Terms and Conditions of the Site
§ 1
1. Caritas Polska with its registered office in Warsaw, at Okopowa 55, 01-043 Warsaw, KRS: 0000198645, NIP: 5271006655, hereinafter referred to as “Caritas Poland”, operates the website located at the domain caritas.pl (https://caritas.pl/), hereinafter referred to as the “Site”, in accordance with these Terms and Conditions and Privacy Policy (https://caritas.pl/privacy-policy/).
2. The Site works to implement and support the statutory activities of Caritas Poland, among other things, to solicit donations to organize emergency and development aid in Poland and abroad.
3. The solicitation of donations is carried out within the framework of the charitable and caring statutory activities of Caritas Poland.
4. Income from donations received with an indication of purpose shall constitute income from the charitable and caring statutory activities of Caritas Poland.
5. The Terms and Conditions for Contributions by the Site, hereinafter referred to as the “Terms and Conditions”, set forth the terms and conditions of its operation, including the rights and obligations of Users, Donors, Partners and the Operator.
6. The Terms and Conditions also define the responsibilities of the Operator.
§ 2
By the wording used in the Terms and Conditions it should be understood, respectively:
1. Donation – a donation in the sense of common law, in particular the Civil Code, which is an amount of money donated voluntarily by the Donor to the charitable and welfare statutory activities of the Operator without indicating or with indication of the Purpose described on the Site without, however, making anyone a creditor;
2. Donor or Cardholder – any legal entity, including a natural person, legal entity or unincorporated organizational unit, which has made at least one donation in any form to the Purpose indicated on the Site in accordance with the provisions of these Terms and Conditions;
3. Financial Intermediation Service – a service that facilitates Donors to make a Donation; the Service is operated by PayU S.A., 186 Grunwaldzka St., 60-166 Poznań (KRS 0000274399, NIP: 7792308495) or PayPal (Europe), S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (commercial register number: R.C.S. Luxemburg B 118 349); the choice of Service is decided by the Donor when making the Donation;
4. Operator – Caritas Poland with registered office in Warsaw, at 55 Okopowa Street, 01-043 Warsaw (KRS: 0000198645, NIP: 5271006655), which operates the Site;
5. Partners – entities submitting Target proposals for funding by Donors on the Site;
6. Purpose – an action announced on the Site consisting in the collection of funds for the realization of a specific socially useful purpose, falling within the charitable and welfare activities of the Operator, reported by Caritas Poland or Partners;
7. Rules and Regulations of the Financial Intermediation Service – rules and regulations of the relevant Financial Intermediation Service selected by the Donor when making the Donation.
8. User – any legal entity, including natural persons, legal entities or organizational units without legal personality, including a Donor, who uses the Site in any way.
§ 3
1. The sole owner of the Site is the Operator.
2. Before using the Site, each User should read the provisions of the Terms and Conditions and Privacy Policy.
3. Each User, by using the Site, unconditionally accepts in full the provisions of the Terms and Conditions and Privacy Policy.
4. Use of the Site even in part for any purpose without the consent of the Operator is prohibited.
§ 4
1. The use of the Site shall not violate generally applicable law and the provisions of the Terms of Use and Privacy Policy.
2. Each User for the proper use of the Site should have technical devices that have access to the Internet with legitimate software, including web browsers.
3. Users making donations to the designated Purposes through the financial intermediation service should have an active personal electronic mail (email) or provide a residential address for sending any thanks or information about the project and other information listed in the Data Processing Information Clause.
4. Users making payments for the designated Purposes through the Financial Intermediation Service shall first read and agree to the provisions of the relevant Financial Intermediation Service Terms and Conditions, depending on their choice of one of the two Financial Intermediation Services.
§ 5
The Operator allows Partners to submit proposals for Purposes.
§ 6
1. Use of the Site is completely voluntary and free of charge.
2. The Operator shall allow Users to make one-time Donations for the Purposes by voluntary choice through a financial intermediary service or by posting information on the Site about the target account number of Caritas Poland. 3. The Users’ contact with the Operator is possible via e-mail: darczyncy@caritas.org.pl.
§ 7
1. Purposes on the Site are announced independently by the Operator as part of the statutory activities of Caritas Poland.
2. The Partner submitting the Purpose proposal to the Operator should specify in particular:
a) the purpose of the action;
b) the proposed value of the cash, the collection of which is necessary to achieve the Purpose.
3. Users may make a one-time Donation as they choose, depositing amounts into the Operator’s account through a financial intermediary service, or a one-time Donation through banks’ online services (online transfers) or traditional transfers and direct debits (banks, post offices).
4. The Operator informs that in case of payment through the Financial Intermediation Service, a commission is charged by the Financial Intermediation Service, in accordance with the terms of the agreement between the Financial Intermediation Service and the Operator. Also, the settlement of transactions related to Donations made by credit card is carried out through the Financial Intermediation Service, which charges a commission, in accordance with the terms of the agreement concluded between the Financial Intermediation Service and the Operator. The Operator does not receive any revenue from the collection of commission by the Financial Intermediation Service. The amount of the commission is subject to secrecy under the terms of the agreement between the Financial Intermediation Service and the Operator. The purpose of the Financial Intermediation Service is to make it as easy as possible for Users to make the payments in question. In the case of voluntary selection of other forms of payment, no commission is charged by the Operator.
5. In the event of any donation by the Operator to the Partner for the implementation of the Purpose by the Partner, the Partner shall be obliged, at the time indicated by the Operator and upon the Operator’s request, to provide the Operator with a detailed account of how the Partner spent the funds derived from the action constituting the Purpose, as well as other information that the Operator requests to be included in the report.
6. If, for reasons beyond the Operator’s control, during the course of the campaign the Purpose becomes irrelevant or the amount necessary for the implementation of the Purpose has not been obtained within a specified period of time through the Site or other sources of funding, the Operator may allocate the amount collected in full for the implementation of statutory purposes, in particular for a purpose similar to the purpose of the campaign constituting the Purpose. In addition, the collection for a specific Purpose may be repeated until the amount necessary to achieve the Purpose is obtained, if the Operator determines that there is a real probability of achieving the Purpose.
7. The surplus amount collected may be used for other charitable and welfare purposes of the Operator.
8. The Operator declares that the funds transferred to the account of Caritas Poland by the Users constitute a Donation by the User for the Purposes indicated on the Site that fall within the statutory activities of the Operator.
9. The payment of a donation does not make anyone a creditor, in particular to the Operator.
§ 8
The Operator may only collect funds for Caritas Poland’s administrative costs, including the costs of maintaining the Site and operating the Project, which, however, may not be more than 12% of the funds collected. The Operator may not make any profit in connection with the operation of the Site.
§ 9
1. Accepting the Terms and Conditions or using the Site, the User consents to the processing of his personal data by the Operator, in accordance with the terms of these Terms and Conditions and the rules set forth in the Privacy Policy: https://caritas.pl/privacy-policy/, which is an integral part thereof.
2. The administrator of personal data is the Operator of the Site, which carries out the processing of personal data of Users in accordance with the provisions of generally applicable law.
3. The Operator shall process personal data of Users in accordance with the privacy policy only to the extent of the proper use of the Site electronically, including the transfer of Donations and to enable the sending of a possible newsletter to the Users’ e-mail address. Processing of personal data for purposes other than those specified above is possible only after the User has given his/her consent to the processing of personal data for purposes expressly indicated by the Operator.
4. The User has the right to inspect the processed personal data at any time, as well as the right to correct them and request their deletion in accordance with the provisions of generally applicable law. For details regarding the scope and purpose of data processing and the User’s rights in this regard, please refer to the Data Processing Information Clause: https://caritas.pl/information-clause/.
§ 10
1. The Operator may send information about planned events of an informative and promotional nature organized by the Operator, information about the Operator’s support for people in need of assistance, including in particular families, children, youth, seniors, people at risk of poverty and social exclusion, homeless people and people at risk of homelessness, migrants and refugees, by letter (traditional paper communication) for the purpose of direct marketing of the Operator’s own charitable and welfare activities and promotion of volunteerism and activities of Caritas organizations, and the legal basis for processing is Article 6(1)(f) of RODO – the legitimate interest of the Administrator in raising monetary and non-monetary funds for the implementation of tasks covered by the Operator’s statutory public benefit activities.
2. The Operator may thank donors for their support, as well as send occasional greetings by letter (traditional paper communication), and the legal basis for the processing of personal data is Article 6(1)(f) of RODO – the legitimate interest of the Administrator to conduct communication with donors in order to carry out the Operator’s statutory tasks.
§ 11
1. Excluded is the Operator’s contractual or tort liability to Users, Partners or third parties for their damage or harm that may arise due to:
a) technical problems of the Site or its updates;
b) loss of data resulting from force majeure, updating the Site;
c) actions of Users, Partners or third parties contrary to the law or to the Terms and Conditions or Privacy Policy.
2. Contractual or tort liability of the Operator for any obligations of Partners, as well as Users or third parties is excluded
3. The Operator may allow Users to access, through the Site, services provided by third parties. In such case, the Operator shall not be liable for the acts or omissions of such third parties.
4. Each User shall bear full responsibility for any damage or harm resulting from the use of the Site in a manner contrary to generally applicable law or the provisions of the Terms and Conditions or Privacy Policy, in particular by violating personal rights and copyright and related rights.
§ 12
1. The User may file a complaint on matters related to the operation of the Site by e-mail to the Operator’s e-mail address: darczyncy@caritas.org.pl or in writing to the Operator’s registered office address.
2. A response to a properly filed complaint shall be provided by the Operator within 14 days in electronic form or in writing to the User’s address known to the Operator.
3. Complaints on matters related to the operation of the Financial Intermediation Service shall be handled by the Financial Intermediation Service on the basis of its separate regulations independent of the Operator.
§ 13
1. By the terms used – in this 13 paragraph on recurring payments – shall be understood, respectively:
a) Card – a payment card (debit or credit) belonging to the User;
b) Token – an individual number identifying the Card assigned by the Financial Intermediation Service;
c) Transaction – a Card operation through the Financial Intermediation Service.
2. Donations under recurring payments will be made only after prior registration of the Card with the Operator and Financial Intermediary Service.
3. Registration will be designed to authenticate that the Donor ordering the Donation is the authorized holder of the Card to be charged.
4. Registration will occur as follows:
a) wishing to make a Donation on the Operator’s site, the Cardholder will accept the terms and conditions of the registration enabling the initiation of recurring payments;
b) the Cardholder will be redirected by the Operator to the transaction system of the Financial Intermediation Service, where he/she will make the first donation with the Card, or register with the donation;
c) after authorization of the Transaction (card registration), the Financial Intermediation Service will send to the Operator the Token, which will allow subsequent Donations to be made in accordance with the Cardholder’s order;
d) during registration, the Cardholder will be required to accept these Terms and Conditions;
e) registration will be successfully completed, provided that the Cardholder is correctly verified by the Financial Intermediation Service.
5. If the Cardholder fails to register as described in paragraph 3 above, the Financial Intermediation Service will not activate the recurring payment service and the Operator may not order subsequent Transactions using the received Token identifying the Donor’s Card.
6. Prior to registration of the Card on the transaction page of the Financial Intermediation Service, the Operator shall be obliged to obtain consent from the Donor for the regular collection of fees by launching the service of recurring payments in electronic form. The Operator is obliged to keep the aforementioned consent and make it available to the Financial Intermediation Service or the Donor upon any request throughout the term of the Agreement between the Operator and, the Financial Intermediation Service.
7. The agreement concluded between the Operator and, the Cardholder by accepting these Terms and Conditions to launch recurring payments in the Operator’s service includes, in particular:
a) the amount and date of debiting the Card, with the following debit dates established: the Donor has a choice of two different debit dates per month – the 3rd or 15th day of the month. The first debit of the Card is made on the day the cyclic payments are declared. Subsequent debits of the Card are made on the 3rd or 15th day of the month, respectively, depending on the Donor’s decision, starting from the following month. If the debit attempt is unsuccessful, the Financial Intermediation Service
will reattempt the debit once a month, 10 days after the first debit attempt, i.e. on the 13th or 25th of the month, respectively;
b) information that the above data is permanent;
c) indication of the agreed communication channel between the Operator and, the Donor i.e. according to the contact information provided in the declaration form on the website https://caritas.pl/.
8. The Operator is obliged to provide the Donor (through an agreed communication channel – by email) with confirmation of the concluded arrangements within four working days from the day they were made.
9. The Operator shall provide the Donor with a simple and easily accessible way of cancelling/withdrawing from the recurring payment service. For cancellation it is sufficient to make a statement of intent of the Donor by sending an email to darczyncy@caritas.org.pl.
10. In the event of cancellation of the recurring payment service by the Donor, the Operator may not use the Token received to make subsequent transactions of the Cardholder.
11. If any attempt to authorize transactions within the framework of recurring payments ends in a refusal, the Financial Intermediation Service will communicate such information to the Operator, who will not be able to make further attempts to make debits and will inform the Donor that the agreement between them has been terminated for this reason.
12. The Operator shall be obliged to carry out with the Donor a renewed process of the aforementioned registration under the rules described in clauses 3-4 above in the event that:
a) more than six months have passed since the last effective debit of the Card;
b) the terms or conditions for making recurring payments have changed.
13. On each transaction made under the recurring payment service, the Operator shall pay the Financial Intermediation Service a fee in the amount indicated in the agreement between the Financial Intermediation Service and the Operator. The amount of the fee is subject to commercial confidentiality.
§ 14
1. The Operator may amend the Terms and Conditions at any time with at least a seven-day effective period.
2. The Terms and Conditions shall be effective from the date of its publication on the website after prior written approval of the Director of Caritas Poland.
3. In matters not regulated in the Terms and Conditions, the provisions of generally applicable law shall apply, including the Civil Code and the Personal Data Protection Act, as well as the relevant provisions of canon law.
4. In the event that any of the provisions of these Terms and Conditions would be invalid or ineffective, this shall not render the remaining provisions of these Terms and Conditions s invalid or ineffective.
5. The court having jurisdiction to hear any disputes related to the operation of the Site shall be the court of local and material jurisdiction over the Operator’s registered office.
