Terms and Conditions

What can we expect from each other?

Thank you for wanting to be part of a world where we help underprivileged children to a hopeful future. We hope that you will also experience happiness during your trip through your contribution to the well-being of others.

These Terms of Use (the "Terms of Use") provide a set of rules regarding the use of the Nofam App, the mutual communication via the App and what it does and what is not allowed.

By using the App you agree to these Terms of Use. Nofam recommends anyone (a "User") using the App to familiarize themselves with these Terms of Use.

In short

Nofam enriches people's lives by helping underprivileged children to a hopeful future.

Below are the conditions that explain how you can use our services. They therefore also form the formal agreements between you and us.
In this chapter you will find the main points of the conditions. We recommend that you read the further details as well.

When you use our services:

1. You agree to treat all App parties with respect;

2. Take ownership of the content you post, including images and videos, and are you responsible for that content;

3. We do not use the content posted by you outside the Nofam platform, unless we have reached an agreement with you;

4. Do you agree with the privacy statement that we have prepared here;

5. You cannot post and/or receive content that is not legally or morally permitted by Nofam;

6. Cannot share your content received via the Nofam app on social media without explicit permission from the Foundation supporting the child;

7. Are there any rules that limit our responsibility regarding the use of the Nofam platform.

Legal agreement

1 - Minors

Nofam's services are only accessible to underage Users if they have been granted permission to do so by their legal representative.

2 - Nofam Liability Limitation

Nofam excludes to the extent permitted by law, liability for damage suffered by a User by:

1. Use of Nofam's services;

2. Not or not securely available the App or parts thereof;

3. Incorrect information on the App;

4. Changes in the services/conditions of Nofam or changes in or on the App.

If Nofam is liable for whatever reason, the liability is limited to a maximum of:

1. The total compensation paid by the User to Nofam during the six months prior to the act, which created the liability

2. €150, whichever is higher.

3 - Changes to the Services and the App

Nofam may change/terminate the App or parts thereof and services. Nofam will direct to announce such change or termination within an acceptable timeframe before it is implemented.

4 - Complaints procedure

Complaints about Nofam's services can be submitted using the contact form. Complaints must be submitted within an appropriate time after you have noticed a defect in the service, whereby a period of two months will be timely. Complaints must be submitted fully and clearly described. Nofam will strive to provide an answer within 14 days of submitting the complaint. In the event that this is not possible, we will provide you with a guideline for the response time within 14 days of submitting the complaint.

5 - Other provisions

Nofam Foundation (“Nofam”) is located at J.G. Bastiaansstraat 19, 7425HL Deventer. Nofam is registered with the Chamber of Commerce under number 72173580.

Nofam may change the Terms of Use or parts thereof at any time. Nofam aims to announce such a change within a significant period of time before it comes into effect. The changes will be implemented within an appropriate period of time, after they have been announced or after you have made use of the Website and/or the services of Nofam again after the change, whichever comes first.

If Nofam does not enforce a decision in the Terms of Use, this does not mean that we waive the right to enforce this at a later date or against another User. Agreements that vary from what is stipulated in the Terms of Use are only valid if confirmed in writing by Nofam. If one or more decisions of the Terms of Use are declared invalid by a competent court, this will not affect the other provisions of the Terms of Use.

Notifications to Nofam can be sent to the Nofam Foundation, PO Box 7, 7670 AA, Vriezenveen. Notices to Users will be sent to the email address provided or by certified mail when an address is available. Notices made by certified mail will be deemed to be received in 5 (five) business days from the date of dispatch.

These Terms of Use constitute the agreement between the Nofam Foundation and you and supersede previous agreements. The agreements resulting from all Nofam services and the Terms of Use are governed by Dutch law. In the event of a dispute arising from these agreements or from the Terms of Use, only the court in Almelo will have jurisdiction, unless the dispute has been submitted to the Foundation for Disputes Committees for Consumer Affairs. You can also submit your complaint to the Disputes Committee via the European ODR Platform. If the User acts as a consumer, this User also has the option within one month, after Nofam invokes the jurisdiction of the court in Almelo, to opt for the dispute to be settled by the competent court according to the law.

6 - Rules for communicating with the supported child

1. Nofam connects Guardians and children

Nofam is a platform where a donor (“Guardian”) can be linked to a underprivileged child.

The underprivileged child is represented through a Nofam partner foundation (“Foundation”).

2. General rules for receiving and posting updates in the App

2.1 Updates placed in the App by a Guardian and/or Foundation must comply with the following general rules:

a. The content posted (photo and/or video and text) must comply with Nofam's guidelines (see 6.2.2).

b. The posted content has the primary purpose of informing the recipient (User and/or Foundation and child) of the development on the part of the Child or the Guardian.

2.2 Update content that is not allowed:

a. A photo and/or video may in any case not contain discriminatory, pornographic, insulting or/and threatening or offensive content. The photo and/or video may not contain political messages and personal data of third parties or be contrary to public order or morality.

Both Users and Foundations should observe themselves when posting content. Users and Foundations are expected to comply with the laws and regulations in the field of content. In case of doubt, Nofam recommends that you obtain information or advice.

2.3 No infringement of intellectual property rights of third parties

a. It is not allowed to post content that infringes the intellectual property rights of third parties. This means, among other things, that it is not allowed to post a photo or video that:

1. Infringes the copyright of another party. Without the consent of that other party;
2. Infringes the trademark of another party. Without permission. Or
3.Infringes the design right of another party. Without permission.

4. Shared content

4.1 Nofam reserves the right to monitor the shared content in order to protect the privacy and safety of the child.