Terms of Use
The company named "GIVELINK PRIVATE CAPITAL COMPANY" and the title "Givelink", hereinafter referred to as "the Speculative Company"or "Givelink IKE," is a Private Capital Company based in Municipality of Patras, 69 Gounari Street, with Tax Number 801839272, Patras Tax Office, and General Electronic Registry (GEMI) number 164308816000, which created, maintains, and full ownership, possession and legal use of a central internet mobile phone application, as it operates on the https://givelink.app/el (hereinafter "the Application" or "Platform"), as well as any information or data (e.g., documents, filestexts, graphics) contained therein, hereinafter referred to as "Material," for the purpose of making monetary donations and using to purchase food and/or other items (hereinafter "the products") suppliers collaborating with the platform (hereinafter "the supplier"and their direct delivery to the address selected by the user of application (hereinafter "the User") non-profit organization/institution (hereinafter referred to as "the Organization").
The company under the name "GIVELINK PHILANTHROPY CIVIL NON-COMPANY" and the distinctive title "Givelink Philanthropy", referred to as "the Non-Profit Company" or "Givelink," is a Non-Company based in the Municipality of Patras, at 69 Gounari Street, Tax Identification Number 802699416, Patras Tax Office and GEMI 181168916000, is a subsidiary of the For-Profit Company, and has established with the aim of promoting philanthropy, among other thingsthrough the implementation of donations and sponsorships, in cash or in kind, to charitable organizations and institutions.
The For-Profit Company has entered into a private agreement with Non-Profit Company in order for the latter to acquire full rights to the Application, with the aim of using it as a means to achieve purpose. Under this agreement, Givelink AMKE grants natural and persons (the "Donors") access, through the Application, to consumer goods (the "Goods"), which will be selected by them for purpose of donating (the "Donation") to non-profit organizations institutions with charitable and philanthropic purposes (the "Recipients").
Through the Application, the Non-Profit Company (Givelink AMKE) will, indicatively, perform the following actions:
- post the current needs and shortages of potential Beneficiaries on Application so that Donors are aware of them, and update them when they change,
- it will give Donors access to select the Goods that will be the of the Donation and to complete the process by paying the Donation amount,
- it will receive the Donors' instructions for the management and implementation of the Donation, taking their personal details,
- will contract with the suppliers of the Goods indicated to it by Grantor for the respective order thereof and the subsequent delivery thereof to the Donees, for the purpose of implementing the Donation,
- inform the Donors of any amount withheld to cover the operating costs the Application and provide the Donors with any other information deemed necessary for the purposes and within the framework of the Donation,
- take any other action related to the organization, management, completion of the Donation, which must be carried out through the Application and is necessary for the implementation of its purpose.
The supplier from whom the products are purchased may be company/retail store, craft or industry and is in a tripartite cooperation agreement with Givelink IKE and Givelink AMKE, both for achievement of sales through the distribution of their products on platform (part of the agreement concerning the For-Profit Company), well as to facilitate the processing and delivery of products by the Non-Profit Company to organizations (part of the concerning the Non-Profit Company). In addition, the included in the platform also have a private cooperation agreement with the Non-Profit Company for the receipt of donations through it.
In this way, the Non-Profit Company acts as an intermediary/mediatorconnecting the organizations (which declare and display their product needs in the application through the specially interface they manage) with users and the supplier, in order to online monetary donations to be made to the Non-Profit Company, and subsequent purchase of products from the supplier, always based on the product and organization preferences of the Donors.
The use of the Application, the services offered through it, and Material is subject to these Terms of Use, as applicable, constitute the agreement between the Non-Profit Company and any who downloads and visits the Application regarding their use. Any to and use of the Application (including simple browsing) indicates User's unconditional acceptance of the Terms of Use, as at any given time. If the User has registered with the Application, we may use their contact details to send emails, in compliance with the provisions of Law 4624/2019, decisions and guidelines of the Personal Data Protection Authority, the General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament (GDPR).
The Application, under the terms and conditions set forth herein and applicable laws and regulations, grants the User a non-exclusivenon-transferable, personal, limited right to access and use application and its contents. This license does not in any constitute a transfer of title or rights to the application or any its elements and is subject to the following restrictions: (1) the must retain on all copies of the website, the application and elements, all copyright and other proprietary notices, and (2) may modify the application and its content in any way or reproduce publicly display them, or distribute or otherwise use the website, application and its elements, or our logo for any public or purpose, unless otherwise permitted herein. By accepting these termsUsers agree not to transfer or assign their rights or obligations not to engage in unauthorized commercial or other use of the for any purpose other than that mentioned above. In the event of use the application through Apple App Store or Android App Store stores, the User acknowledges that the availability of the depends on the third-party provider from whom they receive application license (Apple App Store or Android App Store store), but this agreement is between you and the Company only, not app store. The User is solely responsible for performing the or available software updates of the Company's Application in order to use the currently available and optimized version of the Application.
Use of the application by minors
The User declares that they are at least 18 years of age and have legal capacity, or are between 14 and 17 years of age, provided they operate with the consent, responsibility, and supervision of parent/guardian or other responsible entity and that all provisions the applicable legal system of their place of residence are metguardian or other responsible entity and that all provisions of the legal order of their place of residence are complied with.
Creating an Account on the Website/Application
In order for the User to use the Company's services, they create an account on the Application. To complete their registration, will ask them for certain personal information, such as a valid address, first name, last name, and unique password. The User'unique password must not be disclosed to anyone and they agree to it secret at all times. The User is solely responsible for their password. In case of loss of the password due to ignorance, lackor any other reason that does not conflict with these terms, the user can follow the relevant procedure when logging into the application.
The User is obliged to provide us with complete and accurate information for the proper processing of their orders/donations.
The User may delete their account from the profile they have created our Application at any time. We reserve the right to restrict access the Website or the Application or to delete an account if we reasonably deem it necessary, such as, for example, if we believe that:
- Someone other than the User is using their Givelink account, or
- The User has engaged in any activity or behavior that violates Terms and our policies, or is involved in activity or behavior that we deem, at our sole discretion, to constitute abuse of our services.
Prohibited Actions and Behaviors
Both the For-Profit and Non-Profit Companies reserve the right investigate and take legal action, at their sole discretion, anyone who engages in illegal or prohibited actions or behaviors that undermine the operation of the Application.
Such actions/behaviors include, but are not limited to, the following:
- Unauthorized use of the Website/Application in a manner that violates applicable law
- Posting content on the Application that is illegal, defamatorythreatening, offensive, racist, incites hatred, or constitutes exploitation of any other person or entity
- Posting content on the Application that infringes on the intellectual property rights of another person
- Posting content on the Application that constitutes spam or cyber-bullying or that reflects dangerous/threatening behavior
- Collecting information on the Application concerning third parties who have not given their consent to this
- Unauthorized use of third parties' login details to access the Application and unauthorized use of the corresponding accounts
- Posting false or misleading information by organizations regarding product needs and quantities. The organizations included in application are required, based on a relevant contract signed with company, to provide accurate data about their needs. The company no responsibility in the event of false information provided organizations; sole responsibility lies with the organization in question.
In cases where there are suspicions/prohibited actions are identifiedboth Companies reserve the right (but are not obliged) to take action they deem necessary at their discretion, including but not limited to:
- Investigate any allegation and/or indication that "uploaded" to the Application is exploitative, threateningillegal, or in any way does not comply with these Terms, and to remove or request the removal of such content
- To monitor, edit, and remove content from the Application at their sole discretion (without necessarily being content that violates these Terms)
- Suspend or terminate a user's access to the Application or their account on it due to a violation of the terms
- Suspend or terminate an organisation's participation in the platform due to a violation of the above terms
- Cancel an order and/or suspend, deactivate or close a User account their discretion if there is reasonable suspicion or fraudulent or suspicious activity is detected in that account or an originating from a suspicious account or a User account for which are suspicions that it has been compromised or for any other prohibited action in accordance with the above.
- Indicatively and not restrictively, suspicious activity regarding user's account that may lead to its deactivation/deletion or to restriction of the services provided by the Non-Profit Company may considered to be the use of inaccurate personal data, transaction disputes, the notification of any of the Companies by enforcement authorities to provide information regarding electronic activity, or notification by a bank regarding activity, stolen or lost means of payment. In the above cases, Non-Profit Company shall notify the user by any appropriate means and its discretion, to the extent possible and provided that notification does not conflict with objectively justified security reasons or is not prohibited by applicable European or national law.
Donations and Orders
When the User completes a donation through the Application, they make monetary donation to the Non-Profit Organization, indicating, the selection of the charitable organization and specific products, how they wish the Non-Profit Organization to use the donation money.
Upon successful completion of the donation, the User receives confirmation message for the donation-order from the organization have selected within the application, as well as a corresponding message to the email address they provided during registration.
Since the donation agreement is between the User and the Non-Organization, the latter is responsible for issuing the tax document required by law (Proof of Monetary Gift).
The organization is not obliged to provide the user with any kind donation receipt, as this is not a direct donation to the user, but monetary donation to the Non-Profit Organization and an instruction use the donation to purchase the selected products ("order") and sending them to the selected charitable organization.
Based on its articles of association, Givelink AMKE is obliged to useto the extent possible, 100% of the money it receives from the User/Donor, based on the organization's wishes and products.
In the event of any shortages or inability to serve by the suppliers the products, Givelink AMKE reserves the unconditional right change/modify the products and/or quantities in a manner appropriate by itself and/or the supplier, in order to enable the to be fulfilled and delivered to the organization. In any case, howeverthe value of the products purchased will be as close as possible to the value of the User/Donor's monetary donation.
Each order is not distributed separately and directly to organization's premises, but the Non- Profit Company has ability to collect orders for product purchases from many separate donations and place collective orders with the supplier, and collective donations in kind to each organization, within a period time that may vary. In any case, the time between the initial donation and the completion of the donation in kind to the organization may be up to 2 months.
When the products of the order/donation in kind from Givelink arrive at the organization's premises, the latter must send user a confirmation message of receipt, as well as confirmation material. The photographic material sent by organization may include either all the products of the collectively, or the products of each user's order/separately, or both. The final content of the material is at discretion of the organization, but is limited to the options mentioned above.
It should be noted that the collection of products for orders is out by the supplier on the day of receipt by the organization, and that there is no commitment to quantities until the collection process.
Communication with organizations
The Non-Profit Organization allows donors to communicate directly the organizations receiving their donations through the applicationThis option is activated as soon as a monetary donation is received, where the user receives an automated message set by organization. The automated messages, as well as any messages follow from the organization, are defined exclusively by organization itself, and the company bears no responsibility for their content.
How charitable organizations are displayed in the application
The way in which the various organizations included in the platform receiving donations are displayed is based on a "algorithm." The algorithm "reads" the completeness of the organizations, which is calculated based on total number of products that have already been donated to organization each time, divided by the total number of products that organization requests to cover. In this way, and multiplying by 100, "Completeness Percentage of each organization" is obtainedand thus the organizations are ranked in ascending order (the one the lowest percentage appears first, the one with the highest percentage last)..
Links to other websites
The application includes links to other websites, which are by their administrators/owners and in no case by the For-Profit or the Non-Profit Company. In this regard, it is specified that of the two companies is in a position to control the availabilitycontent, personal data protection policy, in short, the quality completeness of the services of other websites to which it may through links (links, hyperlinks). Therefore, for any problem malfunction arising from these, the visitor/user of the website contact the competent administrators – the owners of the above websiteswho bear the relevant responsibility for them, excluding any on the part of the companies, even for slight negligence. Consequentlythe Companies are in no way responsible for the content of the websites, nor do they declare that they agree with, follow, or the policy that they may follow, nor do they identify in any way the positions, opinions, and do not endorse or accept their content general. We note that the application is expressly, clearly, categorically distinct from the third-party service providers that be featured or advertised on it, and therefore are not involved in way and, accordingly, neither company bears any responsibility for commercial transaction that may arise from the relationship between them.
Charges - Pricing Policy - Payments
Both the For-Profit Company and the Non-Profit Company are not directly funded by the organizations included in the Application.
Non-Profit Company
The Non-Profit Company is funded by Users through monetary made by the latter through the application. The Non-Profit Company must use these funds for the purpose mentioned above in these Terms of Use.
In addition, the Application offers the option of optional (Optional Contribution) to users, either as an additional (from 0 to 15%) or as a freely adjustable amount. Both options, as as the final value of the Optional Contribution, are at the discretion of the user/donor before completing their monetary donationAny final amount attributed as an Optional Contribution increases value of the monetary donation, but for this part alone, the Non-Company's obligations to convert it into corresponding donations in kind do not apply.
The total amount of this part of the monetary donations received users may be used by the Non-Profit Company as financial compensation the For-Profit Company for the above concession of the platform for useon a monthly basis, as provided for in the aforementioned private agreement between them.
The monetary amount of the donation, increased by the Contribution, is immediately credited to the user's bank through the Application by Givelink AMKE, and the transaction is within the day the donation is made. Givelink AMKE is not for any errors or delays in debiting for actions oromissions of parties, and in particular for any delays or technical problems of kind during the settlement of transactions by the issuing bank of the user's credit/debit card.
For-Profit Company
The For-Profit Company does not participate in any transactions directly with the users of the platform. Its revenue from this application comes from:
- The financial consideration it receives from the Non-Profit for the provision of the platform, which was created and is maintained by the Profit-Making Company.
- The financial compensation derived from agreements with suppliers whom it provides marketing services, making their products on the platform for users to select and add to their "Donation Basket."
Due to the time interval that may exist between the completion of order by the user and the final shipment of the products by cooperating suppliers, the monetary amount of the order, increased the percentage mentioned below, is immediately reserved in its account. The prices of the products displayed in the Application are euros (€) and include VAT, in accordance with the provisions of applicable legislation. Before checkout for each donation, a of the individual prices of the user's desired goods for ordering and donation in kind by Givelink AMKE is displayed, as well their quantities and the total amount to be paid, which is referred to as the Donation Basket. The prices listed on the are determined by the collaborating suppliers at their sole discretion and for this reason may be subject to change and variation.
Limitation of Liability
The Non-Profit Organization carries out validity and transparency by entering into private contracts with the organizations in the application before they are included. In any case, however, responsibility and jurisdiction for checks on the legality transparency of the organizations' operations lies solely with competent authorities. It should be noted that in the event of or unethical acts on the part of organizations, the Non-Profit bears no responsibility whatsoever, beyond reviewing or suspending participation of the organization in question in the application and terminating the relevant contract between the two parties.
The For-Profit Company that created and maintains the application solely responsible for fraud or gross negligence and to the extent its liability can be substantiated under applicable law. By using Application, Users acknowledge and agree that the content of platform is provided "as is" and "as available" that their use of or reliance on it and any content, goods, products, services they access or obtain through it is solely at their own and discretion. The Speculative Company makes reasonable efforts ensure that the Application and the services we offer are available all times, but we do not guarantee or represent that our will be provided to Users in a secure, timely, uninterruptederror-free, and free of technical difficulties, defects, or virusesUsers should expect temporary interruptions in the operation of Application due to scheduled or regular system maintenanceinterruptions due to internet or electronic communications, or events force majeure. Therefore, the Speculative Company is not responsible any delays, delivery failures, or damages, losses, or injuries from any problems inherent in the use of its platform, the internet, and electronic communications in general.
The Speculative Company and the Non-Speculative Company, as well their employees, or other representatives or agents, shall not be under any circumstances for any consequential, incidental, indirectspecial damages or expenses or monetary penalties, including, but limited to, lost profits, business interruption, loss of information data, or loss of customers, loss or damage to property, and third-party claims arising out of or in connection with the usecopying, or displaying this website or its contents or any other website, regardless of whether the Companies were informed, knew, or should have known of this possibility.
The Speculative Company, their employees, or other representatives agents, shall have no responsibility for the quality, maintenancestorage, and control of the food and products displayed on Application, which are sold and delivered by its partner suppliersFurthermore, no liability to the Non-Profit Company, its employees, other representatives or agents exists in the event that content organizations that is contrary to good morals or laws, etc., appears on the application.
Finally, the partner suppliers-companies that collaborate with the Companies (Givelink IKE and Givelink AMKE) are responsible processing orders solely for the purpose of preparing and delivering them.
Right of Withdrawal
Users have the option to withdraw from the transaction and request refund of the amount they paid within 7 days of registering the donation. The right of withdrawal ceases to apply once Givelink AMKE sent the order electronically to the supplier to which the user'donation belongs. It should also be noted that any exercise of the of withdrawal by the User is exclusively against Givelink AMKE, excluding
Users may exercise their right of withdrawal by any means provided law, and in any case, this right shall be deemed to have been exercised if the User who wishes to withdraw sends a relevant email to contact@givelink.app. This form must include:
- The full name of the buyer/donor
- The email address
- A contact telephone number for the buyer/donor
- The date and time of the purchase transaction
- The organization receiving the donation
- The supplier from whom the products were purchased
- The products for which withdrawal from the transaction is required (if all, write "All").
Givelink AMKE allows its Users to correct, modify, supplement, or data and information they have provided to the Application. If the chooses to delete a piece of information/data, Givelink AMKE will act delete that information/data from its files immediately. In order Users to access, change or delete their personal data, to problems regarding the operation of the website or to address questions, they can contact the Non-Profit Organization by email contact@givelink.app. Please note that we will do everything possible protect your personal data, but the protection of your password to Website also depends on you. For more information on the protection of their personal data, Users can read the Privacy Policy.
Transaction security
The Speculative Company that creates, maintains, and licenses platform for use by the Non- Profit Company is committed to ensuring security and integrity of the data collected through the regarding Users. The For-Profit Company has adopted procedures protect the personal data that Users disclose to its Application provide by any other means. These procedures protect Users' data the maximum extent possible from any unauthorized access or disclosureloss or misuse, alteration or destruction. They also help to ensure that this information is accurate and used correctly.
Complaints
If Users have complaints about the order-taking services provided by Non-Profit Company, they can contact the Customer Service Department email at contact@givelink.app or via chat-direct messaging with accounts on various social media platforms (Facebook messengerInstagram). Any personal data of Users that comes to our attention the purpose of submitting complaints will be treated in accordance with our current privacy policy.
Intellectual Property
All trademarks, logos, images, and service marks, including those these Terms, as they appear in the Application or promotional materialare the intellectual property of the For-Profit Company and/Non-Profit Company and/or third parties who have authorized it with right to use these proprietary rights (collectively, "Intellectual Property").. Users may not use, copy, reproducerepublish, upload/ download, publish, transmit, distribute, or modify any way the intellectual property of the For-Profit and/or Non-Company without the prior express written consent of the latter. The of our intellectual property rights, including, but not limited totrademarks and copyrights in the Givelink logo on any other without relevant approval is strictly prohibited. In the event of breach of these terms, both Companies shall be entitled to their rights to protect their intellectual property in accordance the provisions of applicable law. Both the For-Profit and Non-Companies, to the extent that each is responsible, neither guarantee represent that the use of the materials appearing on the Platform not infringe or constitute an abuse of any third party rights. Any of any material posted on the Non-Profit Company's Website/Application is the responsibility of the User.
Periodic Changes
The Non-Profit Company is constantly expanding, updating, and its Application, as well as related products and services, and these terms of use accordingly. We recommend that Users read the of Use at regular intervals in order to be informed of any changes their content. The Terms of Use are subject to change without notice to Users.
Applicable Law and Jurisdiction
These Terms of Use and any amendments thereto are governed by Greek lawAny dispute arising from this agreement that cannot be resolved out court shall be settled by the competent courts of Athens. All rights remedies under the Terms of Use are cumulative and do not exclude other rights and remedies provided by law or other agreement.
If any provision of these Terms of Use is found to be invalid by court having competent jurisdiction, the invalidity of such shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
Contact
For any questions or clarifications regarding our services, please contact contact@givelink.app.