These special conditions of service (the "Special Conditions") have been prepared by SiamoSoci S.r.l. ("SiamoSoci"), with registered office in Milan, via Timavo n. 34, VAT No. 07464370969, in order to regulate the way in which the service is provided that allows users to make one or more cash donations in favor of a project with a social or cultural purpose promoted by a person or an entity through the Portal (the "Service Donation”).
- Unless otherwise defined in these Special Conditions, capitalized terms shall have the same meaning as in the General Conditions.
- For the purposes of these Special Conditions:
- "Bank" means the bank where the Account is held;
- "Campaign" means the fundraising campaign initiated by the Promoter on the Donation Section of the Portal in order to finance its Project;
- "Account" means the current account exclusively dedicated to the Campaign, opened at the Bank and registered in the name of SiamoSoci, which receives the Donations by virtue of a specific mandate for collection given by the Promoter;
- "Donor" means the individual or entity registered on the Portal offered by SiamoSoci, governed by the General Terms and Conditions, which intends to make a donation using the Donation Service;
- "Donation" means a donation of modest value made by the Donor, in response to a Campaign, in order to support the Project promoted by the Promoter;
- "MinimumCollection Objective" means the minimum amount of Donations, if any, which the Project must achieve by the end of the Campaign in order for the latter to be considered completed; the Minimum Collection Objective for each Campaign will be made available from time to time on the Portal, within the profile dedicated to the individual Campaign;
- "Parties" means jointly the Donor and SiamoSoci;
- "Project" means the project with a social or cultural purpose promoted by the Promoter for which the Campaign is carried out;
- "Promoter" means the individual or entity, regardless of its legal status, which launches a Campaign in order to raise funds for its Project;
- "Proposed Donation" means the manifestation of the will of the Donor to donate a given amount to the Promoter, communicated to SiamoSoci by the Donor through the completion of a form on the Portal;
- "Section Donation" means the section of the Portal dedicated to the provision of the Donation Service, different and distinct from the section exclusively dedicated to the Crowdfunding Service;
- Terms defined in the singular have the same meaning in the plural and vice versa.
2. Scope of applicability of the Special Conditions
- The Special Conditions govern the provision of the Donation Service and supplement the General Conditions for the use of the Crowdfunding Service. The Service is therefore subject to both these Special Terms and Conditions and the General Terms and Conditions of SiamoSoci available on https://mamacrowd.com/_/termini.
- In case of conflict between the General Terms and Conditions and these Special Terms and Conditions, the latter shall prevail.
3. Conclusion of contract
- By submitting the Donation Proposal form, the Donor declares that he has read and fully accepts the content of the General and Special Terms and Conditions governing the Donation Service. With the remittance of money received in the Account opened at the Bank, the Donor concludes with the Promoter an independent contract of modal donation, subject to the discipline of the Civil Code, under which the Promoter assumes the obligation to use the sums received as a donation in the service of achieving the purpose of the Project. It is understood that SiamoSoci is extraneous to the relationship between the Promoter and the Donor having as object the provision of the Donation, being its contribution limited to the provision of the Donation Service.
- The Donation Proposal does not oblige the Donor to make the Donation nor to make a Donation of an amount equal to that promised. Therefore, in the event of a discrepancy between the amount promised and the amount actually donated, the latter shall prevail and the Donation Contract shall be considered executed for such lower or higher amount.
4. Description of the Service Donation and how to make a donation
- The Service allows the Donor to make one or more Donations of modest value through the Portal in favour of the Promoter so that the latter may use the amounts received to carry out the Project. Through the Donation Service, which is offered by SiamoSoci free of charge, SiamoSoci collects the amounts paid by the Donor under a mandate to collect given by the Promoter. SiamoSoci will remit the amounts donated to the Promoter at the end of the Campaign net of bank charges and/or credit card used for payment.
- The Donor acknowledges that the Donation shall be considered of low value if the amount does not affect his economic conditions. By making the payment, therefore, the Donor warrants that the amount actually donated does not affect his economic conditions and agrees to indemnify and hold harmless SiamoSoci and/or the Promoter from any action, damage, obligation to pay compensation and / or penalty arising from and / or in any way related to the non-modesty of the Donation.
- In order to make a donation, the Donor shall firstly access the Donation Section of the Portal and select, among the active Campaigns, the one in which he/she wishes to participate. The Donor will then be asked to fill in and submit the Donation Proposal form, also indicating the amount he/she intends to donate, without prejudice to the provisions of article 3.2 above. The Donor may make the Donation Proposal within the date set for the end of the Campaign indicated on the Portal (the "Campaign End Date"). In order to complete the Donation in favour of the Promoter, the Donor must make the payment within 3 days from the Donation Proposal, by means of a bank transfer to the Account or other payment method that may be made available on the Portal. After this period, in order to make the Donation, the Donor must make a new Donation Proposal.
- At the end of the Campaign, the Donor will have the right to be named among the supporters of the Project by the Promoter and/or Siamosoci in a special thank you page or through other methods defined from time to time by the Promoter. The Donor can request to remain anonymous and not to be included among the supporters of the Project by checking a special box when sending the Donation Proposal form.
- The completion of the Campaign is subject to the achievement of the Minimum Collection Target by the Campaign End Date, if any. Should the Campaign not be completed for any reason whatsoever, including failure to reach the Minimum Collection Objective by the Campaign End Date, if any, the sums donated will be refunded to the Donor, by bank transfer or by any other method of payment used by the latter to make the Donation, within 14 days of the Campaign End Date.
5. Limitations of liability
- SiamoSoci is responsible to the Donor only for the provision of the Donation Service and makes no warranty as to the use by the Promoter of the sums donated by the Donor. For any request, question or dispute relating to a use of the donated sums not in line with the Project, the Donor shall refer exclusively to the Promoter.
- During the course of the relationship, SiamoSoci reserves the right to carry out maintenance work at any time to correct and/or improve the Portal, the Donation Section and/or the provision of the Donation Service, trying to minimize as much as possible the interruption.
- SiamoSoci shall never be liable for the unavailability of the Donation Service or for the interruption or suspension of the Campaign due to defects or malfunctions due to unforeseeable circumstances or force majeure, including power outages or internet, as well as the action of the Donor or the Promoter or other third parties that do not operate under the control of SiamoSoci. Without prejudice to the foregoing, the Donor acknowledges and agrees that, for any inefficiency or malfunction that may affect the experience in the use of the Donation Service, the liability of SiamoSoci shall be limited only to cases of fraud or gross negligence.
6. Modification of the Special Terms and Conditions
- SiamoSoci may change these Special Terms at any time and at each Donation Proposal the Donor shall be asked to approve the latest version of the Special Terms. It is the responsibility of the Donor to verify any changes at the time of the Donation Proposal.
7. Treatment of personal data
- SiamoSoci, as data controller, will process personal data provided by the User for purposes related to the execution of these Special Conditions and the related General Conditions. In order to provide the Donation Service, SiamoSoci shall disclose the personal data of the Donor to the Promoter, who shall treat them as independent owner of the treatment on the basis of its own information.
- By accepting these Special Conditions, the Donor declares to have read the information on the processing of personal data of SiamoSoci, available at the following address: https://mamacrowd.com/privacy, as well as the information on the processing of personal data by the Promoter, which will be made available from time to time on the profile of the Campaign.
8. Applicable law and competent court
- These Special Conditions shall be governed in all respects by Italian law.
- For any dispute arising from the conclusion, execution, breach or termination of the agreement subject to the Special Conditions, please refer to the provisions of the General Conditions.