Terms and Conditions of the www.jestemza.com Portal
The words used in these regulations mean:
- "Portal" – the "jestemza.com" web portal available at jestemza.com,
- "Foundation" – JESTEM ZA Foundation with its registered office in Warsaw, ul. Armii Krajowej 56a/14 05-075 Warsaw, Poland, entered into the register of associations of other social and professional organizations, foundations and public health care institutions under KRS number 0000959338, whose registration files are kept by the District Court for m.st. Warsaw in Warsaw, Commercial Department of the National Court Register, NIP 9522225760.
- "Regulations" – this document defining the terms and conditions of functioning and use of the Portal, the rights and obligations of the Helper and the rights and obligations of the Foundation,
- "Helping Person" – a User who is a natural person with full legal capacity or limited legal capacity, who has made a payment or top-up of collections or piggy banks of the Foundation,
- "User" – a person using the portal and the content posted on it;
- "Financial service" – should be understood as:
- "paypal.com"- a financial intermediation service operated by a company under the name (Europe) S.à r.l. et Cie, S.C.A. with its registered office in Luxembourg (R.C.S. Luxembourg B 118,349)
- "TPayl" – it should be understood as a service providing financial intermediation services belonging to the company: Krajowy Integrator Płatności S.A. with its registered office in Poznań, Andersa Square 3, 17th floor, 61-894 Poznań, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań VIII Commercial Division of the National Court Register under number 0000412357, NIP 7773061579, REGON 300878437 with a share capital of PLN 5,494,980 paid in full. Available forms of payment are:
- Payment cards : Visa, Visa Electron, MasterCard, MasterCard – deposits in PLN, EUR, USD and UAH
- Tpayc online payments
. BLIK mobile payments
The entity providing online payment services by electronic means is krajowy Integrator Płatności S.A. – Tpay
- "Donation" – an amount constituting a donation within the meaning of the provisions of the Civil Code, transferred by the Helping Person to the Foundation in the form of a targeted collection or to the general piggy bank.
- "Collection" – an action announced on the Portal by the Foundation consisting in collecting money for the implementation of a strictly defined goal indicated and defined by the Foundation
- "General piggy bank" – an action consisting in collecting money for the general account of the foundation in order to use the funds collected there for the statutory activities of the foundation or supporting other collections on the foundation's portal at the sole discretion of the foundation.
Paragraph 2 of the
- The Foundation provides services by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services. The service provider within the meaning of the Act in question is the JESTEM ZA Foundation with its registered office in Warsaw, ul. Armii Krajowej 56a/14, 05-075 Warsaw, Poland, entered into the register of associations of other social and professional organizations, foundations and public health care institutions under KRS number 0000959338, whose registration files are kept by the District Court for m.st. Warsaw in Warsaw, Commercial Department of the National Court Register, NIP 9522225760.
- The Foundation is the owner of the portal: www.jestemza.com
- Contact with the foundation takes place via the following e-mail address: firstname.lastname@example.org
- Whenever the Regulations refer to a notification, notification or any other form of contact with the Foundation, it means sending an email to the address referred to in the preceding paragraph.
- The use of services provided as part of the Portal takes place free of charge and voluntarily.
- Each Helping Person using the Portal is obliged to read the Regulations and accept its content.
- The logo and name of the Portal are legally protected and are the property of the Foundation. Any use of the logo or name of the Portal without the consent of the Foundation is prohibited.
- Any copying, reproduction and distribution of elements of the Portal, as well as its appearance as a whole, without the consent of the Foundation, is prohibited.
- The Foundation declares that the materials posted by it on the Portal, including in particular descriptions of Collections, may be prepared by the Foundation on the basis of information provided by persons applying for assistance and their relatives. Based on the materials made available to it, the Foundation verifies the purpose and amount of the Collection. The Foundation is not responsible for opinions, evaluations and feelings related to the course of treatment or illness of persons applying for assistance, which opinions and feelings are elements of the description of the Collections. In the case of reliable notification to the Foundation about the illegality of the content referred to above, the Foundation will prevent access to them on the Portal.
Paragraph 3 of the
In order for the Helpers to properly use the services available on the Portal, it is necessary jointly:
- It is forbidden to post illegal content on the Portal, in particular content containing pornographic content, praising fascism, calling for racial, ethnic, religious, Nazi hatred, propagating violence, insulting religious feelings, violating the rights of others, including in particular their personal rights.
- If the Foundation becomes aware of the placement of illegal content on the Portal, it will immediately prevent access to it.
- The Foundation has the right to place on the Portal advertising, promotional or marketing materials from the Foundation or third parties.
- The Foundation declares that the materials posted by it on the Portal, including in particular descriptions of Collections, may be prepared by the Foundation on the basis of information provided by third parties, persons applying for assistance and their relatives. Based on the materials made available to it, the Foundation verifies the purpose and amount of the Collection and decides on its launch or abandonment of the launch.
Paragraph 4 of the
- The assisting person may be a natural person with full legal capacity, a natural person with limited legal capacity with the consent of the legal representative, as well as a legal person or an organizational unit without legal capacity.
- The entities referred to in the preceding paragraph may independently, voluntarily and free of charge transfer any amount to the Collection or General Piggy Bank specified on the portal website.
- The donation can be made as follows:
– by making a traditional transfer to the foundation's account
– by making a payment through the financial operator Tpay.
– by making a payment through the financial operator, paypal.com
together with the name and number of the Targeted Collection or in the event that the donation is to concern the Piggy Bank for general purposes of the foundation with the name "Piggy Bank" or "Statutory Purposes"
- The Foundation reserves that in the absence of a description of the donation amount paid or providing an incorrect description that will not apply to any of the current collections, it will credit it to the general collection account under the name piggy bank.
- The Foundation provides the following services to the Helper:
it enables, through the Financial Intermediation Website or in another manner indicated in the Regulations, to transfer Donations to the Foundation;
Paragraph 5 of the
- Decisions on the commencement of a given targeted collection and its end are made only by the Foundation.
- Collections published on the Portal are conducted exclusively by the Foundation independently.
- The Foundation has the option of blocking the transfer of Donations as part of the Collection as well as suspending the payment of the collected funds if, in the Foundation's opinion, the continuation of the Collection will adversely affect the reputation of the Foundation or will be unlawful.
- Donations are non-refundable except as provided for by law.
- Settlements of transactions related to the transfer of Donations made by bank transfer, with the exception of transfers made directly to the Foundation's account, are carried out via the settlement center of Financial Intermediation Services.
- The total amount of Donations made by Helpers for a given Fundraiser is visible on the Portal, but this amount is an indicative amount and may differ from the total amount of Donations actually made, inter alia due to possible delays in the operation of the banking system or incidental failures to respond from the payment system.
Paragraph 6 of the
- Each user of the website may, via the form available on the Portal, submit the object of the collection, which in his opinion requires support.
- Applications are considered in the order of their registration by the Foundation.
- When considering the application, the Foundation will consider the possibility of announcing the Collection indicated in the application on the Portal. The decision to announce or refuse to announce the Collection is forwarded by the Foundation by e-mail (unless the Foundation leaves the application unanswered).
- The Foundation may refuse to announce the Collection without giving a reason or leave the application unanswered.
- Decisions as to the start of the collection as well as to determine its time and amount belong exclusively to the Foundation.
§ 7 The
All information regarding the processing of Users' personal data by the Foundation is available in a separate document – information on the processing of personal data.
- Each Assistance Provider has the right to lodge a complaint in matters related to the functioning of the Portal, as well as the performance of services by the Foundation.
- Complaints should be submitted electronically (to the Foundation's e-mail address: email@example.com by entering "Complaint" in the title) or in writing.
- The Foundation will respond to the complaint within 30 days from the date of its receipt.
- The response to the complaint will be sent to the User to the e-mail address indicated in the complaint or, if the complaint was submitted in writing, to the e-mail address indicated in the letter or in writing to the address indicated in the letter.
- The Foundation informs that complaints regarding services provided electronically by third parties, access to which is related to the use of the Portal by Users, including those provided by Financial Intermediation Services, are considered by these third parties on the terms and in the manner specified in the regulations for the provision of services by these persons.
- The recognition of any provision of the Regulations or its part as invalid or unenforceable does not affect the validity and effectiveness of the remaining provisions of the Regulations.
- The Foundation reserves the right to make changes to the Regulations for important reasons, which include, among others: a change in the law, economic factors such as a change in the scope of goods and services offered, as well as when the obligation to change it results from a final court decision or a decision of a public authority.
- Any changes to the Regulations will be made visible on the Portal at least 7 days in advance before the date of entry into force of the changes.
- The entry into force of amendments to the Regulations requires acceptance of the changes by the User. In other cases, the Regulations enter into force within 7 days from the date of its publication on the Portal.
Paragraph 10 of the
- The Regulations in the current version are effective from March 10, 2022.
- The Regulations are available on the Portal's website.
- These Regulations are subject to Polish law.