Terms and Conditions
Introduction
1. These Terms of Service are applicable if you make donations through in Euro (EUR).
2. Please read these Terms of Service carefully, they contain important information about your rights and obligations.
3. Your privacy is paramount to us, thus, these Terms of Service are applied along with our Privacy Policy which describe what personal data we use and we protect it.
4.These terms and conditions together with the Privacy Policy, and any payment method instructions, are the whole agreement between you and Fenix Charity.
General provisions
5. Please read these Terms of Service and our Privacy Policy carefully before using the website (Fenix Charity) which is operated by labdaros ir paramos fondas Fenix Charity, registration code: 306556124, business address: Žalgirio g. 92-216, LT-09303 Vilnius (‘Fenix Charity’).
6. By accessing or using www.fenix.eu (‘our website’), you agree to be legally bound by these Terms and Conditions and our Privacy Policy as they may be modified and posted on our website from time to time.
7. If you do not wish to be bound by these Terms of Service then you may not use our website.
8. Fenix Charity follows the laws on charity and donation of the Republic of Lithuania. If any funds donated through Fenix Charity are raised not via the website, we shall ensure that they follow the legislation of Lithuania.
9. Fenix Charity makes no representations and gives no warranties, express or implied that making the Services available in any particular jurisdiction outside the Republic of Lithuania or European Economic Area is permitted under any applicable laws or regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you.
Nature of our website
10. Our website provides opportunities to make charitable donations online to support charitable projects in Lithuania and around the world (‘Services’). The website provides information about Fenix Charity, and the projects and organisations which are featured on this site.
11. Please note that our website is available only to legal entities and individuals that can form legally binding contracts under applicable law. Although the general information on our website is suitable for users of any age, you must be over 18 years to use the Services and the payment methods displayed on our website.
12. Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
13. We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
14. The contents of our website are protected by copyright laws and other intellectual property rights. The owner of these rights is Fenix Charity. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us.
15. Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. You may download material from our website for the sole purpose of using our Services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, for any other purpose except where expressly permitted to do so.
Changes to our website
16. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, shall be subject to these Terms and Conditions.
17. Any updates to these Terms and Conditions replace all other terms and conditions previously applicable to the use of our website.
Linked sites
18. Fenix Charity makes no representations whatsoever about any other websites which you may access through our website or which may link to our website.
19. When you access any other website you understand that it is independent from Fenix Charity and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
20. Any concerns regarding any external link should be directed to its website administrator or webmaster.
Using the Services on our website
21. To use our Services you will need to follow the steps, procedures set out on the Website.
22. Details of the procedures for payment and how we will process your donations shall be displayed on our website when you will be prompted to choose funding a project.
23. You may make your donation by using a payment method made available on the website and processed by our payment service provider(s) or in any other ways described on the website.
24. Any times or dates stated in relation to our Services are estimates only. We will make all reasonable efforts to provide Services within the time specified, but we do not accept liability for any failure to deliver within that time.
25. We are entitled to refuse to process any donation placed by you. If your donation is accepted, we will confirm acceptance to you by emailing the email address you give us when you register on our website. The donation will then be processed by the date set out in the confirmation email.
26. You undertake that all details you provide to us for the purpose of using the Services offered on our website will be correct (including card and cardholder data) and that there are sufficient funds or credit facilities to cover any donation you make.
27. We try to ensure that the information on our website about projects, their funding goals and the amounts which they have received to date is accurate, but sometimes there may be a delay in updating this information, or funding goals for a project may change. On rare occasions, a project may become ineligible for funding from Fenix Charity after we have received a donation from you but before we have transmitted the funds to your chosen project and we will not be able to process the donation in accordance with your original choice on using our website. If this happens we may contact you to ask your preference for which project to reallocate your funds to. If we are unable to obtain instructions from you about how to process your donation within a reasonable period of time, we reserve the right to distribute your donation to other projects in our absolute discretion.
Tax Benefits and Refunds
28. For any tax benefits you may or may not receive from making a donation to Fenix Charity, please refer to applicable legislation. We do not provide accounting, tax or financial advice and you should not rely on any information given on our website to determine the accounting, tax or financial consequences of making a donation using our Services.
29. If you make a donation, your donations are made to Fenix Charity in their entirety for us to distribute to your chosen projects. Once you receive confirmation of your donation being received, it is not possible for donations to be refunded.
Information you provide to us
30. Our Privacy Policy explains how we may use any personal information you provide to us when using our website. By accepting these Terms of Service, you also accept and agree to our Privacy Policy.
31. In addition, the following terms also apply to all messages, emails, bulletin boards postings, ideas, photographs, suggestions, concepts or other material submitted by you to us (‘Content’):
- you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, Regulations, standards and/or codes of practice;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- you must ensure that the Content does not advertise or otherwise solicit for funds and is not a solicitation for goods or services (other than encouraging other users of the website to make donations using Fenix Charity’s Services); and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming or uploading emails, comments and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
32. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you upload on our website or submit to us for publication. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
Security
33. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention, at info@fenix.eu.
34. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
35. This website is as secure as we can reasonably make it using encryption technology and adopting security and anti-virus practices routinely used and adopted as a matter of good practice. However, you should understand that every internet site, and any computer that connects to the internet, as well as all internet communication, is susceptible to attack by computer hackers and viruses. We will do all we reasonably can to protect this site and all internet communications passing between us and you, but we cannot be held responsible for:
- any losses fairly attributable to your failure to take reasonably precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or
- losses arising from fraudulent or unauthorised use of your credit or debit card or other forms of payment. If you become aware of fraudulent use or your card, or if it is lost or stolen, you should notify your card issuer.
Liability
36. We promise that our Services will be provided with reasonable skill and care.
37. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our website or any information provided through our website.
38. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
39. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. This means that we will not pay damages for any losses that are not directly associated with an incident that causes you to claim against us. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, then we do not accept any liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Fenix Charity or our servants, agents or any other person or entity.
40. If we are liable to you for any reason, our liability will be limited to the amount of any donation you have made using the Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
41. If you breach these Terms and Conditions then your permission to use this website terminates immediately. We retain the right to deny access to our website any person when we reasonably believe they have failed to comply with these terms and conditions. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
Notices
42. All notices shall be given:
- to us, by email at info@fenix.eu; or
- to you, to either the email or postal address you provide during any ordering process.
43. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
Complaints and reporting faults or misuse
44. If you have any complaints or wish to report any technical problems with our website or misuse by other users, please contact us by email at info@fenix.eu.
Final provisions
45. We may assign any rights and/or transfer, subcontract or delegate any obligations under these Terms and Conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations.
46. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
47. These terms may be superseded by expressly designated legal notices or terms located on other particular pages of our website. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Fenix Charity or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
48. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
49. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.