§1
Initial provisions
These Regulations define the legal and technical rules and conditions for the provision of electronic services by Don Bosco Makululu Foundation with its registered office in Warsaw at 30, lok. 302 Mikolaja Kopernika Street, KRS: 0001103865; NIP: 5253003497; REGON: 528661738, which is its sole owner.
§2
Definitions
The terms used in these Regulations shall have the following meaning:
1. Service – the website at https://donboscomakululu.org run by Don Bosco Makululu Foundation with its registered office in Warsaw at 30, lok. 302 Mikolaja Kopernika Street (00-336), KRS: 0001103865; NIP: 5253003497; REGON: 528661738.
2. Aim – an action announced via the website, which consists in the collection of funds for the implementation of a specific goal which is in line with the statutory activity of the operator.
3. Operator – Don Bosco Makululu Foundation with its registered office in Warsaw at 30, lok. 302 Mikolaja Kopernika Street (00-336), KRS: 0001103865; NIP: 5253003497; REGON: 528661738.
4. Operator’s statutory objectives – objectives defined in the Statute for Don Bosco Makululu Foundation, which includes:
a. Initiating and supporting innovative solutions in various areas of social life, and especially in the protection of human rights and freedom, in the protection of family life and social prevention for Don Bosco Makululu and the poorest regions of Zambia.
b. Providing social assistance that enables meeting the necessary needs of people and families coming from Don Bosco Makululu and from the poorer regions of Zambia.
c. Taking actions aimed at helping people and families in need that come from Don Bosco Makululu and from the poorer regions of Zambia to become independent and also aims at their integration with the environment and ensuring life in conditions commensurate with human dignity.
d. Organizing and providing assistance in every dimension, in particular living, educational and medical assistance among people from the poorer regions of Zambia, with particular emphasis on the children from the Makululu Children’s Home in Zambia.
e. Activities for organizations whose goals are consistent with the activities of the Foundation, in particular those whose statutory goals are broadly understood: organizing and providing assistance in all dimensions, in particular humanitarian and living, educational and medical assistance among people from the poorer regions of Zambia.
f. Health protection and promotion among people from Don Bosco Makululu and poorer regions of Zambia.
g. Education and upbringing of people from Don Bosco Makululu and from poorer regions of Zambia.
h. Promotion and organization of volunteering.
i. Promoting knowledge about the history, culture and values of the places where aid is delivered.
j. Charitable activities.
k. Creating infrastructure and equipment needed for the foundation’s statutory activities.
5. Financial Intermediation Service – online payment service run by PayU Poland –with its registered office in Warsaw at 50. Krucza Street (00-025.
6. User – a natural person with full legal capacity, a legal person with legal capacity, an organizational unit without legal personality with legal capacity, which uses the services provided on the website by the Operator.
7. Donor – a natural person with full legal capacity, a legal person with legal capacity, an organizational unit without legal personality with legal capacity, which has made a payment using the financial intermediation service, bank websites or transfers and traditional direct debits for the realization of Operator’s statutory objectives.
8. Donation – donation within the meaning of Polish law, including the civil code, is the sum of money voluntarily donated by the Donor for the implementation of a specific statutory goal by the Don Bosco Makululu Foundation.
9. Newsletter – a magazine sent to Users who have agreed to receive it, to the e-mail address indicated in the form.
10. Services – services that are provided by the Operator to Users.
§3
General provisions
1. The Regulations of the website define the legal and technical rules and conditions for the functioning of the website, including: services provided by the Operator, the rights and obligations of users, donors and the operator, and the scope of operator’s liability.
2. Before using the website, each user should read the provisions of the Regulations and Privacy Policy.
3. A user accepts the Regulations by starting to use the website. Additionally, each user who wants to use the services provided by the operator accepts the Regulations by filling in the appropriate online form.
4. The Privacy Policy, which is available at https://donboscomakululu.org/privacy-policy-2/ In addition, Cookies Policy is available at https://donboscomakululu.org/wp-content/uploads/2024/06/cookies-policy.pdf
5. The contract between the operator and the user regarding the services specifies in §5 is concluded when the operator receives a correctly completed form for a specific service on the website.
6. The website works only to support and implement the statutory activities of the Don Bosco Makululu Foundation.
§4
Technical conditions
1. Using the website requires a permanent Internet connection Mozilla Firefox 3.0., Google Chrome or other browser with similar properties.
2. The website requires „cookies” to be enabled.
3. The user is independently responsible for ensuring the confidentiality of the transmitted data in terms of devices and networks used.
§5
Provided services
1. The website allows the user to view posted goals and make payments to them.
2. The website allows users to subscribe to the Operator’s newsletter.
3. The website sends its donors messages with thanks to the e-mail address provided by the user.
§6
Using the Website
1. Using the website is voluntary.
2. The operator will make every effort to ensure the continuity of the website. However, the operator reserves that there may be interruptions in order to update information, fix errors, conduct maintenance work. The operator is not obliged to inform about any interruption in website’s functioning.
3. The operator reserves that all materials and messages available on the website are protected by copyright. It is forbidden to use the website or any part of it, including copying, reproducing, disturbing and other forms of using the materials and information posted on the website to the extent that goes beyond the limits of the permitted law, subject to the information referred to in paragraph 4.
4. Taking advantage of the website or any part of it is available only with the operator’s consent in writing.
5. The user commits oneself to use the website in a consistent way with its intended use.
6. Using the website cannot violate generally applicable law, the provisions of the Regulations and the Privacy Policy.
7. By making a donation, the donor declares that one is the owner of the transferred funds and has the right to dispose them independently.
§ 7
Donation rules
1. All donations mentioned in these Regulations may be done through paying the amount to the account of the Don Bosco Makululu Foundation, using the financial intermediation service, bank websites or transfers and traditional direct debits.
2. Once the donation is transferred, the user becomes a donor within the meaning of the Regulations.
3. If the user voluntarily selects a payment via the financial intermediation service – the financial intermediation service charges a commission for its benefit – in accordance with the terms of the agreement concluded between the financial intermediation service and the operator. The operator does not earn any commission income.
4. The operator declares that the donation provided by the user is used for the purposes indicated on the website, which are included in the statutory activity of the operator.
5. Once the donation is done via financial intermediation service, the donor receives an automatic confirmation of completing the payment form on the website and a thank you message for the donation. The acknowledgement will be sent via e-mail when the payment has entered in the accounts.
6. Once the payment is done out of financial intermediation service, the donor will receive a thank you for the donation by e-mail after the payment is booked to the Don Bosco Makululu Foundation.
7. If, due to the reasons beyond the operator, during the action, the purpose for which the collection is conducts becomes pointless, the operator has the right to allocate the entire amount for the implementation of statutory objectives.
8. Once the amount collected for a given purpose is higher than needed and collected for its implementation, the operator reserves the right to allocate the collected surplus to the implementation of statutory objectives.
9. In the case of the situation referred to in paragraph 7-8, the operator commits itself to apprise users about it by posting appropriate information on the website.
§8
Newsletter
1. When the user agrees to receive the Newsletter from the Operator via the website, it will be sent each time by the Operator to the e-mail address provided by the user in the form.
2. The user may unsubscribe receiving the Newsletter by pressing the active button at the end of each Newsletter as follows „unsubscribe”.
§9
Liability
1. Using the website is voluntary and the user takes advantage of it at one’s own risk.
2. The operator is not liable to users or third parties due to damage and/or harm that may arise in connection with: technical problems of the website, including its updating, loss of data, actions of the users or third parties that are in conflict with the Regulations or Privacy Policy.
3. The operator is not responsible for any consequences of the users’ use of the information obtained through the website, including the consequences of the decisions made by users.
4. The operator is not responsible for blocking the sending of e-mail messages (or deleting e-mails) by administrators of mail servers or by software installed on the computer of the person using the website, including anti-spam filters.
5. The operator is not responsible for any obligations of users or third parties.
6. The operator may, via the website, enable users to access services provided by third parties. However, the operator does not take any responsibility for the acts or omissions of third parties, including the acts and/or omissions of the Financial Intermediation Service.
7. If the user takes advantage of the website in a manner inconsistent with the law or the provisions of the Regulations or the Privacy Policy, as well as in the case of infringement of personal rights by the user, the user shall be fully responsible for the damage caused.
8. The user is obliged to act in accordance with the law, decency and the principles of social coexistence. In the event of a breach of the above rules, the user is fully responsible for the damage and harm caused.
9. The operator places on the website as close as possible to the actual amount of donations that have been provided by users for a specific purpose for which the collection is carried out. Hoverer, the operator reserves that this sum may differ from the sum of the donations actually made due to possible delays in the operation of the banking system, the accounting process or the lack of responses from the payment system.
§10
Complaint
1. The user has the right to make a complaint in matters related to the functioning of the website.
2. The complaint referred to in paragraph 1, should be sent by an e-mail to the contact@donboscomakululu.org, or in written form to the Operator’s registered office address.
3. The user may submit a complaint in writing within 14 days from the date of the event giving rise to the complaint.
4. The Operator is obliged to handle a complaint and provide answers within 14 days. The answer may provide either in an electronic or written form to the User’s address known to the Operator.
5. The Operator does not consider complaints related to the functioning of the financial intermediation service. These complaints should be submitted directly to the financial intermediation service.
§11
Regulations’ rules
1. The operator has the right to amend the Regulation in the case of important reasons, as specified below, but not exclusively:
a) due to the change of generally applicable law;
b) if necessary to fulfil the obligation resulting from a valid court decision or decision of an administrative authority;
c) in the case of changes related to the functioning of the website or any of the services provided by the website;
d) in the case of changes related to the address, registration and structural data of the Foundation;
e) when necessary, changes due to safety reasons;
f) in the case of other special circumstances justifying the change.
2. Information about the change implemented to the Regulations in accordance with this paragraph will be provided to the user in one of the following ways, i.e. via:
a) electronic message to the e-mail address provided by the user;
b) messages by displaying them on the website, at least 14 days in advance. The changes come into force on the date indicated in the notification.
§12
Final provisions
1. The Regulations are valid from the date of their publication on the Website.
2. The Regulations are available in electronic form on the Website.
3. Contact with the Operator is available via e-mail contact@donboscomakululu.org as well as in written form at the address of the Operator’s registered office.
4. In matters not covered by the Regulations, the rules of generally applicable law shall apply.
5. The place of jurisdiction for any disputes related to the functioning of the Website is the court competent for the Operator’s residence.
