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TERMS AND CONDITIONS FOR USING DONATE WITH PAGO
last updated on 19.03.2021

These terms (the "Terms") are meant to explain to you as clear and transparent as possible the way you may use the Donate with Pago feature. As such, the document is subject to continuous modifications – we recommend you see this document with regularity, to be informed with regard to its latest updated version.

These Terms are completed with the general terms and conditions for use of the Pago App (as defined in the General Terms), available for consultation here ("General Terms").

1. Definitions

In this document, the words in capitals will have the following meanings:

a)
The "Company", “We” or “our” means Timesafe SRL, a Romanian legal entity, with headquarters in Voluntary, registered with the Trade Registry under no. J23/1658/2016, UIC 35968582;
b)
"User" means any natural person, over 18 years old who uses the Donate with Pago feature, accepting these terms. For the avoidance of any doubt, Donate with Pago is not meant for the natural persons who do not meet the conditions described in this definition and, explicitly, is not meant to the use by the minors (in the sense of the legislation applicable to a certain user);
c)
"Donate with Pago" is the Company's campaign through which Users have the possibility to make donations to certain Non-Governmental Organizations (as defined below);
d)
"Non-Governmental Organization" is a non-profit non-governmental organization such as an association, foundation or federation selected to participate in the Donate with Pago campaign in accordance with the Regulation available here or that uses the Donated with Pago feature within its website.
2. Making the donation

2.1. The Company does not process, by any means, the bank card of any User besides for facilitating the access to such information by the payment processor.

2.2. We use third products for processing the payments ("Payment processors"). Processing the payments may be subject to the confidentiality terms, conditions and policies of the Payment processors, in addition to these Terms.

2.3. We are not liable for any error which may occur in relation with the processing of such payment. You agree to make the payment by using that payment method selected when you instruct the making of such payment.

21. Donate with Pago functionality

21.1 The Company offers Users the possibility to use the Donate with Pago feature and to donate to a Non-Governmental Organization.

21.2 The donation can only consist of a sum of money and is at least 5 RON. In the case of donations higher than RON 2500, the processing of the trasaction shall be made manually and the donation will be sent to the Non-Governmental Organization only upon its acceptance. If the Non-Governmental Organization does not accept the donation, the Company will refund the amount of money to the User or user of the Site that made the donation.In order to make such a donation, the user will be asked for the details of his bank card which will be transmitted to the Payment Processor, the provisions of the Articles 2.1., 2.2 and 2.3 applying accordingly.

21.3 Once a donation has been made by a user, she/he will receive the donation confirmation by e-mail.

21.4 When making a donation, the money paid by the User will be transferred to the Company's bank accounts which will then transfer them to the Non-Governmental Organization account to which the amount of money was donated. To avoid any doubt, Non-Governmental Organizations empower the Company to receive donations on their behalf. As such, in this case, the Company acts only as a representantive (power of attorney) of Non-Governmental Organizations, and as such, in this position, the Company receives the money from Users. For clarity, the Company is not and does not act as a payment processor, as a bank or any other type of financial institution.

21.5 The User understand and agree that in providing such feature, the Company is only an intermediary and is not a party to the donation agreement between the User and the Non-Governmental Organizations to whom they donate money.

21.6 For clarity, the Company is third party to this legal relationship (donation agreement) and we are not responsible at any time for any claim, damages, payment, deficiency, fine, judgment, debt, loss, cost or expense resulting from or related to the legal relationship between the User and the Non-Governmental Organization.

21.7 The Company does not guarantee or make any statements about Non-Governmental Organizations and their activities. The Company cannot be held accountable for the way Non-Governmental Organizations use the donations received from Users. Any dispute over the use of donations by Nongovernmental Organizations or any other matter related to donations is settled directly and strictly between donors (Users) and donees (Non-Governmental Organizations).

3. Changes of the Terms

The terms may be modified at any time by the Company.

4. The Limitation of liability

4.1. The Company makes constant efforts for keeping the Donate with Pago feature in function. Nevertheless, due to technical reasons or to some technical updates, it is possible that the Donate with Pago feature does not function in certain moments. In these situations, the Company will communicate these aspects to the Users, when the Users access the Donate with Pago feature.

4.2. Nevertheless, the Company does not assume the liability in any situation for any damage caused directly or indirectly or for any direct or indirect loss of profit, suffered following the use or interruption of using the services offered by the Donate with Pago feature.

5. The applicable law

The Terms as well as any contractual obligation deriving from or in relation with them will be construed according to the Romanian laws. The Romanian courts have the exclusive jurisdiction for settling any litigation related to the use of the Donate with Pago feature and of these Terms.

6. The intellectual property

The Company is the titular of all the rights over the content of the Donate with Pago feature (including, but not limited to images, texts, trademarks, logo, web graphic elements, scripts, applications and databases). It is forbidden the use of any elements of content regarding the Donate with Pago feature, without the prior written consent of the Company.