Point of Difference (NGO)

Effective date: 28.04.2026

These General Terms and Conditions (“GTC”) govern all legal relationships between Point of Difference, a non-governmental, non-profit organization organized under German law (Vereinsrecht), and all users, participants, partners, donors, volunteers, and other stakeholders (“you”).

By accessing, using, or engaging with our services or activities, you agree to these GTC.


1. Legal Status

Point of Difference is a non-profit organization (gemeinnützige Organisation / eingetragener Verein, where applicable) established under the laws of the Federal Republic of Germany.

The Organization operates exclusively and directly for charitable, humanitarian, and educational purposes within the meaning of the German tax code (Abgabenordnung), as applicable.


2. Scope of Application

These GTC apply to all:

  • Services, programs, projects, and activities
  • Events, trainings, and educational offerings
  • Use of websites, platforms, and digital content
  • Donations, fees, and payments
  • Volunteer, partner, and participant engagements

Specific agreements, policies, or statutory provisions shall take precedence in case of conflict.


3. Non-Commercial and Mission-Based Nature

All activities of Point of Difference are provided on a non-profit basis and are strictly aligned with the Organization’s mission.

No contractual entitlement to participation, continuation of services, or funding exists unless expressly agreed in writing.


4. Registration and Participation

Where registration or application is required:

  • Information provided must be accurate and complete
  • Participation is personal and non-transferable
  • Compliance with safeguarding, eligibility, and capacity requirements is mandatory

Point of Difference reserves the right to refuse, suspend, or terminate participation for objective reasons, including violations of policies, safety concerns, or legal obligations.


5. Code of Conduct and Safeguarding

All individuals engaging with Point of Difference must comply with:

  • The Code of Conduct
  • Safeguarding and child protection policies
  • Applicable humanitarian and NGO standards

There is zero tolerance for abuse, exploitation, discrimination, harassment, or unethical conduct.
Confirmed violations may result in immediate exclusion and further legal or organizational action.


6. Donations and Payments

Donations and payments:

  • Are voluntary and support the statutory objectives of the Organization
  • Are generally non-refundable, unless required by law or stated otherwise in the Cancellation Policy
  • Must be made using lawful and authorized payment methods

Donation receipts (Zuwendungsbestätigungen) will be issued in accordance with German tax law where applicable.


7. Cancellation and Withdrawal

Cancellations and withdrawals are governed by the Cancellation Policy, which forms an integral part of these GTC.

Statutory rights under German civil law (BGB) remain unaffected.


8. Volunteer and Partner Engagement

Volunteer and partner engagements:

  • Do not establish an employment relationship (§ 611a BGB), unless explicitly agreed
  • May be terminated by either party with reasonable notice
  • Require compliance with all organizational policies

Serious misconduct may justify immediate termination.


9. Intellectual Property

All content, publications, and materials provided by Point of Difference are protected by copyright and intellectual property laws.

Permitted use:

  • Private, educational, and non-commercial use
  • Proper attribution to Point of Difference

Prohibited use:

  • Commercial exploitation without written consent
  • Alteration, misuse, or misleading representation

10. Data Protection (GDPR / DSGVO)

Personal data is processed in accordance with:

  • The EU General Data Protection Regulation (GDPR / DSGVO)
  • The German Federal Data Protection Act (BDSG)
  • Our Privacy Policy

Data processing occurs only for lawful purposes such as program delivery, administration, safeguarding, and legal compliance.

Data subjects have the rights provided under GDPR, including access, rectification, erasure, restriction, and objection.


11. Liability

Liability of Point of Difference is limited in accordance with German law.

The Organization is liable:

  • Without limitation for intent and gross negligence
  • For injury to life, body, or health

In cases of slight negligence, liability is limited to foreseeable damages arising from essential contractual obligations (Kardinalpflichten).

Liability for indirect or consequential damages is excluded to the extent permitted by law.


12. Force Majeure

Point of Difference shall not be liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, epidemics, security situations, or governmental measures.


13. Amendments

Point of Difference reserves the right to amend these GTC where legally permissible.

The version published on official communication channels shall apply.


14. Governing Law

These GTC are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules.

If the user is a consumer within the EU, mandatory consumer protection provisions of their country of residence remain unaffected.


15. Severability Clause

If any provision of these GTC is or becomes invalid, the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a legally permissible provision closest to the intended purpose.


16. Contact Information

Point of Difference
Point of Difference e.V.

Vereinsregister-Nr.: VR 201299, Amtsgericht Aurich
[Wollgrasstr 1a D-26802 Moormerland Germany]
Email: [Info.Int@point-of-difference.org]
Website: [www.point-of-difference.org]

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