GCU

General conditions
Article 1 - Presentation of the site

• The publisher of the website " www.naojo.com " and its derivatives (such as www.naojo.be, www.naojo.eu, www.naojo.fr,...) is the company FORTUNOO sprl which is a private limited liability company under Belgian law registered at the Crossroads Bank for Enterprises under the number 0649.718.470 and VAT BE0649.718.470 and whose operational headquarters are located in Silversquare, Rue Arnaud Fraiteur 15/23, 1050 Brussels in Belgium. NAOJO is the commercial name of the platform and the service offered since October 1st, 2018 (previously the commercial name of the platform was FORTUNOO). Below called FORTUNOO (company name; publisher) or NAOJO (trade name; name of the platform).

• FORTUNOO is a service company offering its original NAOJO Internet platform dedicated to entities legally authorized to organize draws (raffles) under the law of December 31, 1851 on raffles, allowing them to organize their draw(s) online in order to raise funds.

• By using or consulting the NAOJO Internet platform and making use of its service, the User acknowledges having read the General Terms and Conditions of Use (GTCU) and fully accepts its terms. NAOJO advises each User to read these GTCU carefully before using this platform and at regular intervals during its use.

Article 2 - Legal basis

• The principle of raffles (draws) to award the Experiences referred to in the NAOJO service falls within the scope of the Penal Code and the law of December 31, 1851 on raffles (draws).

• By virtue of Article 1 of this law, raffles are prohibited on Belgian territory.

• However, article 7 provides for exceptions to this principle. Thus, raffles may be authorized exclusively for the purpose of : (i) acts of piety or charity, (ii) the encouragement of industry (in general) or the arts, (iii) any other purpose of public utility.

• According to a constant administrative practice, only applications from non-profit associations or establishments of public utility - whose articles have been published at least 5 years previously in the Appendices to the Belgian Official Gazette or have been approved by royal decree for at least 5 years - can be taken into consideration for the granting of such an authorization.

• FORTUNOO therefore acts as a service company that makes its NAOJO platform available to organizations authorized to organize raffles. NAOJO is responsible for the smooth running of its platform, under the conditions set forth in these TOS. The Partner - an entity authorized to organize raffles - is the organizer and is solely responsible for the general organization of its operation, the amounts raised will be used to implement its social objectives.

Article 3 - Definitions

Words and terms used in these GTCU document shall have the meanings set forth below, unless the context clearly states otherwise.
• “Participant": A natural or legal person registered on the NAOJO Site by having opened a "Participant Account" using the form available in order to participate in draws offered exclusively on NAOJO.

• “Provider": a natural or legal person offering a good or service in a draw, for which a minimum of fifty percent of the amount of the draw will be donated to a charity. A Provider has previously registered on the NAOJO platform and has a User Account.

• “Experience": An Experience is an unique/extraordinary/exceptional good, service or encounter offered to participants (contributors) to be won in support of an awesome cause. This Experience is drawn at random among the donors.

• “Sweepstake": an operation that uses only random means to identify a winner and which falls within the scope of the Penal Code and the law of December 31, 1851 on raffles. A synonym of the word "Sweepstake" is "Draw".

• “User Account": personal account opened by a Participant and/or Provider and managed by NAOJO which allows the Participant to participate in raffles organized by the PARTNER on the NAOJO platform and allows the Provider to offer an Experience for the PARTNER's operation.

• The "Target": the maximum amount that can be raised for each Experience submitted on the NAOJO platform through the purchase of tickets by the Participants within a given period of time. This is called "Target" because, in accordance with the regulations governing the draw (raffle), the maximum number of tickets issued is fixed and must always be communicated to the participants via the draw rules. This is a legal obligation.

• The "Threshold": The "Threshold" applies exclusively to the "Good" Experiences. It represents the minimum amount of fundraising necessary to reach in order for the draw to take place at the end of the subscription period within the regulations of the Experience. The "Threshold" is intended to cover the minimum cost of a good without any profit in order to be able to offer it as a lot (Experience).

• “User": an individual using the services of the NAOJO platform, whether as a simple visitor, Participant or Provider.

• “Partner" or "Association": entity legally authorized to organize raffles in Belgium organizing one or more draws on the NAOJO platform. The Partner is solely responsible for and organizes its raffle operations.

• “NAOJO Services": A set of services offered exclusively on the NAOJO platform, the majority of which are raffles organized by and for authorized entities.

• “Rules" or “Regulations”: Each Experience has its own set of rules. These will include at least the purpose of the draw, the description of the Experience and its value, the number of tickets issued for the draw, the period of time during which it is possible to purchase an electronic ticket, the date of the draw and the association (PARTNER) organizing the draw and its Legal Authorization number to organize a draw.

Article 4 - Principle of the service provided by NAOJO

• NAOJO is an original fundraising platform that puts online solidarity raffles organized by associative partners to support an awesome cause.

• Together with the organizing social purpose associations, NAOJO encourages participating donors to support an awesome cause by offering them the chance to win an exceptional experience. These experiences are won by drawing among all the donors participating in the raffle, under the responsibility and control of the organizing Association.

• NAOJO therefore offers an e-platform to entities organizing raffles (the Partners), to link Participants and Experiences.

• NAOJO's objective is to help associations authorized to raise funds via this original means in order to implement their social projects. The Partner is the sole organizer and responsible for its raffle operation on NAOJO.

• NAOJO is not an organizer of raffles. NAOJO, with its fully digitalized solidarity platform, is a facilitator.

• Everyone has a chance to win the unique experience with a single donation (participation ticket). NAOJO differs from auction sites because it is not the highest bidder who will be able to win the unique experience.

• The heart of the NAOJO project is based around "life-time experiences" to raise funds and support an awesome cause.

• All Partners organizing their NAOJO raffle operations are entities legally authorized to organize raffles in Belgium according to the Royal Decree of Authorization granted to them by the Belgian Federal Public Service (FPS Interior).

• The Experiences put online are validated jointly by NAOJO and the Partner organising its raffle operation. The goal is to offer once-in-a-lifetime and original prizes.

• Given that the platform will operate in multi-association mode for the benefit of which the draws will be organised, NAOJO undertakes to always ensure that the Experiences do not harm another association operating on the platform (for the type of prizes/Experiences authorised, see Article 8).

• Valuation of the Experiences: In this respect, it is necessary to differentiate between the "Meeting" Experiences and the "Good/Service" Experiences. For a "Meeting" Experience (e.g.: a meet & greet with Barack Obama), the intrinsic value of this meeting is not valuable in itself. However, in compliance with the legislation in force, it is necessary to set a ceiling value for this Experience in order to calculate the maximum ticket issuance and to transparently inform all potential Participants. For "Good/Service" Experiences, in accordance with legal draw practices, the value of the Experience corresponds to its market value at the time of the draw. It represents 40% of the total amount of the draw ("The Target"). The fixed value of an Experience is clearly specified in the Rules and Regulations and may not be contested by any User or Participant.

• The planned number of tickets issued is calculated according to the value of the goods, the total amount of the participation and any additional costs (e.g. shipping costs). The total value of the draw, the Experience and the number of tickets issued are not subject to any dispute or claim regarding their evaluation.

• A specific period of time to purchase tickets and a draw date are determined and fixed in advance for each online draw and indicated in the rules and regulations.

• With the maximum number of tickets on sale set in advance (the Target), Donor-Participants can always assess their likelihood of winning the desired Experience. For example, if the value of a draw is €100 and 10 tickets are issued at €10 per ticket, the Participant has one chance out of ten to win by purchasing a €10 ticket.

• The single winner of the Experience is determined by a random draw using complex algorithms from all Participants who have purchased at least one ticket for the relevant draw. There is always one winner per draw and his/her username is displayed on the site after the draw.

• NAOJO may end the online publication of an Experience in the event of :
- failure to comply with these General Conditions;
- force majeure, as defined in article 12;
- serious or intentional fault on the part of the User;
- breach by the Participant of the obligations set forth in Article 8;
- breach by the Provider of the signed agreement or of the obligations set forth in Article 8.
- withdrawal of an Experience on the side of the Provider.

In the event of cancellation of a draw, the Participants will be fully reimbursed, unless they are at fault (see below - Article 8). No other compensation may be claimed by a NAOJO Participant.

• The theoretical amount of a draw, in accordance with Belgian legislation, is made up of three parts according to the formula 50 + 40 + 10 = 100 :
- 50 % : minimum paid to the Partner in order to finance its charitable goals;
- 40%: the value of the Experience offered online, corresponding to its market value at the time of the draw, including all costs of setting up the Experience. Only a differential of +/- 10% is legally permitted.
- 10% is the set-up fee.

• Sweepstakes of the winners. The possible scenarios are as follows:
1/ For the "Encounter" Experiences (e.g.: a dinner with Barack Obama):
Since the personalities offering a "Meeting" Experience do so free of charge to support an awesome cause, there will be a guaranteed draw in all cases to designate the lucky donor-winner, regardless of the minimum number of Participants (within the limit of available issued tickets). We therefore speak of a "guaranteed draw". All funds are attributed to the Organizing Association, less the organization fees.

2/ For the "Good " Experiences (ex. A silkscreen signed by Hergé):
There will be a draw in all cases to attribute the work to the lucky contributor, except in the case where the minimum to be reached (the "Threshold") has not been reached. The "Threshold" is intended to cover the minimum cost of a good without any profit in order to be able to offer it as a lot (Experience). If the minimum "Threshold" is not reached, there is no draw. The participants are reimbursed in full (without any fees), unless they decide on their own initiative to transform their participation into a donation for the association. It is always notified if the draw depends on a threshold to be reached.

• By offering its platform, NAOJO's goal is to help authorized associations to raise funds via this original means in order to be able to implement their societal projects.

Article 5 - Creation of a user account: "Participant" and "Provider"

• In order to participate in the NAOJO Site, either as a Donor-Participant (in order to purchase a draw ticket), or as a Provider (in order to raffle a good or service to support an awesome cause), the User must first create a personal account on the NAOJO Site.

• To be able to register on the NAOJO Website, the User must be of legal age (at least 18 years old). The User acknowledges that the use of the NAOJO Platform services is forbidden to minors and that he or she will not assist a minor in requesting the opening or use of an Account.

• The User may not open an Account or use NAOJO's services if he is, or has been within the last two years, an employee of FORTUNOO, the publishing company of the NAOJO Platform or its subcontractors, or if his position prohibits him from participating in drawing games.

• The User may only create one profile, but may be registered as a Participant and an Provider on the same profile. Consequently, any account opened with the same domicile / personal data / IP address will be immediately closed. Also, the creation of a profile in the name of a third party is prohibited.

• The User undertakes to provide accurate, precise, up-to-date and truthful information when registering and using the site, and to keep it up to date in the event of changes. When registering (or applying to open an account) on our site via the online registration form, he must at least declare the personal information necessary for the management of his account, as mentioned in the registration forms. He alone will bear the financial, logistical, administrative and/or legal consequences of inaccurate information (for example, the impossibility to inform him by e-mail that he is the winner of a draw within the time limit).

• NAOJO may at any time require proof of identity (e.g. identity card, electricity bill, etc.) to prove the accuracy of an account and the information provided for security reasons.

• By accepting these GTCU, the User certifies that the origin of the funds used to participate in the services offered on the NAOJO Platform does not come from illegal sources, and that under no circumstances will NAOJO be used to transfer funds. They will not use the NAOJO Platform for any illegal or fraudulent activity, nor for any prohibited transactions (including money laundering or financing of terrorism). NAOJO reserves the right to terminate or block the client account(s) at any time, until the problem is resolved, if NAOJO has any doubt as to the legality of the source of the funds used.

• NAOJO prohibits the use of robotic, automated, mechanical, electronic or other devices to register, whether such use is attempted or carried out by the User or by a third party.

• The User must not apply to open an Account if he or she is domiciled in a territory in which opening an Account and/or using the NAOJO Services to participate in draw services is illegal or contrary to the legislation applicable in that country. It is his or her responsibility to ensure that participation in online draws is legal. NAOJO cannot be held liable for any obligation of verification. NAOJO reserves the right to immediately terminate any account that has been opened by a Participant from another country.

• NAOJO cannot provide legal advice as to the legality of Internet draws in a country other than Belgium, nor can it accept any responsibility for any sanctions imposed on the User by the competent authority as a result of the illegal use of this site.

• To create an Account, the User must choose a username and password to be able to identify himself/herself on the Account. The username he chooses must not be already used, obscene, threatening, racist, offensive, pejorative, defamatory or in violation of the intellectual property or property rights of a third party. If NAOJO comes to consider that the Participant name chosen is inappropriate, it reserves the right to refuse the registration request or to prevent the use of such a pseudonym on the Site at any time without having to inform the User in advance.

• The User chooses his or her password at the time of registration. This password is strictly personal and confidential. The User is solely responsible for maintaining the confidentiality of the password. The User will not reveal the password to third parties, nor will he or she provide third parties with access to the web page in order to include or modify the information contained therein.

• Three incorrect entries of the User name and password will result in the temporary suspension of the User's Account, for security reasons. NAOJO reserves the right to require the submission of official identification with a photograph (copy of identity card, passport or driver's license) before reactivating it.

• The User is responsible for access to and use of NAOJO's services. In this respect, the User ensures that no other person will have access to the Site using his or her personal access code. In the event that Users become aware that another person is accessing the NAOJO platform with their personal code, they shall inform NAOJO without delay by sending an email to [email protected]

• If the User does not comply with these General Conditions of Use, NAOJO reserves the right to cancel his or her account as a member and to claim damages.

Article 6 - Use of a User Account

• Accounts are strictly personal. No other person other than the User may use the Account to purchase a raffle ticket or use it to accept lots. The User must especially ensure that minors and other persons do not have access to his Account.

• Under no circumstances should the User reveal his identifiers to a third party and will be solely responsible for their possible abusive or misappropriated use.

• Electronic raffle tickets are only valid once they have been taken into account by our servers. Until they are accepted by our servers, any information concerning a draw ticket constitutes a simple invitation to participate.

• To purchase a draw ticket, the User must have sufficient funds in his account.

• Once the ticket has been purchased and validated, the User is not entitled to request cancellation. Nor can he use his right of withdrawal in accordance with Article VI.53. of the Code of Economic Law. A ticket can never be refunded after the draw. An administrative fee of 25€ will be charged by FORTUNOO to a participating user for the handling of an undue cancellation.

• NAOJO reserves the right to refuse or limit any purchase of raffle tickets from NAOJO, at its sole discretion, for any reason whatsoever.

• NAOJO formally prohibits the use of robots, automatons, mechanical devices, electronic devices or any other device that allows automatic decisions on any draw on the Site. If NAOJO suspects the use of such a device on its platform, it reserves the right to suspend the Account in question during any investigation and to close the Account at its sole discretion. NAOJO considers the use of such devices to be an attempt at fraud and reserves the right to cancel any draw in progress.

• NAOJO may carry out random security checks at its discretion. Each User agrees that NAOJO may ask for additional information during a security check and that they may suspend, close their account or withhold payment until NAOJO receives the appropriate information requested.

• NAOJO reserves the right to modify, suspend or withdraw the use of all or only some of the NAOJO Drawing Services, temporarily or permanently, at any time, without notice or compensation, subject to compliance with its regulatory obligations and the fulfilment of all its other commitments under these General Conditions.

• The User is fully and solely responsible for any activity carried out under his/her access code. NAOJO is not responsible for any loss or damage that the User may have suffered as a result of the unauthorized use of his or her access code by others, even if the User was not aware of it.

• NAOJO reserves the right to deny access to its platform to any User who does not comply with the GTCU.

• In the event of a dispute, the Parties agree that the production by NAOJO of data relating to use of the Site, recorded on its servers, in particular nominative access codes assigned to Users, shall be deemed authentic between the Parties.

Article 7 - Creation of the contract between NAOJO and the Provider

• If the User is registered, he/she can submit a product/service as a Fundraising Experience to the Association Partner organizing a draw by clicking on the "Submit an Experience" link.

• From the launch of the NAOJO platform in October 2018, NAOJO will jointly validate the online availability of all the goods/services entered in the draw on its website, in agreement with the public purpose organization organizing the draw and responsible for it. No Experience may be put into print without its approval and control. Only the Experiences offered via the "Submit an Experience" section may be analysed and possibly put online.

• By offering an Experience on the NAOJO website, subject to the agreement of its partner organizing the draw and under its control, the Provider enters into a "Providing Contract" with NAOJO and undertakes to comply with these TOS, including the specific obligations of the Providers (see below - article 8).

• NAOJO and its Partner, who is the sole organizer and responsible for its draw, are the sole decision-makers in validating an Experience and putting it online. NAOJO and its Partner will not be liable for any justification in the event that a potential Provider refuses to accept an Experience suggested by a potential Provider.
If the User is registered, he/she can submit a product/service as a Fundraising Experience to the Association Partner organizing a draw by clicking on the "Submit an Experience" link.

• From the launch of the NAOJO platform in October 2018, NAOJO will jointly validate the online availability of all the goods/services entered in the draw on its website, in agreement with the public purpose organization organizing the draw and responsible for it. No Experience may be put into print without its approval and control. Only the Experiences offered via the "Submit an Experience" section may be analysed and possibly put online.

• By offering an Experience on the NAOJO website, subject to the agreement of its partner organizing the draw and under its control, the Provider enters into a "Providing Contract" with NAOJO and undertakes to comply with these TOS, including the specific obligations of the Providers (see below - article 8).

• NAOJO and its Partner, who is the sole organizer and responsible for its draw, are the sole decision-makers in validating an Experience and putting it online. NAOJO and its Partner will not be liable for any justification in the event that a potential Provider refuses to accept an Experience suggested by a potential Provider.
If the User is registered, he/she can submit a product/service as a Fundraising Experience to the Association Partner organizing a draw by clicking on the "Submit an Experience" link.

• From the launch of the NAOJO platform in October 2018, NAOJO will jointly validate the online availability of all the goods/services entered in the draw on its website, in agreement with the public purpose organization organizing the draw and responsible for it. No Experience may be put into print without its approval and control. Only the Experiences offered via the "Submit an Experience" section may be analysed and possibly put online.

• By offering an Experience on the NAOJO website, subject to the agreement of its partner organizing the draw and under its control, the Provider enters into a "Providing Contract" with NAOJO and undertakes to comply with these TOS, including the specific obligations of the Providers (see below - article 8).

• NAOJO and its Partner, who is the sole organizer and responsible for its draw, are the sole decision-makers in validating an Experience and putting it online. NAOJO and its Partner will not be liable for any justification in the event that a potential Provider refuses to accept an Experience suggested by a potential Provider.
If the User is registered, he/she can submit a product/service as a Fundraising Experience to the Association Partner organizing a draw by clicking on the "Submit an Experience" link.

• From the launch of the NAOJO platform in October 2018, NAOJO will jointly validate the online availability of all the goods/services entered in the draw on its website, in agreement with the public purpose organization organizing the draw and responsible for it. No Experience may be put into print without its approval and control. Only the Experiences offered via the "Submit an Experience" section may be analysed and possibly put online.

• By offering an Experience on the NAOJO website, subject to the agreement of its partner organizing the draw and under its control, the Provider enters into a "Providing Contract" with NAOJO and undertakes to comply with these TOS, including the specific obligations of the Providers (see below - article 8).

• NAOJO and its Partner, who is the sole organizer and responsible for its draw, are the sole decision-makers in validating an Experience and putting it online. NAOJO and its Partner will not be liable for any justification in the event that a potential Provider refuses to accept an Experience suggested by a potential Provider.

Article 8 - Obligations of Participants and Providers

• During the launch period of the platform, NAOJO and the association organizing the draw have put the Experiences online themselves on the basis of the suggestions and related information received from the Provider. However, by using the services of the NAOJO platform, the Provider undertakes to:
- Not to propose and put online prohibited goods and services such as (non-exhaustive list): absent goods, goods with firearms, explosives, ammunition, replicas and military goods, food goods, autographed goods, goods/services of a paedophile nature, goods/services of a sexual nature, goods with racist or discriminatory or offensive connotations, encryption and decryption goods, goods issued by the State, goods that are illegal/theft or concealment goods or incite to these practices, medical and paramedical goods, goods not homologous to traffic, goods coming from or going to countries under embargo, narcotic goods and drugs, goods official documents issued by the State, goods dangerous and illicit substances, goods material goods for opening locks, goods related to the police, goods/services for personal relations.
- Present the good or service online in the most realistic and honest way in the presentation sheet of the good or service;
- Present the delivery terms in the clearest and most transparent way;
- To be the owner of the good or service proposed;
- Propose the good or service at the real market price at the beginning of the draw (prohibition to propose an abusive price);
- To transfer the good (as well as its title) or the service at the end of the draw if the Threshold is reached and the draw is effective;
- Agree to comply with all national and international laws and regulations in force concerning the use of NAOJO's services.
- Not to charge the winner of the item/service any additional fees, unless otherwise stated in the description of the item/service posted online.
- Ensuring a quality service: by accepting that the Provider may offer and present an Experience on its platform for the benefit of an associative Partner organizing a draw, NAOJO expects Providers to constantly provide a quality service in order to guarantee a high level of satisfaction for all users of the NAOJO platform. To this end, they must offer excellent customer service from end to end of the relationship.
- Authorize NAOJO to communicate their contact details (email and/or telephone) to the Participant who will have won the prize drawn for the entry into possession of the good/service won.
- Under the responsibility of the Association Partner organizing the draw, make every effort to ensure the proper delivery of the Experience to the winner of the draw within 20 working days from the day of the draw for the draw concerned.
- Sign the Providing contract for the use of the NAOJO platform and provide a copy of both sides of his/her identity document.
- Keep and transmit, if applicable, any proof of the proper transmission of the Experience.
- Any failure on the part of the Provider to do so will expose the Provider to the payment of damages and interest for harm caused to the Organizing Partner, NAOJO and the Participants, as stipulated in the agreement signed between NAOJO and the Provider.

• By using the services of the NAOJO platform, the Participant agrees to :
- Read and accept the GTCU and the rules specific to each draw;
- Read the terms and conditions for receiving the good/service for which the Participant wishes to purchase a participation ticket.
- By purchasing a draw ticket on the NAOJO platform, the Participant acknowledges having fully understood the description of the Experience.
- Do not make artificial purchases of tickets in order to bias the normal draw process.
- Authorize NAOJO to communicate his or her contact details (email and/or telephone) to the Provider in the sole case where the Participant is the winner of a draw in which he or she has participated.
- If the Participant is the winner:
* Make every effort (including contacting NAOJO after being notified of having won an Experience) to ensure that the Draw Experience is received within 20 working days from the day of the draw for the draw in question, so that the Association can receive the benefits of its operation.
* Unless otherwise specified in the draw rules, notify NAOJO within a maximum of 20 working days from the date of the draw of the receipt of the Experience. Without such notice, receipt of the Experience will be deemed to have been received;
* Pay all legal transfer fees, excluding the price of the good/service drawn, that may be attributable to the Experience won; these will always be mentioned, if applicable, in the specific rules of the draw concerned.

• Any complaint concerning the conduct of a draw for an Experience may only be lodged within 5 days of the draw.

• The delivery or performance of the Experience (including delivery by shipment or receipt at a specific location) that is drawn is at the discretion of the Provider and is always clearly specified in the description of the Experience. The Participant participates in a draw with full knowledge of the facts.

Article 9 – Taking possession of the won Experience

• After the draw, under the responsibility of the Association Partner organizing the draw, NAOJO or the Association Partner will put the winning Participant in contact with the Provider to allow him/her to enjoy the Experience, whether it is of the "Encounter" or "Good/service" type.

• The method of taking possession of the "Encounter" Experience or the Good/Service Experience (sending or receiving from hand to hand) is always specified in the rules.

• Unless otherwise specified in the specific draw rules, it is the responsibility of the Provider or NAOJO's Associated Partner to ensure the proper delivery of the "Meet" Experience or the Good/Service Experience to the winner, within a reasonable period of time as provided for in the rules.

• If delivery by mail: the Provider will send an email to NAOJO at [email protected] to inform it of the dispatch of the Experience. The Provider is required to keep proof that it has properly dispatched or delivered the goods. Similarly, the winning Participant will send an email to NAOJO at [email protected] to confirm receipt of the Experience.

• NAOJO cannot be held responsible for the delivery of damaged goods or the loss of a product during delivery.

• In the case of hand delivery: the Provider is required to have the Winning Participant sign an acknowledgement of receipt of the good and communicate it by email to NAOJO.

• In the absence of these notifications from the Provider and the Winning Participant within the stipulated time limits, the good/service will be presumed to have been received in perfect condition and the operation will be considered validated. The amounts of the draw may then be delivered to the Association and the Provider.

• NAOJO and its Partner cannot under any circumstances be held responsible for any problems (i) regarding the effective transmission of the Experience to the winning Participant or (ii) during its use. The winning Participant may at any time refuse to take possession of the Experience, without any compensation being due. It goes without saying - and this is a commitment by NAOJO (see: Our commitments) - that everything possible is done to ensure that the Donor-Participant lives a unique Experience.

• The Participant who wins an Experience has 20 working days from the date of the draw to contact NAOJO. After this period, if he or she refuses the Experience, he or she will lose the benefit of his or her Experience, which will remain the property of the Organizing Association and will not be subject to any financial compensation or claim.

• Finally, by participating, winning a unique Experience and taking possession of the won Experience to raise funds for a social purpose association on our NAOJO platform, the winning Participant accepts that we may use his/her first name, surname, image (photo or video) to communicate about the won Experience and how it was carried out with him/her. The aim is to show the unique and very real side of the experiences that we offer on our platform. This includes that we may include the winning participant in the promotional materials of our platform, regardless of the medium (paper or online) and without compensation, in order to promote our NAOJO platform and continue to impact the world. This will be done in strict compliance with current legislation.

Article 10 - Personal data and respect for privacy

• NAOJO is in full compliance with Belgian privacy law and with the new General European Data Protection Regulation of 25 May 2018 (RGDP). We invite you to read our Privacy policy at the following link: Privacy policy. This Privacy Policy is an integral part of our GTCU.

• Please note that NAOJO (previously known before October 2018 under the commercial name FORTUNOO) did not wait for the new GDPR regulation to guarantee the protection of its users' data. Indeed, with regard to the processing of personal data, NAOJO (formerly FORTUNOO) had made a declaration to the Commission de la Protection de la Vie Privée (Rue Haute, 139 in 1000 Brussels, Belgium).

• Important: by participating in a draw organized by an Association, you accept that the information (surname, first name and e-mail) will be transferred to the Association organizing the draw (tombola) in which you are participating. The Association may send you a newsletter concerning its activities. In accordance with the law, it will of course be obliged to allow you to unsubscribe at the bottom of each newsletter. NAOJO cannot be held responsible for the use of this data after it has been transferred to the Organizing Association.

• In order to register on the NAOJO platform and benefit from NAOJO's services, Users communicate personal data to the company. After registering, Users have the possibility of communicating other personal data intended in particular to complete their profile. All such data is processed by NAOJO, which is the party responsible for processing such data.

• The User declares that he/she fully and freely consents, specifically and knowingly, to the use of his/her personal data by NAOJO for the following purposes: registration management, animation and management of the use of the Site and promotion. The contact details (name, address and email address) of Users will never be transferred to third parties for the purposes of commercial promotion. Users have the right to access and rectify the data processed at any time and in a very simple manner.

• The data requested by NAOJO includes, but is not limited to, your first name, surname, date of birth, address, email, telephone number and language. The Participant must also create a User name and choose a password.

• The information provided by the User must be accurate and up to date. The User may at any time access his/her account and edit his/her personal information, including his/her address in the "My Account" section of the site or by contacting Customer Service at [email protected]

• The User may also delete credit card details at any time, and/or register a new card. Failure to provide information about such changes will result in the rejection of transactions by the financial institution. NAOJO declines all responsibility for the cancellation of such transactions due to a failure to provide correct personal details. It is also the User's responsibility to protect his/her credit card against loss or theft and to contact Customer Service immediately in the event of a lost or stolen card. No changes can be made to the first name, last name and date of birth provided at registration, unless satisfactory proof is provided, and all other personal details, have been legally changed according to the laws of the country where the User resides.

• The User name chosen must not be obscene, threatening, racist, offensive, pejorative, defamatory or in violation of the intellectual property or property rights of a third party. If NAOJO considers, at its sole and absolute discretion, that the chosen User name is inappropriate, it reserves the right to reject it and to prevent the use of such User name at any time and without being required to inform the User.

• The information provided by the User is strictly confidential, however it is NAOJO's responsibility to provide the necessary data to the judicial authorities in the context of a criminal investigation. Furthermore, in application of a law, regulation or by virtue of a decision of a competent regulatory or judicial authority, the User's data may be disclosed, if necessary, for the purposes of NAOJO to preserve its rights and interests.

• Personal information is used by NAOJO to create and manage the User Account. NAOJO may also use this data solely for the operation of the NAOJO platform, unless the User expressly opposes this when registering on the Site (opt-in). In the event of acceptance, NAOJO may use the User's data to send direct marketing emails regarding new products and/or services. The User may unsubscribe at any time from these commercial emails.

• In accordance with Belgian law and the new General European Data Protection Regulation of 25 May 2018 (RGDP), Users have a right to information, access, rectification and opposition in relation to their personal data held by NAOJO, which can be sent by e-mail to [email protected]

• NAOJO automatically collects the IP address (computer address) of all visitors to the site, as well as various information for statistical purposes such as the time of connection, the address of the page preceding the visit to the site or the pages visited. This information may be displayed on the site.

• The optimization of the use of the site may require the implementation of text files ("cookies"), stored by the User's web browser on his hard disk, containing information on his personal data or his journey through the site. The use of cookies is intended to offer you a pleasant browsing experience and, where appropriate, adapted to your interests. If the User so wishes, he or she has the option of opposing the recording of these "cookies" by configuring his or her computer according to the instructions provided by the browser.

• If the User deactivates cookies, the performance or use of the Site may be affected.

• NAOJO cannot be held responsible for elements that Users disclose on their own initiative, nor for the accuracy of the data provided, nor for the consequences of the dissemination of another User's data.

• Users are solely responsible for the personal data they disclose on the site and waive the right to take any action against NAOJO, particularly on the grounds of infringement of the right to image, reputation or privacy.

• In order to personalize its experience and to simplify the registration process, NAOJO may provide the User with the possibility of accessing or interacting with third party services. This is always clearly indicated. When the User connects to NAOJO through these third party services, NAOJO may share data about the User with these third party service providers, who may share data about the User with NAOJO.

• NAOJO attaches particular importance to the protection and security of its Users' personal data. NAOJO makes every effort to ensure the integrity and protection of such data against all forms of damage, loss, intrusion, disclosure, alteration or destruction. However, NAOJO cannot guarantee 100% security of any data transmission or storage medium. In any event, this commitment constitutes an obligation of means.

Article 11 - Liability

• NAOJO ensures that everything has been done to ensure the correct functioning of the Services offered.

• The NAOJO platform is available continuously and without interruption other than maintenance periods and unless unavailable for technical or administrative reasons. As far as possible, the User will be informed by e-mail in the event of foreseeable unavailability.

• NAOJO cannot be held responsible for problems with the functioning of the Internet and the Users' personal connections and equipment.

• All of NAOJO's obligations under these Conditions are obligations of means.

• NAOJO cannot be held liable for any damages (including indirect damages, loss of income or loss of earnings) suffered by the User or for actions by third parties brought against the User, in connection with the use of the Site or in connection with the use of content published by NAOJO or by another User or brought against the User as a result of abuse or unauthorized use of the elements/information posted on the Site.

• NAOJO cannot guarantee the permanent availability, without error or interruption, of all the functions of the Site, nor can it guarantee the immediate repair of errors, or the total absence of viruses or any other damaging elements on the Site and on the infrastructure through which the Site is offered. NAOJO cannot guarantee that the information and data stored by Users (files, messages, histories, etc.) will never be deleted. Users will therefore take care themselves to keep a copy of the content that they consider to be of value outside the Site. Temporary restrictions may occur due to technical problems such as interruptions in telecommunications, program errors or hardware problems, etc. NAOJO cannot be held responsible for any loss or damage (direct, indirect, material or immaterial) suffered as a result of these temporary restrictions, nor in connection with the use of the Site or the impossibility of using the Site. In addition, Users are responsible for updating their computer hardware and software, as well as their access to the Internet.

• In the event of a software error or failure, which is or may be highlighted by NAOJO on one of its systems or those supplied by one of its suppliers, prints will be cancelled. The Participant will receive the full amount of his or her entry in the draw. NAOJO excludes any other compensation for such failure of the site or software.

• Any User who detects a failure on our platform must inform NAOJO as soon as the failure is discovered by contacting [email protected]

• The User acknowledges that NAOJO would not have entered into the contract without the limitations of liability and warranty that it establishes.

• Although NAOJO is very vigilant with regard to the content (including photos of the Experiences or illustrations of their closest representation in order to inform the User as correctly as possible) and the Experiences placed on its platform, and furthermore, during the launch period, NAOJO itself places online the content it has received from Providers, validated by the Partner organizing the draw, NAOJO cannot guarantee:
- that the products and services offered by Providers on the platform correspond in all respects to the User's expectations;
- the accuracy and precision of the announcements and other messages;
- the ability of Providers to contract and the ability of Users to purchase a raffle ticket;
- the proper delivery and receipt of the Winning Participant's Experience.

• NAOJO declines all liability for special, indirect and collateral damages related to the use and operation of its platform and services, including but not limited to damage to honour and reputation, loss of profit or loss of personal data.

• NAOJO cannot be held liable in the event of total or partial hacking of the NAOJO website and cannot be held liable for any damage that such hacking may cause to a User or to a third party.

• As previously stated, NAOJO reserves the right to modify or develop the Services offered at any time.

• If, for any reason other than those mentioned in the previous points, NAOJO were to be held liable, its liability would be limited to the total amount of the fees paid by the User to NAOJO during the 12 months prior to the act that caused the damage, but may not exceed 1,000 Euros.

Article 12 - Liability and force majeure

• NAOJO shall not be held liable for any non-performance on the part of NAOJO resulting from a case of force majeure.
Force majeure shall, in the context of these general conditions, be understood as: "any unforeseeable and insurmountable circumstances beyond the control of the parties, for which they are not responsible, and which could not reasonably be expected of them, to take them into consideration at the time of the conclusion of the contract, or to prevent or overcome them, even when these circumstances do not make the execution of the contract totally impossible, but only substantially more difficult and more expensive".

• The party that is the victim of the occurrence of a circumstance being defined as a case of force majeure shall inform NAOJO as soon as possible, and in any case within eight days of the occurrence of such circumstance, by registered letter.

• In the event of force majeure, NAOJO reserves the right to extend the subscription period for the supply of any agreed services by a period equal to which the case of force majeure has appeared.

• If these events may compromise the execution of the services in the manner provided for, NAOJO reserves the right to terminate the online publication of an Experience, by refunding the Participant the price paid, without any liability on its part.

Article 13 - Financial Transactions

• FORTUNOO, publisher of the NAOJO platform, has chosen to rely on the well-known STRIPE solution for all credit card and direct debit payment services figuring in euros. Payments in currencies other than the EURO are not accepted on NAOJO.

• By using the credit card payment system offered on the NAOJO platform, the User accepts the STRIPE service provider's Special Conditions of Use, which can be consulted HERE and which form an integral part of the NAOJO Conditions of Use.

• The User expressly authorizes STRIPE to transmit to its subcontractors or partners the personal data necessary to fulfill its obligations as an online payment service provider.

• The currency used on the site is the Euro (€).

• The User is fully responsible for all payments due to FORTUNOO and will be unable, in the event of a dispute, to refuse any payment due or to refund any payment made. The User shall also indemnify FORTUNOO against any damages that FORTUNOO may suffer in connection with the User's payments.

• FORTUNOO reserves the right to verify the creditworthiness of any of its Users through the information provided upon registration and through third parties.

• The available means of payment depend on the currency and state of the User.

• FORTUNOO reserves the right to request additional information and proof of the User's age, identity and domicile before making a withdrawal, in particular before the User's first withdrawal, in order to prove his/her identity. Such information and proof is necessary for security purposes and to enable FORTUNOO to verify that the personal data provided during registration corresponds to what appears on the document. In the event that these data are different, FORTUNOO reserves the right to cancel the raffle tickets purchased by the User and to close the account. In case of proven fraud, a complaint will be forwarded to the competent authorities.

• FORTUNOO reserves the right to pay for any withdrawal in whole or in part, using the same payment methods as those used for deposits made by the User.

Article 14 - Closing a Participant Account

• As a non-registered visitor, the GTCU apply for the duration of the connection to the site.

• As a Participant or Provider, the GTCU apply as long as the User maintains his account on the site.

• A Participant Account cannot be terminated if the Participant has purchased a draw ticket from a current draw. He must wait for the end of the draw operation organized by an associative Partner (either the drawing of a winner or the withdrawal of the Experience).

• In the event of non-compliance with the GTCU and other conditions published on the Website, FORTUNOO, publisher of the NAOJO platform, reserves the right, at any time, without prior warning, and without prejudice to any subsequent procedures that may be initiated, to suspend a User's account, to deny him/her access to all or part of the Services, in particular to refuse the purchase of a draw ticket pending the outcome of all procedures. If NAOJO suspects and/or believes that the User has used the Site for money laundering purposes, the Account may be blocked and used to cover any sums due by the User.

• NAOJO may close the User's Account in the event of fraud, infringement or suspicion of fraud and infringement of these GTCU by the User. All draw tickets that the User may have in circulation will be cancelled.

• You may unsubscribe from NAOJO as a User by simply sending a request by e-mail to [email protected]

Article 15 - Responsible gambling and addiction

• NAOJO offers a fun, original and transparent platform for Associations organizing a raffle to raise funds for their societal objectives. Unfortunately, for some people, gambling becomes an addiction that can lead to worrying situations (psychological, relational, family, social and financial disorders). NAOJO and its collaborators are very attentive to ensure that the original services offered remain a pleasure and are used with moderation and will always warn the associative partner organizing the draw of possible addiction problems.

• Participation in raffles must remain an entertainment activity and must in no way become an addiction or a means of solving financial problems.

Article 16 - Protection of the property of the site

• The NAOJO platform and all the rights attached to it are the exclusive property of FORTUNOO. These elements constitute creations protected by intellectual property rights and especially copyright. The trademarks, trade names, logos, graphics, photographs, animations, sounds, videos, texts and other distinctive signs contained on the platform are the intellectual property of FORTUNOO. Therefore, they may not be reproduced, used or represented without the prior written consent of FORTUNOO under penalty of prosecution. Any unauthorized reproduction of these elements constitutes an infringement punishable by law.

• The creation of a hypertext link to the home page of the NAOJO platform or to one of the pages of the site is authorized as long as this link does not harm NAOJO and unless otherwise advised by NAOJO.

• By creating, storing or disseminating on the NAOJO platform content protected by intellectual property rights, the User grants NAOJO a transferable, non-exclusive, free of charge license for use, exploitation and disclosure, for the duration of the intellectual property rights protection, for the entire world, with the right to grant sub-licenses, for printed media, audio-visual media, cinema, Internet.

• The NAOJO website is the exclusive property of FORTUNOO. In general, FORTUNOO grants a free, personal, non-exclusive and non-transferable right to access and use the Site, any other right being expressly excluded without the prior written consent of FORTUNOO.

• The content of the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, adapted, sold, licensed or otherwise exploited in any manner and for any purpose whatsoever, in whole or in part, without the prior written consent of FORTUNOO and in strict compliance with these GTCU.

• FORTUNOO reserves all rights not expressly granted on the NAOJO Website.

Article 17 - Modification of the platform and its services

• FORTUNOO reserves the right to modify its NAOJO Internet platform and related services or parts thereof at any time. Any modification or termination of its services will be announced within a reasonable period of time upon implementation.

Article 18 - Modification of the General Terms and Conditions of Use (GTCU)

• FORTUNOO reserves the right to modify these GTCU at any time, in particular as a result of changes in the operating conditions of the NAOJO platform and the improvement of the services offered. These modifications will be notified to the User by any means at FORTUNOO's convenience, generally by information on the Site.

• By participating in each draw organized by an associative Partner, the User is invited to validate the General Conditions of Use (GCU) in force.

• Any modification of the Terms and Conditions of Use will result in a modification of the "Update Date" which appears at the bottom of this document.

Article 19 - Regulation of Complaints

• In the event of complaints about the operation of the NAOJO platform, the User may contact NAOJO by email at [email protected] Complaints must be submitted by the User to NAOJO within a reasonable period of time and no later than one month of the discovery of a defect in relation to the NAOJO Platform.

• After receiving the complaint, NAOJO will confirm its receipt and propose a solution to the User within 5 working days. NAOJO will be extremely attentive to resolving complaints as quickly as possible.

Article 20 - Miscellaneous

• Should individual provisions of these General Terms and Conditions of Use (GTCU) be ineffective, this shall not affect the validity of the remaining provisions. NAOJO will replace them with provisions that are legally valid and comply with the spirit and purpose of these General Terms of Use (TOU).

• These Terms and Conditions of Use shall be governed, interpreted and applied in accordance with Belgian law, the language of interpretation being the French language.

• The nullity, lapse or unenforceability of all or part of any of the foregoing provisions shall not result in the nullity of these Terms of Use as a whole. The provision in question shall be deemed to be unwritten and the User agrees that NAOJO may substitute that provision with another that will, as far as possible, perform the same function.

• The courts of the judicial district of Liège, ruling in the French language, shall have exclusive jurisdiction to hear any dispute relating to these Terms of Use.

Last update: 25 January 2021

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