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Terms of Use

The company named "GIVELINK PRIVATE CAPITAL COMPANY" and the distinctive title "Givelink", hereinafter referred to as "the Speculative Company" or "Givelink IKE," is a Private Capital Company based in the Municipality of Patras, 69 Gounari Street, with Tax Identification Number 801839272, Patras Tax Office, and General Electronic Commercial Registry (GEMI) number 164308816000, which created, maintains, and has full ownership, possession and legal use of a central internet and mobile phone application, as it operates on the website https://givelink.app/el (hereinafter "the Application" or "the Platform"), as well as any information or data (e.g., documents, files, texts, graphics) contained therein, hereinafter referred to as the "Material," for the purpose of making monetary donations and using them to purchase food and/or other items (hereinafter "the products") from suppliers collaborating with the platform (hereinafter "the supplier"), and their direct delivery to the address selected by the user of the application (hereinafter "the User") non-profit organization/institution (hereinafter referred to as "the Organization").

The company under the name "GIVELINK PHILANTHROPY CIVIL NON-PROFIT COMPANY" and the distinctive title "Givelink Philanthropy", hereinafter referred to as "the Non-Profit Company" or "Givelink," is a Non-Profit Company based in the Municipality of Patras, at 69 Gounari Street, with Tax Identification Number 802699416, Patras Tax Office and GEMI number 181168916000, is a subsidiary of the For-Profit Company, and has been established with the aim of promoting philanthropy, among other things, through 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 the Non-Profit Company in order for the latter to acquire full rights to use the Application, with the aim of using it as a means to achieve its purpose. Under this agreement, Givelink AMKE grants natural and legal persons (the "Donors") access, through the Application, to basic consumer goods (the "Goods"), which will be selected by them for the purpose of donating (the "Donation") to non-profit organizations and institutions with charitable and philanthropic purposes (the "Recipients").

Through the Application, the Non-Profit Company (Givelink AMKE) will, indicatively, perform the following actions:

  1. post the current needs and shortages of potential Beneficiaries on the Application so that Donors are aware of them, and update them when they change,
  2. it will give Donors access to select the Goods that will be the subject of the Donation and to complete the process by paying the Donation amount,
  3. it will receive the Donors' instructions for the management and implementation of the Donation, taking their personal details,
  4. will contract with the suppliers of the Goods indicated to it by the Grantor for the respective order thereof and the subsequent delivery thereof to the Donees, for the purpose of implementing the Donation,
  5. inform the Donors of any amount withheld to cover the operating costs of the Application and provide the Donors with any other information deemed necessary for the purposes and within the framework of the Donation,
  6. take any other action related to the organization, management, and 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 a company/retail store, craft or industry and is in a tripartite private cooperation agreement with Givelink IKE and Givelink AMKE, both for the achievement of sales through the distribution of their products on the platform (part of the agreement concerning the For-Profit Company), as well as to facilitate the processing and delivery of products purchased by the Non-Profit Company to organizations (part of the agreement concerning the Non-Profit Company). In addition, the organizations 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/mediator, connecting the organizations (which declare and display their actual product needs in the application through the specially designed interface they manage) with users and the supplier, in order to enable online monetary donations to be made to the Non-Profit Company, and the 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 the Material is subject to these Terms of Use, as applicable, which constitute the agreement between the Non-Profit Company and any person who downloads and visits the Application regarding their use. Any access to and use of the Application (including simple browsing) indicates the User's unconditional acceptance of the Terms of Use, as applicable at any given time. If the User has registered with the Givelink Application, we may use their contact details to send informative emails, in compliance with the provisions of Law 4624/2019, the decisions and guidelines of the Personal Data Protection Authority, and 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 all applicable laws and regulations, grants the User a non-exclusive, non-transferable, personal, limited right to access and use this application and its contents. This license does not in any way constitute a transfer of title or rights to the application or any of its elements and is subject to the following restrictions: (1) the User must retain on all copies of the website, the application and their elements, all copyright and other proprietary notices, and (2) may not modify the application and its content in any way or reproduce or publicly display them, or distribute or otherwise use the website, the application and its elements, or our logo for any public or commercial purpose, unless otherwise permitted herein. By accepting these terms, Users agree not to transfer or assign their rights or obligations and not to engage in unauthorized commercial or other use of the Platform for any purpose other than that mentioned above. In the event of use of the application through Apple App Store or Android App Store application stores, the User acknowledges that the availability of the Application depends on the third-party provider from whom they receive the application license (Apple App Store or Android App Store application store), but this agreement is between you and the Company only, not the app store. The User is solely responsible for performing the necessary 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 full legal capacity, or are between 14 and 17 years of age, provided that they operate with the consent, responsibility, and supervision of a parent/guardian or other responsible entity and that all provisions of the applicable legal system of their place of residence are met. guardian 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 must create an account on the Application. To complete their registration, we will ask them for certain personal information, such as a valid email address, first name, last name, and unique password. The User's unique password must not be disclosed to anyone and they agree to keep it secret at all times. The User is solely responsible for protecting their password. In case of loss of the password due to ignorance, lack, or 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 on our Application at any time. We reserve the right to restrict access to 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 these 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/Behavior

Both the For-Profit and Non-Profit Companies reserve the right to investigate and take legal action, at their sole discretion, against 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, defamatory, threatening, 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 their product needs and quantities. The organizations included in the application are required, based on a relevant contract signed with the company, to provide accurate data about their needs. The company bears no responsibility in the event of false information provided by organizations; sole responsibility lies with the organization in question.

In cases where there are suspicions/prohibited actions are identified, both Companies reserve the right (but are not obliged) to take any action they deem necessary at their discretion, including but not limited to:

  • Investigate any allegation and/or indication that content "uploaded" to the Application is exploitative, threatening, illegal, 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 at their discretion if there is reasonable suspicion or fraudulent behavior or suspicious activity is detected in that account or an order originating from a suspicious account or a User account for which there 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 a user's account that may lead to its deactivation/deletion or to a restriction of the services provided by the Non-Profit Company may be considered to be the use of inaccurate personal data, frequent transaction disputes, the notification of any of the Companies by law enforcement authorities to provide information regarding illegal electronic activity, or notification by a bank regarding unusual activity, stolen or lost means of payment. In the above cases, the Non-Profit Company shall notify the user by any appropriate means and at its discretion, to the extent possible and provided that such 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 a monetary donation to the Non-Profit Organization, indicating, through 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 a confirmation message for the donation-order from the organization they 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-Profit 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 of donation receipt, as this is not a direct donation to the user, but a monetary donation to the Non-Profit Organization and an instruction to 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 use, to 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 of the products, Givelink AMKE reserves the unconditional right to change/modify the products and/or quantities in a manner deemed appropriate by itself and/or the supplier, in order to enable the orders to be fulfilled and delivered to the organization. In any case, however, the 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 the organization's premises, but the Non- Profit Company has the ability to collect orders for product purchases from many separate user donations and place collective orders with the supplier, and therefore collective donations in kind to each organization, within a period of time that may vary. In any case, the time between the initial monetary 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 AMKE arrive at the organization's premises, the latter must send the user a confirmation message of receipt, as well as photographic confirmation material. The photographic material sent by the organization may include either all the products of the receipt collectively, or the products of each user's order/donation separately, or both. The final content of the material is at the discretion of the organization, but is limited to the options mentioned above.

It should be noted that the collection of products for orders is carried 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 with the organizations receiving their donations through the application. This option is activated as soon as a monetary donation is successfully received, where the user receives an automated message set by the organization. The automated messages, as well as any messages that follow from the organization, are defined exclusively by the 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 and receiving donations are displayed is based on a "live algorithm." The algorithm "reads" the overall completeness of the organizations, which is calculated based on the total number of products that have already been donated to the organization each time, divided by the total number of products that the organization requests to cover. In this way, and multiplying by 100, the "Completeness Percentage of each organization" is obtained, and thus the organizations are ranked in ascending order (the one with 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 controlled by their administrators/owners and in no case by the For-Profit Company or the Non-Profit Company. In this regard, it is specified that neither of the two companies is in a position to control the availability, content, personal data protection policy, in short, the quality and completeness of the services of other websites to which it may refer through links (links, hyperlinks). Therefore, for any problem or malfunction arising from these, the visitor/user of the website must contact the competent administrators – the owners of the above websites, who bear the relevant responsibility for them, excluding any liability on the part of the companies, even for slight negligence. Consequently, the Companies are in no way responsible for the content of the above websites, nor do they declare that they agree with, follow, or accept the policy that they may follow, nor do they identify in any way with the positions, opinions, and do not endorse or accept their content in general. We note that the application is expressly, clearly, and categorically distinct from the third-party service providers that may be featured or advertised on it, and therefore are not involved in any way and, accordingly, neither company bears any responsibility for any 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 donations 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 charging (Optional Contribution) to users, either as an additional percentage (from 0 to 15%) or as a freely adjustable amount. Both options, as well as the final value of the Optional Contribution, are at the sole discretion of the user/donor before completing their monetary donation. Any final amount attributed as an Optional Contribution increases the value of the monetary donation, but for this part alone, the Non-Profit 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 from users may be used by the Non-Profit Company as financial compensation to the For-Profit Company for the above concession of the platform for use, on a monthly basis, as provided for in the aforementioned private agreement between them.

The monetary amount of the donation, increased by the Optional Contribution, is immediately credited to the user's bank account through the Application by Givelink AMKE, and the transaction is settled within the day the donation is made. Givelink AMKE is not responsible for any errors or delays in debiting for actions oromissions of third parties, and in particular for any delays or technical problems of any 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 financial transactions directly with the users of the platform. Its revenue from this application comes from:

  1. The financial consideration it receives from the Non-Profit Company for the provision of the platform, which was created and is maintained by the Profit-Making Company.
  2. The financial compensation derived from agreements with suppliers to whom it provides marketing services, making their products available 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 the order by the user and the final shipment of the products by the cooperating suppliers, the monetary amount of the order, increased by the percentage mentioned below, is immediately reserved in its bank account. The prices of the products displayed in the Application are in euros (€) and include VAT, in accordance with the provisions of the applicable legislation. Before checkout for each donation, a breakdown of the individual prices of the user's desired goods for further ordering and donation in kind by Givelink AMKE is displayed, as well as their quantities and the total amount to be paid, which is collectively referred to as the Donation Basket. The prices listed on the platform 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 checks by entering into private contracts with the organizations participating in the application before they are included. In any case, however, full responsibility and jurisdiction for checks on the legality and transparency of the organizations' operations lies solely with the competent authorities. It should be noted that in the event of illegal or unethical acts on the part of organizations, the Non-Profit Company bears no responsibility whatsoever, beyond reviewing or suspending the 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 is solely responsible for fraud or gross negligence and to the extent that its liability can be substantiated under applicable law. By using the Application, Users acknowledge and agree that the content of the platform is provided "as is" and "as available" and that their use of or reliance on it and any content, goods, products, or services they access or obtain through it is solely at their own risk and discretion. The Speculative Company makes reasonable efforts to ensure that the Application and the services we offer are available at all times, but we do not guarantee or represent that our Application will be provided to Users in a secure, timely, uninterrupted, error-free, and free of technical difficulties, defects, or viruses. Users should expect temporary interruptions in the operation of the Application due to scheduled or regular system maintenance, interruptions due to internet or electronic communications, or events of force majeure. Therefore, the Speculative Company is not responsible for any delays, delivery failures, or damages, losses, or injuries resulting 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 as their employees, or other representatives or agents, shall not be liable under any circumstances for any consequential, incidental, indirect, special damages or expenses or monetary penalties, including, but not limited to, lost profits, business interruption, loss of information or data, or loss of customers, loss or damage to property, and any third-party claims arising out of or in connection with the use, copying, or displaying this website or its contents or any other linked website, regardless of whether the Companies were informed, knew, or should have known of this possibility.

The Speculative Company, their employees, or other representatives or agents, shall have no responsibility for the quality, maintenance, storage, and control of the food and products displayed on its Application, which are sold and delivered by its partner suppliers. Furthermore, no liability to the Non-Profit Company, its employees, or other representatives or agents exists in the event that content from organizations that is contrary to good morals or laws, etc., appears on the application.

Finally, the partner suppliers-companies that collaborate with the two Companies (Givelink IKE and Givelink AMKE) are responsible for 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 a refund of the amount they paid within 7 days of registering the monetary donation. The right of withdrawal ceases to apply once Givelink AMKE has sent the order electronically to the supplier to which the user's donation belongs. It should also be noted that any exercise of the right of withdrawal by the User is exclusively against Givelink AMKE, excluding

Users may exercise their right of withdrawal by any means provided by law, and in any case, this right shall be deemed to have been legally 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 delete data and information they have provided to the Application. If the User chooses to delete a piece of information/data, Givelink AMKE will act to delete that information/data from its files immediately. In order for Users to access, change or delete their personal data, to report problems regarding the operation of the website or to address any questions, they can contact the Non-Profit Organization by email at contact@givelink.app. Please note that we will do everything possible to protect your personal data, but the protection of your password to our 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 the platform for use by the Non- Profit Company is committed to ensuring the security and integrity of the data collected through the application regarding Users. The For-Profit Company has adopted procedures that protect the personal data that Users disclose to its Application or provide by any other means. These procedures protect Users' data to the maximum extent possible from any unauthorized access or disclosure, loss 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 the Non-Profit Company, they can contact the Customer Service Department by email at contact@givelink.app or via chat-direct messaging with Givelink accounts on various social media platforms (Facebook messenger, Instagram). Any personal data of Users that comes to our attention for 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 in these Terms, as they appear in the Application or promotional material, are the intellectual property of the For-Profit Company and/or Non-Profit Company and/or third parties who have authorized it with the right to use these proprietary rights (collectively, the "Intellectual Property").. Users may not use, copy, reproduce, republish, upload/ download, publish, transmit, distribute, or modify in any way the intellectual property of the For-Profit and/or Non-Profit Company without the prior express written consent of the latter. The use of our intellectual property rights, including, but not limited to, trademarks and copyrights in the Givelink logo on any other website without relevant approval is strictly prohibited. In the event of a breach of these terms, both Companies shall be entitled to exercise their rights to protect their intellectual property in accordance with the provisions of applicable law. Both the For-Profit and Non-Profit Companies, to the extent that each is responsible, neither guarantee nor represent that the use of the materials appearing on the Platform will not infringe or constitute an abuse of any third party rights. Any use 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 improving its Application, as well as related products and services, and updates these terms of use accordingly. We recommend that Users read the Terms of Use at regular intervals in order to be informed of any changes to 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 law. Any dispute arising from this agreement that cannot be resolved out of court shall be settled by the competent courts of Athens. All rights and 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 any court having competent jurisdiction, the invalidity of such provision 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 or (telephone number).