Terms of Use

 

These Terms of Use (hereinafter: Terms) specify the general terms of use of the website www.donably.com (hereinafter: the Website) operated by Donably UK Ltd as service provider.

Please only use our services if you agree with all of the provisions of these Terms and accept them as binding. 

This document will not be registered, it will only be accepted in electronic form and it is not considered a written contract. The language of the contract is English. 

The Service Provider shall have the right to unilaterally amend these Terms by publishing changes on the Website. The amendments shall come into force upon the publishment and shall be binding thereafter. 

 

Chapters: 

I. DATA OF THE SERVICE PROVIDER

II. GENERAL TERMS, APPLICABLE LAW

III. THE SERVICE

IV. CONTENT ON THE CHANNELS

V. DONATIONS

VI. CONCLUSION OF THE AGREEMENT, CORRECTING INPUT DATA 

VII. OPERATION OF THE WEBSITE

VIII. TERMINATION OF THE AGREEMENT

IX. TERMS OF PAYMENT

X. NO WITHDRAWAL

XI. WARRANTY

XII. LIABILITY

XIII. COMPLAINT-HANDLING, REPORTING BREACHING CONTENT

XIV. REMEDIES

XV. MISCELLANEOUS

 

I. Data of the Service Provider

Name: Donably UK Ltd. 

Registered seat and mailing address: Unit A28 - A30, Red Scar Ind. Estate, Longridge, Preston, PR2 5NA, United Kingdom

Phone: +44 121 318 7246

E-mail: office@donably.com

Tax No.: 12875465

Registration No.: 12875465

Registered by: Companies House, United Kingdom

 

Data of the storage provider:

Webinform Consulting Online Produkciós Kft.; www.webinform.hu; 1025 Budapest, Szépvölgyi út 176. III. em.; office@webinform.hu 

II. General terms, applicable law

2.1. Parties hereby agree that Hungarian law shall be applicable and Hungarian courts shall have competence in respect of the agreement concluded in accordance herewith. In any matters not specified herein and for the interpretation of these Terms, the laws of Hungary shall be applicable. The provisions of the respective law shall be applicable even without explicit provisions thereon in the agreement. 

2.2. The users of the Website (hereinafter referred to as the Users) acknowledge by the registration that they know these Terms and accept them as binding. Should the User not accept these Terms, he/she may not use the services provided on the Website. 

2.3. Users will be informed on the relevant features of the Website on the Website and in e-mail. 

2.4. Personal data provided through the Website (e.g. name and e-mail address) shall be processed in accordance with the Privacy Policy. Please read the Privacy Policy before providing any information to the Service Provider. 

III. The Service

3.1. The Service Provider provides a platform, a profile page for users where they as persons pursuing creative activities may create a donation channel (hereinafter referred to as: Channel) to acquire donations from third parties through their Barion accounts. 

3.2. The Service Provider offers the Users the possibility and right to use the Website. The User shall only have a license to use the Website and the software and other artworks thereon for the purpose and the period of the agreement concluded in accordance herewith without territorial limitation. Without any specific agreement to the contrary, the User shall not be entitled to download, copy, or share, publish the content created by others, or license the use of it to third parties either free of charge or for consideration, communicate it to the public or otherwise use it either for the purpose of gaining profit or free of charge. 

3.3. Users are informed on other relevant features of the services related to the Website on the Website. 

IV. CONTENT ON THE CHANNELS

4.1. The User may not infringe the rights of any third parties, especially copyright or neighboring rights or rights related to personal data or facial image with any content uploaded by the User or by any activities of the User. While uploading the content, the User shall make sure that he/she is entitled to upload the content without any limitation or necessary further consent of third parties and the upload and the content do not infringe the rights or lawful interests of third parties and they are not against the law, therefor exclusively the User shall be liable. 

4.2. The User shall refrain from any act or conduct that is against the law, considered a crime or violation, a breach of any right of other users, the Service Provider or any third party, or considered threatening, defamatory, slanderous, obscene, vulgar, pornographic, inappropriate, abusive, violent, containing forbidden advertisement, misleading, immoral or incentive to this end, especially from uploading or forwarding such material to the Website or giving or accepting any offer to this end. 

4.3. If the User uploads content, he/she shall be exclusively liable for that, thus he/she needs to make sure to be entitled to do so and it not being against the law. The Service Provider will not check any information (including files) only forwarded, stored or made accessible by it and will not seek any facts or circumstances indicating any activities against the law. The Service Provider shall not be liable for any infringements of rights of third parties by information (including files and texts also) originating from an external source and transmitted, stored or made accessible in the course of provision of an information society service. 

4.4. Should the Service Provider (e.g. upon a request) obtain knowledge or awareness of any illegal conduct related to information, or the information breaching the rights or legitimate interests of any person or these Terms, the Service Provider will act expeditiously to remove or to disable access to the information and may delete or suspend (block public access to) the account of the User. 

4.5. In respect of the information transmitted for the service, it is not the Service Provider initiating the transmission of the information; selecting the receiver of the transmission; or selecting or modifying the information contained in the transmission. 

4.6. The User may not engage in any conduct for bypassing the use of the Website, aimed at contacting donors without the use of the Website (e.g. giving his/her bank account number at his/her data, he/she may only use the Barion payment). 

4.7. The User may not engage in any conduct suitable for harming the goodwill or reputation of the Website or the Service Provider or the rights of the Service Provider. 

4.8. Prohibited advertisements shall include but not be limited to: 

• erotic products, sexual services, erotic or sexual massages; 

• offering betting or gambling systems or help for the use of such; 

• illegal selling or advertising of alcohol, alcoholic beverages or tobacco;

• dating services; 

• political advertisements; 

• advertising for the services or goods of third parties; 

• any other advertisements not complying with the law even is not listed above.

4.9. By uploading any content, the User acknowledges and consents free of charge that the content (including his/her facial image, any intellectual property, works protected by copyright, trademarks) be accessible by any visitors, and published on the Website. Thus the User provides a right to use free of charge without any limitation in time, territory but limited to the ways of use complying with the purpose of using the content on the Website including copying or storing even as part of a database by the Service Provider. The User may withdraw this consent to use by deleting the respective content. 

V. DONATIONS

5.1. The purpose of the donations is exclusively the irrevocable support of the activities of the User by donors free of charge with money donations. 

5.2. Barion Payment Zrt. will be named as recipient on account statements and other documents when a donation is paid. 

5.3. For payments between donors and Users, the policies of Barion shall be applicable. 

5.4. In case of regular (monthly) donations, the amount of donations shall be debited regularly on the same day of each calendar month by default.  

VI. CONCLUSION OF THE AGREEMENT, CORRECTING INPUT DATA 

6.1. Upon the acceptance of these Terms and the registration, Parties enter into an agreement upon which the Service Provider shall make the Channel public. 

6.2. The User may register by using his/her Facebook or Google account also, in which case the General Terms or Terms of Use of these services shall be applicable. Please read these documents. 

6.3. The period of the agreement is indefinite. 

6.4. Input data may be corrected by the User when filling out the registration sheet. Please check the content of the registration sheet thoroughly. The User may change his/her data, correct input data at the “Profile/Change of data” tab and his/her data on the Channel at the “Donation site” tab by changing the concerned data and clicking on the “Save” button. The Service Provider hereby excludes any liability of any kind whatsoever for the User providing incorrect or incomplete data. 

VII. OPERATION OF THE WEBSITE

7.1. The Service Provider cannot undertake or guarantee that the Website will operate without any interruption or errors, the Service Provider shall not be liable therefor. The Service Provider shall be entitled to suspend the operation of the Website for maintenance. 

7.2. The Service Provider shall have the right to change the content of the Website without any prior notifications. 

7.3. The Website may include references to other websites. The Service Provider shall have no liability for the information or content on such websites. 

VIII. TERMINATION OF THE AGREEMENT

8.1. The agreement of the Parties shall be terminated by the deletion of the User’s account. 

8.2. The User shall have the right to delete the account and thus terminate the agreement without cause. 

8.3. The Service Provider shall have the right to delete the account of the User or terminate its services without cause with a 30 days’ notice. 

8.4. Should the User breach these Terms, the Service Provider shall have the right to unilaterally and immediately terminate the agreement and delete the User’s account. In case the Service Provider immediately deletes the User’s account, the User may not use the services again, the Service Provider may deny access or a new registration by the User. 

8.5. Exclusively the User shall be liable for saving and archiving the data in his/her account for the case of deletion. After the deletion of the account the data will not be accessible. 

IX. TERMS OF PAYMENT

9.1. Fees on the Website include VAT if it is payable in respect of the Service Provider and the concerned transaction. 

9.2. The Service Provider shall be entitled to receive commission from the donations made through the Website. The amount of the commission will be published on the Website by the Service Provider. The Service Provider has the right to change the prices of the services. Changes will come into force upon publishing on the Website, of which the Service Provider shall inform the User in e-mail in advance. Changes shall be applicable in respect of donations made after the changes; fees payable for donations already made shall be neither positively nor negatively affected by the change. 

9.3. The Service Provider’s commission deducted from the donations shall be forwarded directly to the Service Provider by Barion payment system. The part of the donation deducted by the commission shall be forwarded to the User through Barion system. The Service Provider will only charge the User and not the donor. The User hereby provides his/her consent to deducting the commission and shall make any declaration required to this end. 

9.4. The User shall comply with his/her obligations to give receipts, pay taxes and submit returns related to the donation. The Service Provider shall not be liable for the users complying with their taxation obligations, the User shall be aware of and comply with such. Notwithstanding the foregoing, the Website helps the Users issue receipts but the User shall check the content thereof. 

9.5. The Barion system has its own terms and conditions, the User can read and accept them upon registration there. 

9.6. The Service Provider will issue and send to the User an invoice on the commission falling due in the respective month by the 10^th day of the following month. By accepting these Terms, the User gives his/her consent to the Service Provider to issue and send him/her an electronic invoice. 

X. No withdrawal

10.1. In respect of the use of the service provided by the Service Provider in connection with the User’s creative activities through the Website, the User shall not be considered a consumer (a consumer is any natural person acting for purposes which are outside his trade, business or profession, thus the User as such is not), thus the User shall not have the right to withdraw from the Agreement.

 

10.2. Parties hereby explicitly agree and the User, by accepting these Terms, explicitly requests from the Service Provider that the Service Provider forthwith commence its services before the lapse of the 14 days’ withdrawal period. Because of this, even Users who may be considered consumers could have the right to immediately terminate the agreement, instead of the right of withdrawal, which may be exercised by the deletion of the account. In respect of digital data content not provided on data carriers, and services being fully provided, even users who could be considered consumers may not withdraw from or terminate the agreement because of the request or declaration above in accordance with Govt. Decree 45/2014 (II. 26.). 

XI. WARRANTY

11.1. The Service Provider shall have no warranty obligation in respect of any content uploaded by the Users and the Service Provider does not guarantee that such content will not infringe the legitimate interest of third parties, that it is not illegal, it is accurate, precise or fit for any purpose, or compliant with any quality or other criteria. 

11.2. In case the Service Provider does not provide its services in accordance with the agreement, the User may make warranty claims against the Service Provider. 

11.3. Should the User experience that his/her Channel is not available for any reason attributable to the Service Provider, he/she shall forthwith contact the Service Provider and make a claim. The User shall let the Service Provider know of the error without delay after uncovering it. Warranty claims shall lapse after 1 year. The User shall prove that the error has occurred by the time of performance. Given the nature of the services, warranty claims may be repair or withdrawal. 

 

11.4. The Service Provider takes no liability for the actions, services and operation of third parties, such as Barion. 

XII. LIABILITY

12.1. To the extent allowed by law, the Service Provider hereby excludes any liability for damages caused directly and/or indirectly by the use of the Website and/or the result thereof including but not limited to the damages caused by and/or arising from the following:

- any activities of the User, even if he/she was driven to it by any information published on the Website;

- inability to use the Website; 

- any content uploaded by the Users;

- any inaccuracy, flaw, obsoletion of any information on the Website.

 

12.2. The Service Provider hereby excludes liability for any direct, indirect, incidental, consequential, punitive or non-pecuniary damages arising from access to the Website or any failure thereof or the use or failure to use of the content of the Website to the greatest extent possible. The Service Provider shall not take liability for the Website or the server making the Website accessible being free of viruses. 

 

12.3. The Service Provider shall not be liable for any of the following, arising out of any reason whatsoever: 

- Non-arrival or random change of any data sent and/or received on the internet.

- Any operational failures of the internet network preventing the smooth operation of the Website. 

- Any breakdowns of any receiving devices or communication lines. 

- Loss of mail. 

- The malfunctions of any software.

- Any program errors, the results of extraordinary events or technical malfunctions.

 

12.4. The Service Provider shall not be liable, on any grounds whatsoever, for any direct or indirect damages arising because of accessing or viewing the Website.

 

12,5. The User shall bear full and unlimited liability for damages arising from providing the personal data of third parties and publishing such on the Website. 

 

12.6. The Service Provider guarantees no results arising from the use of the Website, the Service Provider shall not be liable for any results. 

 

12.7. Any limitation or exclusion of liability in this chapter shall not be applicable if the limitation or exclusion is prohibited by law.

 

12.8. The User shall, at his/her own expense, provide the tools and internet connection with proper bandwidth necessary for the use of the service. The Service Provider recommends the use of a firewall and virus protection. 

XIII. reporting breaching content

13.1. Reporting breaching content: Holders of a right protected by the Copyright Act, established on any copyrighted work, performance, recording, audiovisual work or database, or of an exclusive right arising from trademark protection under the Act on the Protection of Trademarks and Geographical Indications of Origin (hereinafter: “rightholders”) which has been infringed by the information made accessible by the service provider – excluding the standardised address of the access to the information – may request the removal of the information infringing his right by way of sending a notice in the form of a private document with full probative force or a notarised deed to the Service Provider. The notice shall contain: a) the subject of the infringement and the establishment of the facts that provide reasonable cause to believe that infringement has taken place; b) he data needed to identify the unlawful information; c) he name, address of residence or head office, phone number and electronic mail address of the rightholder. The Service Provider shall arrange for disabling access to or removal of, the information identified in the notice, within 12 hours of receiving the notice, specifying the rightholder whose right was infringed based on the notice; and shall concurrently give written notice to the affected recipient of the service who had provided the information that infringes the right of the rightholder within three working days. Otherwise Article 13 of Act CVIII of 2001 on certain issues of electronic commerce services and information society services shall be governing. 

XIV. Remedies

14.1. Parties hereby stipulate the jurisdictions of the II and III District Court of Budapest and the County Court of Székesfehérvár depending on their competence to which jurisdiction the parties hereby irrevocably submit.  

14.2. The online dispute resolution platform may be found at http://ec.europa.eu/odr , with its terms of use.

XV. Miscellaneous

15.1. The content of the Website is protected by copyright and intellectual property rights, any use or utilization of it or any parts thereof or of the software, graphical, video, database and other artworks, texts, trademarks, trade names without permit in any form or for any purpose not complying with these Terms is prohibited. The holder of the rights to the intellectual property that was not uploaded by the Users is the Service Provider. 

15.2. Should any provision of these Terms be found invalid by a court, the invalidity shall not affect the validity of other provisions, which shall remain valid. 

15.3. The Service Provider retains the exclusive right to remove any unacceptable content from the Website at its sole discretion. 

15.4. By using the Website, the User acknowledges that he/she knows and has acknowledged these Terms and accepts them as the terms for the use of the Website.