By using the services of the donation portal, you as a user (hereinafter referred to as donor) agree to these General Terms and Conditions of the donation portal.
§ 1 Scope and validity
(1) The general terms and conditions of the donation portal apply to the donor for the acceptance and forwarding of donations as well as requests for information on the intention to donate.
(2) These terms and conditions apply to all one-off and ongoing services of the donation portal within the scope of the entire business activity and irrespective of the classification under contract law. They also apply to all future business relationships without the need for explicit inclusion again. These terms and conditions shall be deemed accepted at the latest with the first use of the services of the donation portal.
(3) These GTC as well as all further amendments are available online on the Donations Portal website at www.spendenportal.de and apply exclusively. The donations portal reserves the right to amend these terms and conditions in any form at any time, without further notice and at its own discretion. Notification of changes at this point is recognised by the donor as sufficient notice.
§ 2 Scope of services
(1) The donation portal is designed as a network for non-profit organisations in which donors and non-profit organisations find each other. With the information platform "Donation Portal", donors have the opportunity to obtain information about a variety of non-profit organisations and their donation goals.
(2) We are a funding body which, according to its statutes, pursues the purpose of raising funds for the realisation of tax-privileged purposes of another body. The statutory purposes of Sozial-AG therefore include all charitable purposes that other charitable corporations might also pursue. The donor turns his donation over to the non-profit social corporation, which first adds it to its assets. In its function as a fundraising organisation (funding body), Sozial-AG is therefore entitled to issue the donor with a donation receipt (Zuwendungsbestätigung). The purpose of the donor is fulfilled by Sozial-AG by using the funds received within the framework of Sozial-AG's own statutory purposes in accordance with the donor's purpose. If possible, the organisation suggested by the donor should receive the donation in accordance with § 58 No. 2 AO. If the organisation nominated by the donor is obviously not a non-profit organisation or if there are other reasons why this organisation should not be favoured, the donation will be used for a similar purpose and the donor will be informed of this in a timely manner.
The Sozial-Aktien-Gesellschaft Bielefeld decides on the use of the donations. There is no legal claim on the part of the donor or the favoured organisation.
(3) The use of the services mentioned in paragraph 1 is free of charge.
(4) Depending on the selected transfer method, fees will be charged for the donation, which the respective provider (e.g. giropay, ....) will charge to the donation portal itself. The fees are listed and explained transparently in terms of amount and composition before the donation is executed. Donors have the choice of paying these fees themselves in addition to the donation; otherwise, the fees will be deducted from the intended donation before it is transferred to the selected non-profit organisation. The donor agrees to the transmission of the data required for the transfer of the donation to the implementing banks or to the transmission of the data required for the implementation of the donation by direct debit to the non-profit organisation.
§ 3 Data protection of donors
The donation portal uses SSL encryption technology for the transmission of data. The data of the donors will only be stored for a short period of time at the donation portal for accounting, security and research reasons.
The data is used exclusively for the purpose of transferring it to the respective charitable organisation. The donor's personal data may be forwarded to the charitable organisation for the purpose of producing a donation receipt for the donor. The donor also agrees to this forwarding by using Spendenportal. Furthermore, the data may be used to remedy technical defects. They will not be forwarded to other bodies.
§ 4 Duties of the donors
(1) By using our services, you agree to provide true, accurate and up-to-date information about yourself (hereinafter referred to as "registration data") as specified in the registration form.
If it becomes known that any of the information you provide is untrue, inaccurate, outdated or incomplete, the donation portal reserves the right not to accept you as a donor in the future and to take other legal action if necessary.
(2) Donors undertake to comply with German and international legal provisions when using the services and data lines of the donation portal in order to prevent unlawful use. Furthermore, donors undertake to assume sole responsibility for compliance with the legal provisions.
§ 5 Disclaimer
(1) The donation portal operates all services with the greatest possible care and reliability. It does not guarantee that the services are accessible without interruption and that the services or the desired connections are always accessible. This also applies in the event of disruptions occurring in the public telecommunications network between participants and the donation portal dial-in point and in the event of disruptions occurring in national and international network areas not operated by the donation portal.
(2) Spendenportal is liable without limitation in the case of intent, malice and gross negligence on the part of Spendenportal or its authorised representative bodies, as well as in the case of personal injury.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), Spendenportal's liability is limited to the amount of the typical and foreseeable damage. Cardinal obligations in the sense of this regulation are the contractual main performance obligations as well as obligations, the fulfilment of which enable the proper execution of the contract concluded between the donation portal and the user in the first place and on the compliance with which the client may also regularly rely in view of the agreement. In this case, however, the donation portal shall not be liable for lost profit, indirect damage, consequential harm caused by a defect and/or claims by third parties.
For all other cases, the liability of Spendenportal is excluded.
(3) Since the employees of Spendenportal cannot constantly monitor the contents of external websites for changes, Spendenportal assumes no responsibility for the contents of these websites. This also applies to the content of websites that can be accessed via links on such sites. However, the donations portal reserves the right to block individual offers if the publication violates laws (Criminal Code, Telecommunications Act, Telecommunications Act, etc.) and blocking is necessary in this respect.
(4) Furthermore, the donation portal shall not be held responsible if someone succeeds in unlawfully obtaining data of the donors and further using them. The assertion of claims for damages or consequential damages by donors or third parties against the donation portal or sponsors of the donation portal is excluded by mutual agreement in such a context.
§ 6 Final provisions
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Instead, the statutory provision shall apply in place of any invalid provision. The same applies to incompleteness.