Under the provisions of article 10 of the Law 34/2002 of July 11, regarding the Services of the Information Society and Electronic Commerce (hereinafter “LSSI”), please be informed that the website with URL address: www.helpchildrenbcn.org (hereinafter “the website” or “the Portal”) is operated by the Association H.C.B. Help Children Barcelona (hereinafter “H.C.B” or “Association”) with tax number (CIF) G65878084 and number 49426 of the Registry of Catalunya´s Associations, domiciled at Carrer de Goya,20 08012 Barcelona and e-mail address firstname.lastname@example.org.
The Portal is aimed at providing intermediation services for fund-raising against child poverty (hereinafter “the Mission”). The collection is carried out by H.C.B. and is subject to the user’s prior reading and acceptance of these General Conditions. The user declares to be of legal age and to have the necessary legal capacity to be bound by these General Conditions and to engage the services offered by the Portal. The use of the services shall imply the user’s full and express acceptance of all the General Conditions in the version published at the time of engaging the services with H.C.B. THE PARTIES.
On the one hand, the party receiving the donation is H.C.B.; on the other hand, the user, who can make either an anonymous or a nominal donation; in this latter case, the user shall be responsible for the accuracy of the personal data submitted to H.C.B.
OBJECT OF CONTRACT.
The purpose of this contract is to regulate the contractual relationship for donation, irrevocable and simple, established between H.C.B. and the user once the latter has accepted the corresponding checkbox during the online contracting process.
The user can choose between the following donation modalities:
Making contributions or registering as a member of H.C.B. to provide general financial support to the Association and to its efforts to carry out the Mission.
Making contributions for specific activities within the framework of a specific project chosen by the user among those offered on the Portal (hereinafter “the Project”).
In this second case:
H.C.B. undertakes to allocate most of the user’s donation to the Project (90% minimum), reserving the right to use the remaining part for the financial support of the Association.
If, by reasons of any nature, it is not possible to allocate the user’s contribution to the Project, the Association reserves the right to reallocate it for other line of action or program, always within the general objectives of H.C.B. and its Mission. If this should be the case, H.B.C. will inform the user about the allocation change.
In any case, H.C.B. undertakes to do all it can to ensure that the contribution is allocated to the Project chosen by the user, with the exception stated in the previous paragraph, as well as to obtain, insofar as possible, specific evidence in this respect. However, the Association shall accept no liability if the receiver of the contribution makes a different use of it.
A. Users making a donation:
Shall be able to select the desired option on the website, that is:
Making a contribution to the Association.
Registering as a member of the Association (minimum amount: 10 euros).
Financing a Project.
2. Shall indicate whether they wish to identify themselves or remain anonymous. 3. Shall pay the amount of the donation that they deem appropriate (minimum amount: 1 euro). Through all the different screens showing the contracting process, the user making the donation shall be informed about all contracting details. Before the transaction is finished, a final screen showing the details of the operation will be displayed. In all cases, once the contracting procedure has finished, the user shall be able to download the contract from the contracting platform of the Portal and to print the confirmation of the transaction. B. The payments for the donations service of the website can be made by bank transfer or by using a virtual POS terminal online payment system (in process). The details of the solidarity account are:
ACCOUNT No.: 2013 0066 21 0201338464 IBAN: ES79 2013 0066 2102 01338464 BIC/SWIFT: CESCESBBXXX ACCOUNT HOLDER: ASSOCIACIÓ H.C.B. HELP CHILDREN BARCELONA
In case users choose to pay through a virtual POS system, they shall connect to a secure payment system environment provided by Catalunya Caixa. Once in that screen, they will be asked for the details of their credit or debit card: card number and expiry date. The site of the virtual POS terminal provides the security protocol SSL (Secure Sockets Layer) in order to ensure the integrity and confidenciality of the information submitted. GENERAL LIMITATION OF LIABILITY.
H.C.B. shall assume no liability in case of unavailability or defective operation of the website for reasons beyond its control, such as force majeure or problems with the Internet networks. H.C.B. shall assume no liability for any direct or indirect damages that could arise from the disruption of the online service or from its continuity. CONDITIONS OF USE OF WEBSITE.
All the images, documents, drawings, graphic elements and sound and image files, as well as any trademarks and logos, are property of the proprietor. They are all duly protected by national and international regulations on intellectual property. The access to the website by users does not grant them any right of ownership over its contents. Any commercial use of the contents of the website is strictly prohibited, including the reproduction, copy, sale, distribution, publication, exhibition, public communication, transformation or modification of any of the contents. As an exception, the personal and non-commercial use of the contents of the website is authorized for awareness raising or information purposes. The modification of the website or of any of its contents is not permitted.
1.- The proprietors of other websites that wish to create a link to www.helpchildrenbcn.org shall agree not to make false, inaccurate or incorrect statements that could be misleading or which, in general, are contrary to law. 2.- Likewise, the proprietors of other websites that wish to create a link to www.helpchildrenbcn.org shall agree not to establish any link to websites featuring contents of racist, xenophobic, pornographic or terrorist-supporting nature, and in general, to websites that can damage the reputation or image of H.C.B. HELP CHILDREN BARCELONA. 3.- The creation of a link to the website www.helpchildrenbcn.com shall be aimed at knowing products of merchandising brand HCB Help Children Barcelona ®.
APPLICABLE LAW AND COURT JURISDICTION.
Unless otherwise specified, these General Conditions shall be ruled by and interpreted according to Spanish law. The parties shall try to solve, through negotiations in good faith, any discrepancies and/or controversies that could arise in relation to this contract. If no amicable agreement is possible, the parties expressly and voluntarily submit to the courts of Barcelona to solve any dispute that could arise in connection with the interpretation and application of this contract, with an express waiver of any other jurisdiction.
NULLITY AND INEFFICACY OF THE CLAUSES.
If any provision of these Terms is declared fully or partially invalid or inefficient, such invalidity or inefficiency will affect only that provision or part thereof that is invalid or inefficient subsisting, in everything else, the rest of Terms general, while the provision in question is deemed not to post.