General Terms of Use of ISRAELGIVES.ORG, ISRAELTOREMET.ORG, and GIVING.TECHNOLOGY websites and fundraising services ("General Terms")

Last updated on 29.03.2021

IsraelToremet Ltd. (IT) (514228766), whose address is Arava 1, Givat Shmuel, operates the ISRAELGIVES.ORG, ISRAELTOREMET.ORG, and GIVING.TECHNOLOGY websites and fundraising systems that appear on the IsraelGives.org, IsraelToremet.org, and Giving.Technology websites ( "Sites").

This document constitutes the general conditions for the use of the Company's sites and fundraising services. Please read the terms carefully. If you do not wish to be bound by these terms, you must stop using and accessing the Sites and request the closure of your account.

These General Terms and Conditions are subject to change and updates from time to time. As a user you are responsible for logging into the sites and checking the general conditions and changes made to them. The most up-to-date version of the Terms and Conditions will apply to any future use of the Sites. By registering on the site, you agree to these general terms and conditions.

These terms are written in masculine for convenience only, but are intended for both women and men.

1. Introduction

General

1.1 The purpose of the Sites is to provide information about non-profit organizations, and to help non-profit organizations and the general public (hereinafter: the "User" or "user") to donate and fundraise.

1.2 Through the Sites, users can advertise themselves, raise donations, create fundraising campaigns, and communicate with donors and supporters.

1.3 If you are a resident of Israel, you confirm that you only donate funds reported to the Israeli tax authorities. If you are a resident of a country other than Israel, you declare that the funds you have donated are reported to your country of residence.

1.4 As a user, you agree to receive mailings and updates from IT, about your account and about the services offered by IT. You can remove yourself from the mailing list at any time by clicking on the link in the email you receive, or by sending an email to IT at info@israeltoremet.org.

1.5 The user agrees that his use of the sites is on the basis of AS IS and AS AVAILABLE and that his use of the sites is at her own risk. IT does not guarantee uninterrupted and secure access to its services. Website operation may be interrupted by many factors beyond the control of IT. To the fullest extent permitted by law, IT does not undertake any terms, representations or other obligations with respect to the Sites, other than those set forth in this Agreement.

1.6 Subject to this section, IT will not be liable in any case (whether due to breach of agreement, negligence or for any other reason) for any loss or damage suffered by the user as a result of using the Sites, including (but not limited to) loss of profits, damages and others, loss of sales, loss of revenue, loss of goodwill, loss of software or information of any kind, loss of transactions, loss or waste of time of employees and management of the user, or any other direct, indirect or special loss.

1.7 IT may change the format and content of the Sites from time to time. The user must REFRESH the web pages of the sites, as well as delete their cookies and browser history, each time they re-enter the Sites to ensure that the customer uses the latest version of the Sites, including the latest version of these general terms and conditions.

1.8 IT reserves the right to cancel any campaign or close a user account at any time, in its sole discretion. In such a case, the user will be sent a message to the e-mail address he provided when registering on the site. If donations have been made to the user through the sites that have not yet been transferred to the user, these donations will be canceled. Also, in the event that a campaign does not reach the declared financial target, IT reserves the right, at its sole discretion, to cancel the campaign and return the funds to the donors.

1.9 If the user chooses to raise donations for a non-profit organization, then any donation raised will belong solely to this organization, and the decision whether to allocate funds raised to the specific purpose for which the user raised donations will belong solely to the organization.

Holding funds in trust for Israeli non-profit organizations

1.10 IT may serve as a trustee for funds donated through the Sites to Israeli non-profit organizations. In such cases, donations made through the Sites are not donated to IT but are held by IT in trust until they are transferred to the recipients. As a trustee, IT charges a service fee, as set out in Section 5 below. IT is responsible for transferring to the user the funds donated to it.

1.11 The user recognizes that the IT service fee will be deducted from the donation which is held in trust by IT. In addition, the user is aware that he is responsible for issuing a receipt to his shekel donors, in the amount of the full amount of the donation.

1.12 The transfer of funds held in a trust is conditional on meeting any requirement for a legal or financial document that will be required by IT related to proper management and in accordance with Israeli and international laws.

1.13 IT will hold the funds in trust for a maximum period of 180 days. Should the user cease to provide any financial or legal document that has been requested to be provided to IT, the donation funds will be re-allocated to a different social purpose at IT's discretion.

1.14 The date of every donation will be indicated in the User's account on the Site. The user is responsible for issuing a receipt for this date, although the user will receive the actual donation money at a later date.

Processing payments using the User's own merchant accounts

1.15 IT permits the User to connect his own merchant account (Stripe, Paypal, Isracard, Visa CAL, Paybox, and Bit) to IT's payment processing platform. In such a case, donations processed through the platform will not be held in trust by IT, but transferred directly by said merchant account providers to the User.

1.16 In the case of payments made by Israeli merchant account providers, IT will issue a quarterly invoice to the User for IT's service fee, and said invoice will be paid by the client within 10 business days.

1.17 In the case of payments made by Paypal and Stripe, IT's service fee will be deducted immediately from the payment prior to deposit in the User's Paypal or Stripe account.

Donations in foreign currencies to Israeli non-profit organizations

1.18 IT will enable donors to make donations in foreign currencies through its platforms. If a foreign donation is allocated towards the user, the donation will appear in the user's account. However, the donation is not made directly to the user but to one of IT's international partners: in the US - America Gives (also known as American Support for Israel); in Canada - Canada Charity Partners; in the UK - UK Gives; In France - Fonds de Dotation IG; In Australia: Chai Charitable Foundation.

1.19 In practice, the allocation of the donation is a recommendation and the international partner exercises discretion whether to respect the donor's recommendation on whether to donate the donation to a particular user. In order for a user to be eligible to receive the donation, he must meet the eligibility conditions of the international partner, as specified on the website. If a donation is received by the international partner and the user does not meet the eligibility conditions, it will have up to 180 days to meet the eligibility conditions. After 180 days, the international partner will re-allocate the donation towards a different social cause.

1.20 If 180 days have passed from the date of donation, and after meeting the eligibility conditions, the international partner has decided to donate the funds to the same organization to which the donor intended the donation, an additional service fee will be charged for each fiscal year between donation and transfer. For example: If the original donation was made on 07.2018 and only on 02.2020, after the association met the eligibility conditions, the international partner decided to transfer the funds to it, a separate service fee will be charged for the fiscal year 2018, 2019, and 2020.

2. IT agrees that:

2.2 It will operate the Sites so that donors can make donations online using credit cards or other means of donation. User use of the Sites and their Services will be based on AS IS and AS AVAILABLE.

Recognition of donation

2.3 IT will send a "Confirmation of Donation" immediately to each donor after each donation made to the user through the Sites. A copy will also be sent to the user.

Personal identification information

2.4 It will collect personally identifiable information including the donor's name, address and email address ("Personal Identification Information") and will protect and secure such information.

2.5 It will follow the instructions of all donors regarding their personal information.

2.6 It will provide the User with access to a secure, password-protected account, to sites where the User may access details of donations made to the User, details of payments made to the User and details of donors, as provided by the donors themselves.

Site management and miscellaneous

2.7 It will undertake to manage and update the Sites from time to time. During periods of updating and modifying sites, sites will not be available for use.

Mediation

2.8 IT, as the site operator, serves as an intermediary between the user and the users of the sites. Although the information about the user and the campaign is on the Sites, the user is responsible for the content and its truths. In the event that IT becomes aware of improper or illegal use of the information contained on the sites, IT will act to remove the information or block access to it. IT will not be liable to the user as a result of its role as an intermediary.

3. The user agrees to:

3.1 Make sure that the content it provides to IT for display on the Sites is as real and accurate as possible, does not violate any law or regulation and does not constitute libel, or infringe on the intellectual property rights of any third party and does not infringe any right or obligation towards any third party.

3.2 Allow IT to deduct its service fee, as set forth in Section 5 below, from the funds IT holds in trust for the user, or to charge the service fee in any way.

3.3 will provide written confirmation to IT regarding any donation it instructs IT to return to the donor.

3.4 Allow IT to deduct refunds from future donations. In the event that there are no further donations within one month from the date of refund, IT reserves the right to send the user an invoice for the refund and the user agrees to pay the invoice within one month from the date stated on the invoice.

3.5 You will issue to the donor who donated in Israeli Shekels a receipt for tax purposes on the full amount of the donation and for the date of the donation specified in the user's account on the website. The user will also issue to the foreign fund a receipt for tax purposes on the total contribution of the fund to the user.

4. Trademark license

The user hereby grants IT a non-exclusive license to use its trademarks solely in connection with the sites and their operation and not for any other purpose.

5. The service fee

5.1 The registration for the sites and the actions in the account of the user of the sites do not involve any payment or any fees. In the event that donations are made through the sites, service fees will be charged as detailed on the sites.

5.2 IT may hereby deduct its service fee from the funds received in the trust. If there are no donations received in the trust, IT may collect the service fee directly from the user.

5.3 IT may also charge the user for the use of its services, by direct debit, credit card, PayPal, or other means of payment. The charge can be a fixed charge or a variable amount, depending on the quality of the service or a product purchased by the user from IT.

5.4 The services and membership fees purchased by the user from IT can be canceled at any time. If the user has decided to pay through PayPal and has created a reference payment, this contract can be canceled at any time.

6. Rights

6.1 All intellectual property rights in any material (including written material, photographs and other images, trademarks and logos (logos), donation forms, fundraising systems, systems for creating fundraising campaigns (and all tools on the Sites) are owned by IT and all intellectual property rights belong to IT.

6.2 The user undertakes not to copy, reproduce or create a tool or product similar to those found on the sites or that IT has property rights on.

7. Confidential Information

During the period of the user's membership, and for a period of seven (7) years thereafter, the parties will regard any information about the other party, obtained as a result of using the services of IT and not known to the public, as confidential information. A party will not disclose to a third party or use the confidential information of the other party, without the written consent of the other party, in advance, unless required to do so by law. This section will survive the termination of these General Terms and Conditions.

8. Membership period and its termination

8.1 The period of membership of a user of the sites begins with the approval of the registration for the sites and continues until the date on which the user notifies IT in writing of its desire to terminate its membership. The end of the membership period does not delete the user from the sites. However, the user may request that his ability to receive donations through the sites be removed.

8.2 Membership in the sites of a user who represents a non-profit organization, and that organization's use and access to the Sites and its services, will end immediately in the event that the organization represented by the user ceases to be a legally active association, as evidenced by a review of the registrations of the Registrar of Associations.

8.3 In addition to the rights of each party as set out in section 9.1 above, each party shall be entitled to terminate the user's use and access to the IT site and services by written notice taking effect immediately in the event the other party fails or any action or threat of action resulting in infringement or fear of harm, to the reputation of the other party.

8.4 IT may block the user's access to the sites immediately at its sole discretion.

8.5 IT reserves the right, in any case, to block the sites to the public at any time, in its sole discretion. IT also reserves the right to stop allowing donations to be made to a User at any time in its sole discretion.

8.6 In addition, IT reserves the right to cancel a campaign that has not yet achieved its financial goal, or after its completion when the funds have not yet been transferred to the user or for the social purpose for which the campaign was created, all at its sole discretion.

8.7 IT reserves the right, in its sole discretion, to cancel any donation made on its platforms, provided that the donated funds have not yet been transferred to the user or to the social purpose for which the campaign was created. In case of cancellation, IT will return the full donation money (without deducting commission) within 60 days from the date of cancellation.

8.8 After a period of 12 months of inactivity (defined here as a period in which the User has not received or fundraised any donations), or after a period of 12 months from the moment that a User has received their first donation but has not yet uploaded the legal and fiscal documentation required in order to transfer the funds to the User, IT may close a User's account and remove all data, information, and documentation therein.

9. Pause of the operation of the sites or services

IT may, in its sole discretion, without being liable to the User, suspend the operation of the Sites or Services, in whole or in part, at any time, such as, but without limitation, for repair or updating work or to upgrade the content or functionality of the Sites from time to time .

10. Applicable law

The law applicable to these general conditions is that of the State of Israel and any dispute arising from these general conditions will be under the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo (Israel).

11. Notices

Notices by the User to IT shall be made in writing and sent by registered mail to the addresses specified in these General Terms and Conditions. These general terms and conditions constitute the entire agreement between IT and the user regarding the use of the sites and supersede any prior presentation, whether written or oral.

12. Rights of Third Parties

Under Israeli law, a person who is not a party to these general conditions may not enforce any of these general conditions.

13. Cancellation Policy

Donations can be canceled within 30 days from the date of their processing, or within 30 days from the end of the fundraising campaign (whichever is later). To process a cancellation, a User shall contact IT in writing, and include the cancellation request, along with the cancellation donation number. In the event that the donation is processed using the User's own merchant account, then the cancellation request should be performed directly by the User.

14. Restriction of Privacy

IT works to protect and preserve your personal and payment information. This information is securely stored in accordance with the PCI standard. Your details and credit details will not be transferred to a third party.

Site Privacy Policy (hereinafter: the "Privacy Policy")

1. General

The privacy policy of the Sites detailed below applies in relation to the collection and use of information provided by users to IT at the time of registration שnd during the use of the site's services, as well as information collected by IT during the use of the site's services (hereinafter: "the information").

The privacy policy is an integral part of the terms of use agreement between IT and the Users. All provisions of the Terms of Use Agreement shall apply, mutatis mutandis, also to the Privacy Policy, and all expressions in the Privacy Policy shall have the meaning given to them in the Terms of Use Agreement, and all unless otherwise stated or otherwise implied from the context.

Your visit to the site and the use of the site's services constitute consent to the privacy policy, and to the collection and use of the information, in accordance with what is specified in the privacy policy.

IT reserves the right to change the privacy policy, at its sole discretion, and any change will obligate users from the date of publication of the updated privacy policy on the site. Any use of your site after updating the privacy policy will be considered approval and consent to change the privacy policy.

All that is stated in this privacy policy is subject to the Protection of Privacy Law, 5741-1981 (hereinafter: "the Protection of Privacy Law") and the provisions of any law that cannot be conditioned on.

The Privacy Policy constitutes a notice under section 11 of the Privacy Protection Act. It is clarified that the provision of the information by the users depends on the will and consent of the users and that there is no legal obligation to provide the information. If so, the provision of the information is a condition of using the site. If you do not agree to the privacy policy, please refrain from using the site.

2. Collection of information

IT collects information from users when they sign up for the site, log in to their account, make a purchase, and share information. The information collected includes your name, email address, ID number, phone number, and credit card information.

In addition, we automatically receive and store information from your computer and browser, including your IP address, software and hardware characteristics, and the page information you requested to view.

3. Use of information

Any information we collect from you may be used to:

  • Personalize your experience and respond to your personal needs

  • Provide customized marketing content

  • Improve our site

  • Improve your customer service and support needs

  • Contact you by email

  • Conduct a contest, promotion, or survey

4. Transfer of information to a third party

IT will not traffic, or in any way transmit to external bodies the personal identification of the users of the site. This condition does not include related companies, authorized third parties who assist us in the operation of our website or in the conduct of our business, as long as the above companies undertake to maintain the confidentiality of this information.

We believe that information sharing is necessary in order to investigate, prevent or act in connection with legal activities, suspected fraud, situations that include possible threats to each person's personal safety, breaches of our Terms of Use, or as required by law.

Non-personal information, however, may be provided to outside entities for marketing, advertising and other uses.

5. Information security

We implement a variety of security measures to keep your personal information safe. We use sophisticated encryption to protect sensitive information transmitted over the network. IT also protects your information offline. Only employees who need to perform a particular job (e.g., account management or customer service) are given access to personally identifiable information. The computers / servers used for storing personally identifiable information are stored in a secure environment.

6. Do we use cookies?

Yes. Our cookies improve access to our site and identify returning visitors. Furthermore, our cookies enhance the user experience by tracking and focusing on his / her interests. The use of cookies, however, is not in any way linked to any information on our site that allows for personal identification.

7. Removal from mailing lists

We use the email address you provided to send you information and updates regarding your donation, occasional company news, information on related products, etc. If at any point you prefer to remove yourself from the mailing list, in order not to receive emails in the future, we attach detailed instructions for removal from the mailing list at the bottom of each email.

8. Consent

By using our site, you agree to our privacy policy.

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