§ 1. Definitions 

The terms used in these Terms and Conditions shall have the following meanings:

1. "Foundation" – Fundacja "Ofiaruję" with its registered office in Wrocław, ul. Belgradzka 23, 51-208 Wrocław, entered into the Register of Associations, Other Social and Professional Organizations, Foundations and Independent Public Healthcare Facilities under KRS number 0001121430, whose registration records are kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, NIP: 8952276529, REGON: 52939418500000, operating the website: www.ofiaruje.pl
2. "Recipient" – an entity operating in an area consistent with the statutory objectives of the Foundation, which has entered into an agreement with the Foundation specifying the scope and rules for providing assistance to the Recipient by the Foundation;
3. "Donation" – any free cash benefit constituting a donation within the meaning of the provisions of the Civil Code, transferred by a Donor to the Foundation within the scope of its statutory objectives, in particular in connection with a specific Fundraiser.
4. "Contribution to the Foundation" – a Donation towards the statutory objectives of the Foundation, which the Donor may voluntarily transfer, independently of the Donation transferred towards the purpose of the Fundraiser.
5. "Account" – a feature available on the Portal for a registered User, enabling the entry and processing of data on the Portal;
6. "Donor" – a legal entity, natural person, or organizational unit transferring donations to the Foundation, regardless of whether they are a registered user of the Portal;
7. "Portal" – the website "www.ofiaruje.pl" available under the domain: ofiaruje.pl;
8. "Terms and Conditions" – this document specifying, in particular, the rules and conditions for the operation and use of the Portal, the rights and obligations of Users, and the rights and obligations of the Foundation;
9. "Payment Intermediary Service" – Stripe.com – a payment intermediary service operated by the company under the name Stripe Payments Europe, Limited (SPEL) with its registered office in Dublin (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland),
10. "User" – any natural person, legal person, or organizational unit without legal personality who uses the Portal operated by the Foundation in any manner;
11. "Targeted Fundraiser" – a money collection action organized on the Portal by the Foundation aimed at achieving a specific objective ("Fundraiser Goal") within a specific timeframe, as indicated on the Portal,
12. "Ongoing Fundraiser" – a money collection action organized on the Portal by the Foundation aimed at supporting the statutory objectives of the Recipient without specifying a duration for the fundraiser.

§ 2. General Provisions

1. The Foundation makes the Portal available to Users at https://www.ofiaruje.pl  to service Fundraisers and Donations.
2. Registration and use of the Portal are voluntary and free of charge.
3. Every User using the Portal is obliged to read the Terms and Conditions and accept their content.
4. The logo and name of the Portal are legally protected and constitute intellectual property of the Foundation, protected by law. Any use of the logo or name of the Portal without the consent of the Foundation, outside of cases permitted by universally applicable law, is prohibited.
5. Economic copyright to graphic elements of the Portal and other content placed therein by the Foundation, constituting a work within the meaning of the Act on Copyright and Related Rights, as well as to the appearance of the Portal as a whole, belong exclusively to the Foundation or third parties with whom the Foundation has concluded relevant license agreements. Any copying, reproduction, or dissemination of elements of the Portal, as well as its appearance as a whole, without the consent of the Foundation, is prohibited.

§ 3. Donors – Registration

1. Donors may register on the Portal voluntarily and free of charge.
2. User registration is not a prerequisite for making a Donation; it merely allows access to Portal functionalities such as: donation history, commenting on Fundraisers, disclosing and hiding one's data, printing donation certificates.
3. User registration requires filling in at least the mandatory fields of the form. Registering an account on the portal results in the activation of the User Account and the conclusion of an agreement with the Foundation for the use of functionalities within the Portal under the terms and conditions specified in the Terms and Conditions.

§ 4. Donors – Portal Features

1. Every Donor may use the following Portal features:
   1. making Donations to the Foundation, including through Payment Intermediary Services,
   2. disclosing or hiding their data,
   3. downloading a donation certificate.
2. A registered Donor may use the following Portal features:
   1. managing their account;
   2. donation history;
   3. commenting on Fundraisers,
   4. disclosing and hiding their data,
   5. generating a summary of Donations made through the Payment Intermediary Service, provided that said Donations are assigned to the Donor's registered email address.

§ 5. Fundraisers and Making Donations

1. Upon successful completion of a Donation in a manner involving the submission of the User's email address to the Foundation, the User receives an email notification (this does not apply in particular to Donations made via SMS and bank transfer to the Foundation's bank account). The User may also receive the following information at the provided email address:
   1. about the completion of the Fundraiser as a result of reaching 100% of the Fundraiser amount,
   2. about the publication of the result of the Fundraiser on the Portal,
   3. about the publication of updates regarding the Fundraiser on the Portal,
   4. about the publication on the Portal of another Fundraiser for the Recipient on whose behalf the Fundraiser supported by the User was organized,
   5. referred to in Articles 23 and 24 of the Payment Services Act, combined with a thank-you note for the payment.
2. The Foundation allows making a Contribution to the Foundation, which it allocates entirely towards the implementation of its statutory objectives unrelated to the Fundraiser Goal. The amount of the Contribution is set freely by the Donor, but not more than an amount corresponding to 20% of the value of the Donation for the Fundraiser Goal. The Foundation may set a default value of Additional Support for a given Fundraiser, which the User can change freely. The User may also choose not to make a Contribution by setting its currency value to zero.
3. Banks and payment service providers, including Payment Intermediary Services, may charge Users fees and commissions in connection with transferring Donations, including currency conversion fees for payments in currencies other than Polish Zloty (PLN), and may apply their own exchange rates differing from publicly available interbank rates.
4. The total amount of Donations made by Users for a given Fundraiser may be visible on the Portal; however, this amount is indicative and may differ from the total amount of actually transferred Donations, due to potential delays in the banking system or incidental lack of response from the payment system, among other factors.
5. The Donor may transfer Donations in such a way that their identification details (signature: first and last name or pseudonym, and the Donation amount) are not visible to other Portal users (anonymous Donation) or in such a way that these details are visible to other Users.

§ 6. Technical and Legal Conditions for Using the Portal

1. In order to properly use the functionalities available on the Portal, including successful registration and logging in, the following requirements must be met jointly:
   1. connection to the Internet;
   2. possession of devices enabling the use of Internet resources;
   3. use of an up-to-date web browser capable of displaying hypertext documents on the device screen connected on the Internet via WWW web service, supporting the JavaScript programming language, and accepting cookies;
   4. in the case of Users completing registration, possession of an active email account.
2. It is prohibited to post on the Portal content of an unlawful nature or contrary to good morals, in particular content inciting racial, ethnic, or religious hatred, containing pornographic or erotic material, praising fascism, Nazism, communism, Marxism, promoting or depicting violence or its effects, particularly victims of violence, offending religious feelings, deemed offensive, violating the rights of third parties, in particular their personal rights, indicating impersonation of other individuals or entities; posting any links leading to the content described above is also prohibited. The above also applies to content included in User logins or names or profile URLs on the Portal. The provisions in the preceding sentences apply accordingly to any other content whose posting on the Portal indicates, in the opinion of the Foundation, an intention to use the Portal inconsistently with the purpose for which it is operated by the Foundation.
3. In the event of obtaining knowledge of the placement on the Portal of content referred to in paragraph 2 above or links leading to such content, the Foundation shall immediately block access to it and remove it.
4. Users are prohibited from posting data on the Portal containing bank account numbers, account identifiers on electronic money institution websites (e.g., PayPal), as well as links referring directly or indirectly to sources where the data described above is provided. In the event of a violation of the prohibition referred to in the preceding sentence, the prohibited data or links shall be removed by the Foundation. The Foundation also reserves the right to delete the Account of a User who violated this prohibition.
5. It is prohibited, without the prior consent of the Foundation, to place advertising, promotional, or marketing materials on the Portal (as well as links leading to such materials), unless otherwise provided by the Terms and Conditions.
6. A User posting any materials on the Portal, including their own image, consents to the dissemination of these materials by the Foundation.
7. The Foundation declares that the materials posted by it on the Portal, including in particular descriptions of Fundraisers, may be prepared by the Foundation based on information provided by Recipients seeking support. Based on the materials provided, the Foundation verifies the legitimacy of running the Fundraiser.
8. The User, by posting any materials on the Portal, declares that both these materials and their posting itself do not violate third-party rights, including in particular copyrights, related rights, or personal rights, and that to the best of their knowledge there are no other circumstances that could expose the Foundation to liability towards third parties.

§ 7. Personal Data and Complaints

1. Information on how the Foundation processes Users' personal data is provided in the Ofiaruje.pl Privacy Policy.
2. Every User has the right to submit a complaint regarding matters related to the functioning of the Portal.
3. Complaints should be submitted electronically (to the Foundation's email address: ofiaruje@ofiaruje.pl, with "Complaint" in the subject line) or in writing.
4. The Foundation responds to complaints within 30 (thirty) days from the date of receipt.
5. The response to the complaint will be sent to the User at the email address indicated in the complaint or, if the complaint was submitted in writing, to the email address indicated in the letter or in writing to the address indicated in the letter.
6. The Foundation informs that complaints regarding services provided electronically by third parties, access to which is related to Users' use of the Portal, including those provided by Payment Intermediary Services, are considered by these third parties in accordance with the terms and procedure specified in their respective terms of service.

 

§ 8. Account Deletion, Termination of Agreement

1. A User may delete their Account independently or request the Foundation to delete the Account by sending an email from the address assigned to the Account on the Portal. Deleting the Account means that it will no longer be possible to log in to the Account or continue using the Account's features. The Foundation processes the User's personal data associated with the Account for the period specified in the Portal's Privacy Policy or other detailed information regarding the rules of processing the User's personal data provided to such User.
2. Account deletion by the User is equivalent to submitting a declaration of termination of the agreement binding the User and the Foundation with immediate effect.
3. Submitting an email request for Account deletion is equivalent to submitting a declaration of termination of the agreement binding the User, effective on the date access (login) to the Account is made impossible for the User, which shall occur no later than within 30 days.
4. The Foundation may terminate the agreement with the User with immediate effect and delete their Account in the event that the User violates the provisions of these Terms and Conditions or, in connection with the use of the Portal, violates universally applicable legal provisions and has not ceased violations despite prior request.

§ 9. Amendments to the Terms and Conditions

1. The Foundation reserves the right to make amendments to the Terms and Conditions.
2. Any amendments to the Terms and Conditions will be displayed on the Portal at least
   14 days prior to the date the amendments enter into force.
3. Amendments to the Terms and Conditions become effective on the date specified by the Foundation, no shorter than specified in paragraph 2 above, unless legal provisions, a decision of a public administration authority, or a court ruling indicate that the amendment should enter into force on a different date.
4. The Foundation is entitled to amend the Terms and Conditions in particular in the following cases:
   1. changes in legal regulations affecting the content of the Terms and Conditions,
   2. an obligation imposed on the Foundation by a competent public administration authority or court affecting the content of the Terms and Conditions,
   3. changes in the functionality of the Portal, justified in particular by the development of the Portal or care for protecting Users' personal data,
   4. technological changes,
   5. editorial changes,
   6. changes in the Foundation's business model.

§ 10. Final Provisions

1. The current version of the Terms and Conditions is effective as of September 6, 2024.
2. The Terms and Conditions are available on the Portal's website.
3. The applicable law is Polish law.