Edition dd 08.06.2018
This User Agreement (hereinafter – "the Agreement") is addressed to the public at large (hereinafter – "the Users") – visitors and registered users of non-profit-making institution (NGO) “Chernovetskyi Fund”, identification code: 404940711, contact data: 11 Besarion Jgenti St., Tbilisi, Georgia, tel.: +995 577 92 40 45, +995 322 19 33 21 (hereinafter – "the Fund"), located in the Internet under the domain name (including all subdomains and separate pages) chernovetskyifund.ge (hereinafter – "the Website").
The subject of the Agreement are the relations between the Fund, a legal entity registered and acting according to the legislation of Georgia, being the Website administrator, and the Users concerning the use of the Website, access to services, content and information of the Website, as well as other services related to the Website.
This Agreement shall come into force upon the User's express agreement on its conditions by immediate using the Website and/or his/her authorization at the Website.
From time to time, without prior notice to the User, the text of this Agreement may be amended or supplemented (including in cases of changes in the effective legislation). In such a case the Website shall publish a notification about the date when such changes shall come into force (7 calendar days upon the date of publication of the new edition of the Agreement on the Website) and on the specified date the new edition of the Agreement shall come into force. If the User does not refuse to accept the Agreement provisions in writing, it shall mean that the User agrees with the new edition of the Agreement. It is recommended that the User consults the Agreement from time to time to control any changes and additions.
1. The Subject and other Provisions of the Agreement
1.1. The User receives access to the Website, as well as a possibility to use its services in real time mode, including access to the Website content, possibility to give donations etc. According to the provisions hereof, the content means any information-containing materials (texts, images, audio, video etc.), read-only access to which through the Website is given to the User.
1.2. The Website procedure for processing User personal data shall be regulated by the Personal Data Confidentiality Policy which can be accessed by the address http:https://chernovetskyifund.ge/en/privacy/; the Website procedure for work with cookie-files shall be regulated by the Regulation on Cookie-Files, which can be accessed by the address https://chernovetskyifund.ge/en/cookie/.
2. Rights, Obligations and Guarantees of the User
2.1. Use of the Website and/or any of its services by the User shall mean an unconditional consent of the User with all the provisions hereof, as well as with all its amendments and supplements, and an unconditional acceptance of its conditions. If the User does not agree with any of the provisions hereof, the User shall discontinue any further use of the Website.
2.2. The User undertakes to use the Website in accordance with the conditions hereof, to follow its requirements, and not to violate the rights and lawful interests of the Website and the Fund.
2.3. The User undertakes to get familiar with the provisions hereof and to follow its changes independently. User's continuing to use the Website after any changes and/or additions to the Agreement shall constitute the User's consent to such changes and/or additions. User's not knowing about the effective conditions of the Agreement shall not release him/her of obligations provided by the Agreement, as well as of responsibility for their non-fulfilment and/or improper fulfilment.
2.4. The User guarantees that when using the Website he/she does not and will not make any actions aimed at evading the technical protections means against unauthorized use of the Website, as well as any other actions aimed at changing the functional characteristics or destabilization of the Website operation.
2.5. The User shall provide an agreement to receive informational materials, push-messages from the Website by any means which is not forbidden by the acting legislation and which is applicable to the Agreement, within any period of time and at the e-mail address, telephone number of the user, in the User personal cabinet or by any other way.
2.6. The User provides his/her consent for the Website to use the User's telephone number (numbers) which he/she used for communication with the Website and/or to make payment operations (donations) using the Website, for calls, sending information messages by any means non-forbidden by the effective legislation applicable to the Agreement. The User may refuse from further use of his/her telephone number for communication by addressing the person authorized for interaction with Users.
3. Rights, Obligations and Guarantees of the Website
3.1. The Website undertakes to provide the User with round-the-clock (save the time for preventative technical works and technical breakdowns due to reasons beyond the Website power) access to the Website according to the procedure and under the Conditions provided hereby.
3.2. The Website shall have the right to limit the User's access to the Website at its own discretion and without any specific notification to the User, shall the User violate this Agreement.
3.3. The User confirms that he/she releases the Website from any kinds of reimbursements and compensations for the Website's exercising its rights hereunder.
3.4. The Website shall have the right to take any actions which do not contradict the effective legislation in order to prevent any violation of this Agreement and any other actions violating the rights and lawful interests of the Website or its Users and/or discrediting the informational projects.
4. Payments and Return Policy
4.1. When the User makes donations (payments, money transfers) at the Website via a bank card, they are done by readdressing to the websites of electronic payment systems UFC (www.ufc.ge), libertypay.ge, as well as MoneyMovers, PayPal, WebMoney, Qiwi, GooglePay, ApplePay and others.
4.2. Information about a payment contains payer's data, amount and purpose of the donation (beneficiary's data or project name).
4.3. Payment security in the abovementioned cases shall be provided by using the SSL protocol for transfer of User confidential information through closed banking networks with high-level protection, and input of payment data - through tools of payment services, without provision of this data to the Website (therefore, payment data is not purposefully processed by the Website).
4.4. The procedure and the important conditions of making charitable donations by the Users, the collection of which shall be done by the Fund in the framework of implementation of charitable programs and projects on the Website, shall be regulated by the Public Offer on Provision of Charitable Donation, which can be accessed by the address https://chernovetskyifund.ge/ru/terms/.
4.5. If a donation cannot be used as intended by the User (due to termination of fund-raising for a specific project at the moment of reception of the donation etc.) and the user did not additionally specify his/her preferences (return of the transferred amount or permission to transfer this amount to another person in need etc.) in writing, the donation shall be used for the specified purposes of the Fund.
4.6. In case of circumstances specified in para. 4.5. (which is not limiting) of the Agreement, the amount transferred by the User shall not be returned.
4.7. The User shall not have right to demand from the Fund to return of the amount incorrectly transferred by the User (not following the rules for transfer of donations, mistake in the amount etc.)
5. Responsibility and its Limitations
5.1. In case of failure to fulfil and/or improper fulfilment hereof the Party which committed such violation shall bear responsibility according to the effective legislation applicable to this Agreement. The Party guilty in such failure to fulfil and/or improper fulfilment of its obligations hereunder shall be obliged to reimburse the other Party for all the documented costs incurred by the other Party due to such failure to fulfil and/or improper fulfilment.
5.2. The Website shall have the right to suspend, limit or discontinue the User's access to the Website or its specific services at any time at its own discretion, including without limitations, if the User violates the provisions of this Agreement, the effective legislation applicable to this Agreement, and if the Website has a reason to consider the User's actions as malevolent, aimed at undermining the Website operability and/or such as may lead to violation of rights and lawful interests of the Website and/or other Users, harm their business reputation etc. The Website shall not be liable for any harm which may be caused by such actions to the User.
5.3. The User shall bear independent responsibility for its actions related the use of the Website.
5.4. The User understands and agrees that:
5.4.1. The Website shall not bear any responsibility against the User for the Website content and for any other information published on the Website.
5.4.2. The Website shall not be responsible for any technical failures, delays in processing or transfer of data, delays of reception of payments, safekeeping of User's login and password; it does not guarantee flawless and uninterrupted operation of the Website and by default bears no responsibility by any harm caused to the user by technical failures of any Party's hardware or software.
5.4.3. The Website shall not be responsible against the User or any other third persons for any direct, indirect or accidental damage, including lost profit, harm to honor, dignity or business reputation which arose in relation to the use of the Website and/or the Website services.
5.5. If any claims, suits and any other demands related to the Website use by the User or any third person from the User's account are presented to the Website, the User shall be obliged to settle the abovementioned claims/suits/demands by his/her forces and at his/her expense and fully reimburse all the costs and damages incurred by the Website.
5.6. The Website shall not be responsible for accessibility and content of websites of third persons in the Internet, transfer to which is done via links located on the Website, as well as for any consequences related to use of such websites.
6. User Registration
6.1. For the purpose of complete and most efficient use of the Website the User can register at the Website by creating his/her account. Registration shall be done by any of the following ways: entering the e-mail address (login) and password by the User on the Website or via an existing User's account in social networks the list of which is given on the User registration page. Further access to the registered User account shall be done by his/her authorization.
6.2. After registration at the Website according to the procedure provided by the Agreement the User shall get access to his/her account. In the framework of this Agreement an account shall mean a User account on the Website containing the data required to identify the User, as well as information for authorization.
6.3. With the help of an account the User can: fill in his/her profile with personal information, make changes to it, make other actions featured by the Website.
6.4. The User shall have the right to create several accounts, with regard to the fact that creation of more than one account for one e-mail address or one telephone number is inadmissible.
6.5. The User shall be responsible and shall independently take all measures to ensure security of his/her account on the Website, including control over the e-mail address or telephone number specified in the account, and safekeeping of the User's login and password. The User shall bear full responsibility for all actions made using the User's account. The user obliges to immediately inform the Website about any cases of unauthorized use of the User's account by third persons.
6.6. In case of loss of information and/or if it is impossible to enter one's account, the User shall be able to restore it by entering his/her e-mail address (login), whereto a letter with a link to password restoration will be automatically sent.
7. Technical Requirements
7.1. The User confirms and agrees that access to the Website is provided to the User via devices (computer, cell phone and/or another device for Internet access). When using devices which do not meet the due technical requirements and if there are other limitations provided by the Website the Services may be inaccessible (have limited functionality).
7.2. The Website shall be entitled to install technical means for the Website protection against unauthorized access and/or other actions forbidden according to the provisions hereof or according to the effective legislation applicable to this Agreement.
7.3. The Website shall not be liable for any damage to devices or software of the User or any other Person caused or related to using the Website.
8. Additional Conditions
8.1. This Agreement is stored on the Website in open access for the User. The effective edition can be reached by link http: https://chernovetskyifund.ge/en/agreement/.
8.2. The effective legislation of Georgia shall be applicable to this Agreement. Issues which cannot be settled by the Parties shall be settled according to the legislation of Georgia.
8.3. This Agreement is concluded for an indefinite period and shall extend its action to Users from the moment they start using the Website.
8.4. All disputes and disagreements, claims and demands under this Agreement shall be settled by way of negotiations. If the Parties fail to reach an agreement by way of negotiations the dispute shall be settled in a judicial proceeding at the place where the Fund is located, according to the effective legislation applicable to the Agreement.
8.5. Invalidity (nullity) or discrepancy with the applicable effective legislation of any of the conditions hereof shall not impact the validity of other provisions of this Agreement. If any of the conditions of this Agreement is found invalid (null), the Website undertakes to immediately replace it with a different condition which will mostly meet the contents of the replaced condition, at the same time being valid. The amended Agreement shall come into force according to the procedure provided by this Agreement.
9.1. User's addressing on any issues related to this Agreement shall be received by an authorized representative of the Fund at e-mail email@example.com or by telephone +995 577 92 40 45, +995 322 19 33 21. Additionally, Users may address questions through the Website via personal message, sending an e-mail or in any other form not forbidden by the Law.