Terms of Use

Updated: May 20th, 2022

1. General

The ChariTable Vienna website www.charitablevienna.com (the "ChariTable Vienna" or “This Website”) belongs to a fund-raising program operated by ChariTable - Gemeinsam Gutes Tun,  fund-raising association incorporated under Austrian law with its registered office in Vienna and its business address at Schottenfeldgasse 48B, 1070 Vienna, Austria, registered in the Register of associations under ZVR-number 182475134 (the “Operator”). 

 

This website serves the purpose of raising awareness and donations for the financing and implementation of projects (exclusively non-profit, charitable-related) of various organizations (the "project sponsors") in Austria and abroad. 

2. Scope

These terms of use apply to all-natural and legal persons who are properly browsing, registering on the platform, and wish to contribute with donations to the financing and implementation of projects of the project sponsors (all of the aforementioned the “donors”). Donors include, in particular, those natural and legal persons who start a call for donations or who make donations as part of a call for donations. 

If donors are consumers within the meaning of the Austrian Consumer Protection Act, these Terms of Use apply insofar as they do not contradict mandatory provisions of the Consumer Protection Act. If donors are not consumers within the meaning of the Consumer Protection Act, deviating terms of use of the donors are only valid if the operator has agreed to them in writing or in a company-specific manner.

The present terms of use regulate the provision of the services by the operator as well as the rights and obligations of the donors in connection with the use of the platform. 

The donors submit to these terms of use with effective online registration on the platform. In addition, the donors agree to these terms of use and are bound by them by clicking on the checkbox "I accept the terms of use (link to the terms of use)" during online registration.

The operator reserves the right to change these terms of use at any time with effect also within the existing contractual relationships. 

3. Registration on the platform

Online registration as a donor or use of the platform via guest access is open to natural and legal persons alike. However, only natural persons with full legal capacity and those who act with the consent of their legal representatives are entitled to use them. In any case, registration or use by means of guest access is only open to natural persons who have reached a minimum age of 14 years. 

The online registration is carried out by a natural person himself or, in the case of legal persons, by a natural person as the authorized representative of the respective legal person. By registering online or using the platform via guest access, the donors agree that the data requested by the operator about the donors will be truthful, accurate, up-to-date, and complete. If there are changes to the data provided after registration, donors must inform ChariTable Vienna via e-mail info@charitablevienna.comimmediately. After registration, the information provided by the donors is checked by the operator for completeness and plausibility. The operator reserves the right to carry out ongoing checks of the donors' data. 

 

4. Disclaimer

The operator is only liable for the content on the platform that is created and published itself. 

The respective project sponsor or the operator of the linked website is always responsible for the content published by project sponsors on the platform and the content of the linked websites, who must ensure that this content does not violate legal regulations, good morals, and/or the rights of third parties ( in particular trademark, copyright, naming rights or other personal rights etc.). The contents of the project sponsors or linked websites published on the platform are checked by the operator for possible obvious legal violations at the time of publication on the platform; however, the operator is not obliged to carry out permanent checks in this regard. Upon notification of legal violations, such content or

The right to use the services available on the platform only exists within the framework of the technical and operational possibilities of the operator. The operator endeavors to ensure that the platform can be used as uninterrupted as possible. However, temporary restrictions or interruptions may occur as a result of technical faults (such as interruptions in the power supply, hardware and software errors, technical problems in the data lines, etc.). Donors cannot derive any claims against the operator from this.

The operator is also entitled to change services provided on the platform, to make new services available and to discontinue the provision of services at any time. The operator will take into account the legitimate interests of the donors. Donors cannot derive any claims against the operator from this.

5. Right to use the content on the platform

The content contained on the platform is fundamentally protected by copyright or other intellectual property rights and is owned by the operator, the other project sponsors or other third parties. The exploitation of legally protected content, in particular duplication (e.g. for the purpose of advertising the platform or a specific project, etc.), saving, distribution, publication, sale or processing of the content published on the platform, is only permissible insofar as the original content remains unchanged.

6. Project Execution

The registration of a project by a project sponsor takes place on the platform and requires complete information about the planned project. This includes detailed information on the purpose of the donation, project planning, project location and use of donations. It is up to the respective project sponsor to specify a funding goal and the time frame for the respective fundraising campaign.

Any changes or new developments in project management that occur after the project has been registered will be immediately updated by the respective project sponsor on the platform. 

In the event of project termination, for whatever reason, the donations raised so far remain with the project sponsor, which has to use them for the pursuit of its statutory purposes.

The project sponsors are responsible for the proper use of the respective donation, without the operator is liable for this.

7. Donation Process

Donations are transferred to an account set up by Impactory in the name of the respective project sponsor with a payment service provider using various online payment methods. Impactory r may withhold a 5%  fee from the incoming donation to provide operational services.

The donors undertake to make the amounts of money they have indicated for the selected project available free of charges and deductions. Refunds of donations are excluded.

In the case of donations to tax-privileged organizations, donors as natural persons have the option of entering their name and date of birth by registering and selecting the "Deduct donation" option. If this option is selected, the date of birth together with the name of the respective donor and the amount of the donation will be sent to the respective non-profit organization, which will forward it to the responsible authority. For all donors (both natural and legal persons), a confirmation of each donation can be generated directly on the platform.

8. Passing on donation dedications (“donation vouchers”)

In addition to direct donations for a project, there is also the option of purchasing so-called donation vouchers. When purchasing a donation voucher, an advance donation is made and thus a time-limited option for a later dedication of the donation is acquired: the amount donated in advance can later be dedicated to a specific project on the platform. By redeeming, the operator transfers the dedicated amount equal to the value of the donation voucher minus fees to the specific project sponsor with the recommendation to use the donation for the selected project (whereby the actual use by the project sponsor is not further checked and therefore not guaranteed can be).

The amounts of money received when purchasing the donation voucher are kept as donations already made by the operator in a separate account with a payment service provider, which does not represent part of the operator's assets and can therefore be segregated in the event of insolvency proceedings against the operator's assets within the meaning of the insolvency code. 

In order to ensure the charitable use, the choice for the earmarking of the donation can be exercised by the donors or, in the case of free transfer, by the respective redeemer until the date of the respective event. . After this time limit has expired, the possibility of freely earmarking the donation voucher expires. Instead, the value of the donation voucher can be donated and donated to a specific project of a promoter at the discretion of the operator (although this is only done to registered non-profit organizations and thus neither donors nor redeemers are disadvantaged). To clarify, it is stated

The purchase of a donation voucher is associated with a waiver of revocation. Donors may only pass on donation vouchers free of charge. The repayment of the value of the donation voucher to the buyer or redeemer of donation vouchers is excluded. The operator is not liable for incorrectly redeemed donation vouchers by unauthorized persons. The buyers of donation vouchers are responsible for their careful safekeeping.

The respective donor of the donation voucher is solely responsible for all tax or other legal consequences arising in connection with the allocation of donation vouchers. The respective donors shall indemnify and hold harmless the operator in full for any infringements of rights of any kind incurred in this context.”

9. Privacy

When using personal data, the operator observes all applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Further information on the use of personal data by the operator can be found in the data protection declaration available on the platform.

10. Governing Law and Jurisdiction

Austrian law applies exclusively, excluding the UN sales law and national and international conflict of laws rules. 

The exclusive place of jurisdiction for all disputes arising from or in connection with the services offered by the operator on the platform is the competent court in Vienna. For consumers who have no place of residence or habitual residence or place of employment in Austria at the time the contract is concluded, but who have their place of residence in an EU member state, the following applies in accordance with Art. 16 Brussels I Regulation (EuGVVO): The applicable place of jurisdiction is either the domicile of the consumer or the competent court.

11. Terms of Use for Organizations 

If you are a non-profit, or charitable organization that would like to solicit financial support via ChariTable and Impactory.org, please refer to the detailed terms of conditions by Impactory.org.

 

12. Miscellaneous

Unless expressly stated otherwise in these Terms of Use, all declarations made as part of the use of the platform must be made in writing or by email. The e-mail address and the postal address of the operator can be found on the operator's website www.impactory.org

Should a provision of these terms of use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. In place of the ineffective provision, an effective provision shall be deemed to have been agreed upon which comes as close as possible to the economic intent of the parties.