Terms of use VAKOVAKO

1. Introduction

  1. This document constitutes the full text of the terms and conditions of use of the VAKOVAKO Platform (Terms) on the web interface available on the website https://www.vakovako.com/ or in the VAKOVAKO mobile application (Platform). The Platform is operated by Nadační fond 2091, ID No.: 11893184, with the registered office at Plynární 1617/10, Holešovice, 170 00 Prague 7, registered in the Commercial Register maintained by the Municipal Court in Prague, Section N, Insert 2019 (Provider). These Terms apply to each user of the Platform (User). Some features (such as the donation option) may only be available in the Platform's mobile application.
  2. The Provider organizes charity collections to provide funds for a predetermined publicly beneficial purpose. Charity collections are duly registered with the Ministry of the Interior of the Czech Republic in accordance with the relevant provisions of Act No. 117/2001 Coll., on Public Collections, as amended (Act on Public Collections).

2. Operation of the Platform

  1. Within the Platform, the Provider presents individual charitable collections (Collections) to which the User can contribute a monetary donation (Donation). The Provider may limit the minimum and maximum amount of individual Donation for a Collection, or set an overall maximum size of a Collection.
  2. Individual Collections within the meaning of these Terms may not correspond to the category/term "collection" as defined in the Act on Public Collections.
  3. The Provider transfers the proceeds from each Collection to specific entities that fulfill the purpose of the Collection (Target Partner).
  4. There are two types of Collections:
  • General Collections; and
  • Specific Collections.

5. For General Collections, only the purpose of the Collection is stated (e.g., ocean conservation), not the specific Target Partner. The selection and choice of the Target Partner is entirely at the discretion of the Provider. However, the Provider shall always act in accordance with the purpose of the General Collection.

6. For Specific Collections, the Provider explicitly indicates the Target Partner to whom the proceeds of the Specific Collection will be directed within the Platform.

7. The Provider will transfer the proceeds of the Specific Collection to the relevant Target Partner after the termination of the Specific Collection (due to the expiration of time or reaching the maximum amount, always as specified within the Platform). If this is not possible (e.g., the cooperation with the Target Partner is terminated), the Provider will use the proceeds of the Specific Collection within the thematically superior General Collection or, at its sole discretion, select a Target Partner to whom it will transfer the proceeds of the Specific Collection.

8. The Provider publishes information about the Collections and their results online at https://vakovako.com/bank-accounts-and-reports.

3. User account

  1. The User may use the Platform free of charge and without registration. However, in order to make a Donation, the User must first register. The User registers on the Platform by creating a user account (Account). To create the Account, the User will be asked to fill in a username, email address and password. Each User will then be assigned a unique identification number.
  2. Access to the Account is secured by a username or email address and password. The User is obliged to maintain the confidentiality of the information necessary to access their Account and is not allowed to enable third parties to use the Account. The User acknowledges that the Provider shall not be liable for any breach of these obligations by the User.
  3. The Provider may prevent the User from using their Account or cancel their Account, especially if the User violates their obligations towards the Provider.

4. Donation

  1. By pressing the "Donate" button, a donation agreement is concluded between the User and the Provider within the meaning of the provisions § 2055 et seq. of Act No. 89/2012 Coll., Civil Code, as amended.
  2. Donation may be provided via the ČSOB payment gateway, Stripe, Apple Pay or Google Pay or any other method that is currently enabled within the Platform's interface (Payment Methods). The User is obliged to abide by the terms of use of the provider of the chosen Payment Method.
  3. The Provider is not responsible for the proper functioning of the Payment Methods. The User uses the Payment Methods at their own risk.
  4. The data on the payments carried out by the User, which are available in the Account, are only indicative. This is mainly due to the possibility of rejection of the payment by the Payment Method provider or the User's bank or other participating bank or institution.
  5. The opportunity to contribute to a particular Collection may be limited both by the amount of the Donation (or the maximum total amount collected) and by time. Such limitation is always indicated within the Platform for the Collection in question.
  6. Donations are collected into transparent bank accounts listed on the Platform's website https://vakovako.com/bank-accounts-and-reports.
  7. Under no circumstances shall the User be entitled to the return of their Donation, but the Provider shall be entitled to return the Donation at its discretion. The User waives to the maximum possible extent their right to return the Donation and the right to withdraw from the donation agreement concluded with the Provider.

5. User's declarations and obligations

  1. By using the Platform, the User represents and warrants that:
  • he/she has reached the age of 18 and is fully legally competent;
  • he/she will not use the Platform in violation of the law;
  • all information provided by him/her is true, complete and correct; and
  • he/she has read the current version of these Terms and agrees to them.

6. Confirmation of Donation

  1. The User may request a confirmation of the Donation(s) in the section "Tax deductibility of donations" (Confirmation). In this section, the User selects the relevant period for which the Confirmation will be issued. For the purposes of the Confirmation, the User undertakes to fill in the respective form truthfully.

7. Intellectual property

  1. The User shall not modify, distribute or duplicate the content of the Platform or exercise any proprietary rights to the content of the Platform without the Provider's consent.
  2. In particular, the User is not entitled to:
  • dispose of the content published on the Platform in any way, in particular to sell, license, rent or use it for any purpose other than its intended use;
  • attempt to circumvent the Platform's user interface and use it in a manner different from that implied by the user interface;
  • create derivative works from the Platform or content published on the Platform; and
  • modify or attempt to obtain the Platform's source code or algorithms.

8. Links to third party websites

  1. The Provider may provide links to third party websites (e.g., Target Partners) for individual Collections. The Provider is not responsible for the functionality or content of these websites. If the User accesses third-party websites, he/she does so at their own risk.

9. Responsibility for Target Partners

  1. The Provider is not responsible for any actions of the Target Partners (especially in relation to the use of the proceeds of the Collection). The Provider shall not be liable for any breach of law by the Target Partner, their bankruptcy or inability to fulfill their obligations.

10. Personal data

  1. The Provider may collect some personal data when operating the Platform. Details of how the Provider handles this data are contained in the Privacy Policy available online at https://vakovako.com/privacy-policy

11. Communication

  1. In case of any problems with the Platform, the User may contact the Provider by email at app@vakovako.com.

12. Cooperation with commercial partners

  1. The Provider is entitled to cooperate with third parties who participate as a donor in a Collection and at the same time make a contribution to the operation of the Platform. The Provider will use these contributions to cover the costs associated with the operation of the Platform. Such cooperation is based on a separate contract and is not governed by these Terms.
  2. The Provider may allow these third parties to present themselves on the Platform (e.g., by placing advertisements on the Platform).

13. Final provisions

  1. The Provider is not responsible for any technical problems with the Platform or its outages.
  2. These Terms may be amended by the Provider at any time. The User will be informed of such change, in particular via the Platform. The current Terms are also available online at https://vakovako.com/terms-of-use.
  3. All legal relationships arising under or in connection with these Terms and any other use of the Platform shall be governed by the laws of the Czech Republic, regardless of where the Platform is accessed from. The Provider does not guarantee the compliance of these Terms with the laws of other countries. The competent courts of the Provider shall have exclusive jurisdiction to resolve any disputes.
  4. If any provision of Terms is or becomes invalid or ineffective, such invalid provision will be replaced by a provision whose meaning is as close as possible to the economic purpose of the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision only in relation to a particular entity or group of entities shall not affect the validity and effectiveness of those provisions in relation to other entities.

These Terms shall take effect 1st July 2023.

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