Terms and conditions
Terms and Conditions of the THANKS FOR THE HELP Foundation
Effective from 01.03.2023
1. „Donation” – a non-refundable amount constituting a donation within the meaning of the provisions of the Civil Code of Polish law, transferred to the Thanks For The Help Foundation;
2. „Foundation” – Thanks For The Help Foundation, located in Chorzów, Kościuszki Street 63, 41-500 Chorzów, registered in the register of associations, other social and professional organizations, foundations, and independent public healthcare facilities, under the KRS number 0001000486, whose registration files are kept by the District Court Katowice Wschód in Katowice, Division VIII Economic of the National Court Register, NIP 6272781115, REGON 523620367;
3. „Organization” – A user being:
- A foundation registered under the law of the country in which it was registered,
- An association registered under the law of the country in which it was registered,
- A legal organizational entity, e.g., a religious organization, government social welfare center, school, city office, state organization, or another organization operating under the law in which it was registered,
3.1. The Thanks For The Help Foundation reserves the right not to recognize an Organization if it does not meet
organizational and legal conditions or if there are doubts about the validity of its operations.
4. „Donor” – an individual or entity whose purpose is to transfer Donations to the Thanks For The Help Foundation,
5. “Website” – websites managed by the Thanks For The Help Foundation at the following addresses:
6. „Beneficiary” – an individual under the age of 18 or an entity who receives financial support or for whom a financial collection has been organized by the Thanks For The Help Foundation in accordance with its statute
7. „Terms and Conditions” – this document defining, in particular, the rules and conditions of the Portal’s operation, rights and obligations of the Users, as well as the rights and obligations of the Foundation;
8. “Financial Intermediary Service”:
Paypal.com, a financial intermediation service operated by PayPal (Europe) S.àr.l. et Cie, S.C.A. based in Luxembourg (R.C.S. Luxembourg B 118 349);
9. “User” – every natural person, legal person, or organizational unit without legal personality who uses the websites run by the Foundation in any way;
10.“Collection” – is an action organized on the Foundation’s website that involves raising money to achieve a specific goal indicated in the collection description;
§2. General Provisions
- The Foundation provides its current contact details to Users at https://foundationthanksforthehelp.org/about-the-foundation/;
- Using the website is voluntary and free of charge;
- Every User using the website is obliged to familiarize themselves with the Terms and Conditions and accept its content;
- The logo and name of the website are legally protected and constitute rights based on a license granted to the Thanks For The Help Foundation. Any use of the logo or name of the website without the Foundation’s consent is prohibited;
- Copyrights to the graphical elements of the website and other content placed therein by the Foundation, which constitute a work within the meaning of the Polish Copyright and Related Rights Act, belong exclusively to the Foundation or third parties with whom the Foundation has concluded appropriate licensing agreements. Any copying, duplication, or dissemination of elements of the website, as well as its appearance as a whole, without the Foundation’s consent, is prohibited;
- Sending photos and data of the Beneficiary to the Foundation’s email address constitutes consent for its publication on the Foundation’s website
§3. Fundraisers and Donation Transfers
- Fundraisers on the Foundation’s website are organized exclusively by the Foundation;
- Any amount transferred to the Foundation via available donation channels constitutes a donation to the Foundation and is non-refundable (except in cases provided for by law). Donors do not receive any reciprocal services from the Foundation for their donations;
- Donors can make donations through Financial Intermediary Services, by bank transfer to the Foundation’s account, or using other methods of donation indicated on the website. The Foundation does not accept cash donations;
- 6% of the amount collected as part of each fundraiser, and any other amount donated to the Foundation for a specific purpose (unless the Foundation decides to reduce or, in special cases of donations made outside the website, increase this value) rounded to the nearest cent in accordance with decimal rounding rules, is the amount allocated by the Foundation to achieve its statutory objectives, especially covering administrative costs related to organizing fundraisers and maintaining the website. The donor acknowledges and accepts this;
- A donation without a specified purpose is entirely allocated to the statutory purposes of the Foundation;
- Banks and payment service providers, including Financial Intermediary Services, may charge donors fees and commissions related to making donations, including fees for currency conversions for payments in currencies other than Polish złoty, and may use their own exchange rates, which differ from publicly available interbank rates;
- The total amount of donations made by donors for a specific fundraiser is visible on the website through PayPal system information. The amount shown for a particular fundraiser is an estimated amount and may differ from the total amount of donations actually made. This might be due to delays in updating amounts directly transferred to the Foundation’s bank account by donors;
- Donors transferring money through the PayPal system for a specific fundraiser can make donations so that their identification details are not visible to other website users (anonymous donation) or so that these details are visible to other users;
- To promote fundraisers online, users can use banners prepared by the Foundation, based on terms specified in a separate set of regulations.
§4. Reporting a Beneficiary
- Beneficiaries are reported by filling out and submitting an Application found on the website.
- The Foundation reviews the application and informs about the next steps via the email address provided in the application.
§5. Personal Data
- Every user has the right to file a complaint regarding the operation of the website.
- Complaints should be submitted electronically (to the Foundation’s email address: Office@thanksforthehelp.org, with the subject line “Complaint”). The Foundation will respond to the complaint within 30 (thirty) days from its receipt.
- The response to the complaint will be sent to the user’s email address provided in the complaint.
- The Foundation informs that complaints concerning electronic services provided by third parties, including those provided by Financial Intermediary Services, are handled by these third parties according to the terms and conditions set in their service provision regulations.
§7. Changes to the Regulations
- The Foundation reserves the right to make changes to the Regulations.
- Any changes to the Regulations will be highlighted on the Portal at least 15 days in advance of the date the changes come into effect.
- Changes to the Regulations become effective on the date indicated by the Foundation, no earlier than the period specified in paragraph 2 above, unless legal provisions, decisions of a public administration body, or a court ruling indicate that the change should take effect on a different date.
- The Foundation is entitled to change the Regulations, especially in the following cases: a. changes to legal provisions affecting the content of the Regulations, b. obligations imposed on the Foundation by a competent public administration body or court affecting the content of the Regulations, c. changes in Portal functionalities, especially justified by the Portal’s development or care for users’ personal data protection, d. technological changes, e. editorial changes, f. changes in the Foundation’s business model.
§8. Final Provisions
- The Regulations in its current version are effective from March 1, 2023.
- The Regulations are available on the website of the Portal. The applicable law is Polish law.
- Concerning the beneficiaries, in the event of a conflict between the provisions of the Regulations and the Regulations for granting social assistance by the Foundation, the provisions of the latter document prevail.
On behalf of the Foundation
President of the Board of the Thanks For The Help Foundation