the correctness of the e-mail address provided.
4.4 The basic income is paid out by transfer to an account in the SEPA payments area. Transaction costs or fees for transfer by other means will be deducted from the prize.
4.5 There is no legal entitlement to payment of Unconditional Basic Income and no notification of the prize is required.
5 Premature termination of the raffle
5.1 UBI4ALL reserves the right to cancel or terminate a raffle at any time without prior notice. UBI4ALL makes use of this possibility in particular if for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons a proper execution of the raffle cannot be guaranteed. If such a termination was caused by the behaviour of a participant, UBI4ALL can demand compensation for the damage caused from this person.
5.2 Fulfilment and compensation claims of the participant in case of premature termination of the lottery are excluded.
6.1 The winners receive an Unconditional Basic Income, which is granted in monthly amounts for a certain period of time. The number, amount and term of the basic income drawn will be announced on www.ubi4all.eu before each draw.
6.2 Payment is made at the beginning of the month. The first month of payment is the following month of the prize, but at the earliest the first month after successful verification of personal data.
6.3 A person can only win once in the same raffle.
6.4 There is no entitlement to a one-off payment of the winning amount under any circumstances.
7 Supplementary conditions for individual raffles
Further conditions for individual raffles will be announced with the announcement of the respective raffle on www.ubi4all.eu.
E. Final provisions
1. data protection
2.1 The announcement of the winners is without guarantee.
2.2 UBI4ALL as the organiser is not liable in any form for direct or indirect damages resulting from participation in the raffle or the inaccessibility of the internet server, unless these are due to grossly negligent or deliberate action for which the organiser is responsible.
3. amendment of these conditions, applicable law
3.1 UBI4ALL reserves the right to change the conditions at any time and without giving reasons. The new conditions will be sent to the user by e-mail.
3.2 The new terms and conditions of use are deemed to have been agreed if the user does not object to their validity within six weeks of receipt of the e-mail. The objection must be in text form. UBI4ALL will inform the user separately in the e-mail about the possibility of objection, the deadline and the consequences of the user’s inactivity. If the user objects, each party has the right to terminate the user agreement in text form with the period of notice applicable for ordinary termination.
3.3 The possibility of amending the Terms and Conditions in accordance with the above provisions does not apply to changes that affect the content and scope of the core use of the Service to the detriment of the User, nor to the introduction of new obligations for the User that were not previously set out in the Terms and Conditions. If changes to the conditions should be made in this respect, UBI4ALL will offer the continuation of the user relationship under the new conditions.
3.4 The contractual relationship between UBI4ALL and the user/participant/subscriber as well as these conditions are exclusively subject to the law of the Netherlands.