Terms and conditions of donation and use of services

Nadační fond Nina (Endowment Fund Nina)

with its registered office at Amforová 1891/32, Stodůlky, 155 00 Prague 5,

ID No.: 21122369
File No.: N 2419 maintained by the Municipal Court in Prague
URL: https://nadace-nina.cz
Email: info@nadace-nina.cz
Data Box ID: njx552k

(hereinafter referred to as the “Terms”)

1. Introduction

This document constitutes an agreement between you and Nadační fond Nina (Endowment Fund Nina), with its registered office at Amforová 1891/32, Stodůlky, 155 00 Prague 5, ID No.: 21122369, File No.: N 2419, maintained by the Municipal Court in Prague (hereinafter referred to as “EFN” or the “Endowment Fund”), regarding the terms of provision of services through our system - the website at the domain nadace-nina.cz, including URL links and other profiles of the Endowment Fund on social networks (Facebook and Instagram) (hereinafter referred to as the “System” or the “Website”).

2. Definitions

„Donation“
znamená předmět Darování, tj. finanční prostředky nebo jinou věc či právo poskytnuté Dárcem Nadačnímu fondu v souladu s účelem NFN a právními předpisy.

„Donor“
shall mean a natural or legal person providing a Donation to the Endowment Fund in accordance with the purpose of EFN.

„Gifting/to Donate“
shall mean the Donor’s intent to gratuitously transfer the ownership of the financial resources, other assets or rights designated for the Endowment Fund for the purpose for which EFN was established.

„Civil Code“
shall mean Act No. 89/2012 Coll., as amended.

„Donee“
shall mean the Endowment Fund.

„Content“
shall mean any texts, photographs, videos, written comments, data, software, scripts, graphics or other information or possibly other content elements that the user or EFN uploads to the System platforms.

„Personal Data“
shall mean any information about a natural person by means of which they can be directly or indirectly identified (see the “Personal Data Processing Principles,” which constitute a separate document available on the Website).

„Confirmation of Donation“
shall mean a confirmation of the provision of the Donation to the Endowment Fund by the Donor in accordance with the purpose of EFN and applicable legal regulations.sy,

„Service“
shall mean the provision of free use of the System and enabling the provision of Donations to EFN in accordance with its purpose and the receipt of Confirmation, all in electronic form on the internet.

„Agreement“
shall mean the donation agreement (Deed of Gift) concluded under the Civil Code between the Donor and the Donee.

„Registered User“
shall mean a User who has a User Account created by activation during the Donation process.

„User“
shall mean any visitor to the System, particularly the Website – a natural or legal person who uses the Endowment Fund’s Service, especially the Donor or the Donee.

„User Submission“
shall mean adding, creating, uploading, presenting, distributing, collecting or publishing Content on the System platforms.

„User Account“
shall mean the record of the Registered User’s Personal Data via the System in connection with Donations.

3. Basic Provisions and Declarations

3.1. The Endowment Fund carries out activities corresponding to the purpose for which it was established. This is primarily the fulfilment of a public-benefit purpose and of generally beneficial objectives in the field of humanitarian values and charitable assistance, scientific and educational activities, and the development of medicine, specifically:

a) supporting the development of knowledge, activities and actions serving the development of neuro-oncology (primarily the fields of oncology, neurology, neurosurgery, neuroradiology and associated fields including research centres) and especially the treatment of brain gliomas in the Czech Republic and globally;
b) developing and improving diagnostic and therapeutic methods in neuro-oncology, especially the treatment of brain gliomas;
c) supporting the implementation of advanced medical methods in neuro-oncology;
d) supporting the training and education of specialists in neuro-oncology, especially through the organisation and support of participation in scientific seminars, symposia, courses, training sessions, congresses and scientific internships;
e) supporting the development and modernisation of specialist workplaces dedicated to neuro-oncology in the Czech Republic;
f) supporting publishing and research activities in neuro-oncology, especially regarding brain tumours;
g) providing contributions for the acquisition, expansion and improvement of medical equipment, instruments, fittings and consumable medical supplies in neuro-oncology;
h) providing contributions for the treatment of oncology patients in the Czech Republic and abroad, particularly children, including associated costs, especially for accommodation, catering, travel expenses, etc.;
i) supporting the families of oncology patients, particularly children, especially providing contributions to cover the costs of treatment and costs associated with treatment in the Czech Republic and abroad, including related expenses and expenditures of the oncology patients' families, e.g. for accommodation outside the place of residence, travel costs and compensation for lost earnings for family members caring for a family member with an oncological disease;
j) supporting end-of-life care in the home environment and supporting comprehensive palliative care for oncology patients.

3.2. These Terms govern and apply to Donations and the provision of the free Service to the User by the Endowment Fund.

3.3. The Endowment Fund hereby provides the Service to the User, particularly the Donor, in accordance with these Terms and the User accepts the Service in accordance with these Terms. By providing a Donation to the Endowment Fund, the Donor expresses consent to these Terms. Should a separate written Deed of Gift or other written agreement be concluded between the Endowment Fund and the Donor or the User, the provisions of such an agreement or contract shall take precedence over the Terms.

3.4. The provision of the Service, i.e. its content, shall mean, in accordance with these Terms, particularly:

a) the User’s right to use the Service,
b) the Registered User’s right to have and utilise a User Account,
c) the User’s right to Donate.

3.5. The Endowment Fund declares that the Service is not intended for persons under 18 years of age.

3.6. The User hereby declares and undertakes that:

a) they are fully capable of legal acts,
b) all data they provide about themselves are true, complete, accurate and correct,
c) they will not use the Service in conflict with the valid legal regulations of the Czech Republic,
d) they will use the Service solely for the purpose for which it is intended, especially for the Act of Donation,
e) they have thoroughly familiarised themselves with these Terms and the Personal Data Protection Principles before commencing use of the Service, unconditionally agree with them and will not use the Service in conflict with the valid Terms.

4. Provision of Donation and User Account

4.1. The Donor is entitled to provide Donations to the Endowment Fund in accordance with these Terms to fulfil EFN's purpose. Donations in the form of financial funds may be provided to the Endowment Fund either as a one-off Donation or on a regular basis, either by bank transfer to the Endowment Fund’s transparent account or through the Comgate payment system. The link for providing a monetary Donation, “Donate now,” can be found on the Website in the main navigation.

4.2. For one-off monetary Donations to the Endowment Fund

One-off Donations in any amount you choose may be provided:

by bank transfer to the Endowment Fund’s transparent bank account No. 2802771017 / 2010, held at Fio bank, a.s. If the Donor is a legal entity or a natural person carrying out business activities, the Donor’s identification number may be entered as the variable symbol for the payment. If the Donor is a natural person, their date of birth in the DDMMYYYY format may be entered as the variable symbol for the payment. “Donation” may be entered as the message for the recipient, possibly supplemented information identifying the person or the specific purpose for which the Donation is provided.
You may also make the payment via QR code for the bank transfer, which will be generated after entering the data into the Web payment form and which you will then scan using your bank application.
By payment card through the Comgate payment gateway located on the Endowment Fund’s Website, including the use of ApplePay or GPay services.

4.3. For regular monetary Donations to the Endowment Fund

Regular Donations in any amount you choose may be provided:

By bank transfer based on your standing order set up with the Donor’s bank to the Endowment Fund’s transparent bank account No. 2802771017 / 2010, held at Fio bank, a.s. If the Donor is a legal entity or a natural person carrying out business activities, the Donor’s identification number may be entered as the variable symbol for the payment. If the Donor is a natural person, their date of birth in the DDMMYYYY format may be entered as the variable symbol for the payment. “Donation” may be entered as the message for the recipient, possibly supplemented by information identifying the person or the specific purpose for which the Donation is provided.
By payment card through the Comgate payment gateway, to which you will be redirected after completing the Web form for card payment and setting up a recurring payment, which consists of the automatic recurring debiting of funds from the bank account via the payment card. Subsequent payments will occur automatically in accordance with the frequency and amount settings.

The setup of a recurring payment can be changed (frequency, amount) or cancelled entirely at any time.

Seven (7) days prior to each subsequent recurring payment, you will be notified of this fact by us via email to ensure that the payment is indeed intended to be made. If you do not cancel the recurring payment, the funds will be debited from the payment card according to your settings in favour of the Endowment Fund. If the payment cannot be processed, either due to insufficient account balance or expiration of the payment card validity, we will send you an email notification of this fact. If the payment fails only due to an insufficient balance in your account, you will be able to increase the balance within an additional period of fourteen (14) days and after the lapse of this period, a final attempt at the regular payment will occur. If the payment cannot be processed even after the lapse of the additional period, the recurring payment setting will be cancelled. In the event of your payment card expiring, it is necessary to create a new recurring payment to continue regular payments. Creating a new recurring payment will result in the cancellation of the previously set recurring payment.

4.4. In the case of both a one-off and a recurring payment, the completion and submission of all required data in the Web form will result in the automatic creation of a User Account for the Donor, as the Registered User and the assignment of a unique variable symbol for payment identification. You can log in to your User Account on the “Account Login” page (found in the main navigation of the Website) using the email address you entered into the Web form when submitting the payment. A temporary unique login code will be generated and sent to the provided email address. It is necessary to log out after completing any activity in the User Account.

4.5. The Registered User hereby undertakes to provide correct and truthful personal data about themselves in the Web payment form and in their established User Account. The Registered User is obliged to update this data according to the current status. The Registered User also has the right to change and supplement the data during the use of the Service.

4.6. The Registered User is obliged to immediately notify the Endowment Fund of any misuse or attempted misuse of their access data and is simultaneously obligated to provide the necessary cooperation to prevent the misuse of Personal Data.

4.7. Unless the Donor and the Endowment Fund agree otherwise, the conclusion of the Agreement under these Terms between the Donor and the Endowment Fund, the subject of which is the provision of the Donation, occurs at the moment of the Endowment Fund's receipt of the Donor's payment. This does not affect the possibility of concluding an individual written Deed of Gift between the Donor and the Endowment Fund.

4.8. Costs incurred by the Donor in connection with providing the Donation or registration, e.g. costs for internet connection, bank fees, etc., shall be borne by the Donor.

5. Confirmation of Donation

Should you be interested in the issuance of a Confirmation of Donation by the Endowment Fund for tax purposes, simply check the box “I want a confirmation of donation issued” in the Web form when providing the Donation, select your Donor category and fill in the required details. After providing the Donation, a “Download the Confirmation of Donation” button will appear on the Website, allowing you to download your confirmation. Another option is to generate the confirmation of donation in your User Account, where you can download the confirmation for each of your donations in the “Donation Overview” section of the User Account. The Endowment Fund will generate such confirmation for you without undue delay based on the duly provided information.

A Donor who is a natural person (non-entrepreneur, i.e. e.g. an employee) provides the Endowment Fund with the following information:

First name and surname
Email address
Date of birth
Address of permanent residence
Amount of Donation and currency (CZK)

A Donor who is a legal person or a natural person carrying out business activities (Sole Proprietor) provides the Endowment Fund with the following information:

Company name (name of the business person)
Email address
ID No. (IČO)
Tax ID No. (DIČ)
Registered office address
Amount of Donation and currency (CZK)

JHow does the deduction of a Donation from the tax base work according to the Income Tax Act?

a) Natural Persons

Natural persons (including employees) may deduct the value of gratuitous performance (donations) to selected entities from the tax base if their total value in the taxable period (calendar year) exceeds 2% of the tax base or amounts to at least CZK 1,000, up to a maximum of 15% of the tax base.
Self-employed persons (Sole Proprietors) and those who file their tax return themselves apply the donation deduction directly in their tax return. Employees whose tax returns are processed by their employer submit the confirmation of donation to their payroll accountant once a year, no later than mid-February, covering the entire preceding year. The reduction of the tax base is subsequently reflected in the tax settlement in the amount of the March salary.

b) Legal Persons

Legal persons may deduct the value of gratuitous performance from the tax base up to a maximum of 10% of the already reduced tax base, provided that the value of the gratuitous performance is at least CZK 2,000.

Tax Advantage for Donors

The Confirmation of Donation enables donors, natural persons (including employees) and legal persons, to deduct the value of the donation from the tax base.

Should you be interested in the preparation of an individual donation contract for tax purposes, please contact us, preferably electronically at info@nadace-nina.cz.

6. Use of Donation

The Endowment Fund is obliged to use the Donation in accordance with legal regulations, its founding document, statutes and the decision of the Endowment Fund’s Board of Trustees. If a Donation is received for a specific purpose, the Endowment Fund is obliged to use the provided Donation exclusively for that purpose.

The Endowment Fund's Board of Trustees is authorised to decide on the refusal of the Donation within 30 days from the date of receipt, even without stating a reason, especially in the event that the Donor is a legal entity with an opaque ownership structure. In such a case, the Endowment Fund is authorised to withdraw from the concluded Agreement, with ex tunc effect (i.e. retroactive effect); the withdrawal shall occur either upon its delivery to the Donor or on the day of its publication on the Website. In such a case, the Endowment Fund is obliged to return the provided Donation without undue delay following the date of withdrawal to the bank account from which the financial resources were remitted. The Donor is not entitled to interest accrued during the period from the provision of the Donation until its return.

7. Personal Data Protection

The protection of Personal Data by the Endowment Fund is described in the Personal Data Processing Principles, which constitute a separate document accessible on the Website and form an integral part of these Terms.

8. Intellectual Property and Rights and Obligations of Users

8.1. The Endowment Fund exercises all proprietary rights related to the Website. The Content of the System may not be stored, modified, disseminated, duplicated, published, uploaded, distributed or translated, nor may any other proprietary rights be exercised over it, unless the Endowment Fund has granted consent to such action.

8.2. All depictions and information relating to the Website, all page headers, custom graphics, button icons and scripts, are subject to intellectual property rights, particularly copyright, trademarks and/or promotional materials of the Endowment Fund. These must not be copied, imitated or used by the User and/or third parties without the prior written consent of the Endowment Fund. All rights related to the Website and the provided Services, technologies and content are the exclusive property of the Endowment Fund.

8.3. By using the Website and/or Services, the User agrees that the Services contain content specifically provided by the Endowment Fund or its partners and that this content is the exclusive property of the Endowment Fund or its partners and is protected by copyright, trademarks, service marks, patents, trade secrets or other legally protected rights and applicable legal regulations.

8.4. The content of the Website may include, in particular, video and/or audio recordings, written comments, information, data, text, photographs, software, scripts, graphics and interactive features that are created, provided or otherwise made available by the Endowment Fund. The User undertakes to comply with all notices, information and restrictions concerning copyright contained in any content accessible through the Website.

8.5. All copyrights, trademarks, industrial design rights, database rights and other intellectual property rights (whether registered or not) to the protected subject matter constituting the Website or located on the Website belong to the Endowment Fund, relevant Users or third parties. Unless expressly stated otherwise, no express or implied license, consent or right is granted to any User in connection with the Services and/or the Website, including any right to acquire and/or hold any copyright, trademark, industrial design right, database right or other intellectual property right (whether registered or not).

8.6. The User must not (directly or indirectly):

a) sell, license, lend, rent or otherwise use or exploit any content of the Website without the consent of the Endowment Fund and/or in a manner that would violate the rights of any third party;
b) decrypt, decompile, modify, reverse engineer or otherwise attempt to obtain any source code or underlying ideas or algorithms of any part of the Website;
c) modify, translate or otherwise create derivative works from any part of the Website;
d) assign, lend, rent, distribute or otherwise transfer any rights acquired under these Rules.

8.7. Provided that the User breaches the obligations set out in this Article, the User shall indemnify the Endowment Fund for all proprietary and non-proprietary damages incurred as a result of such breach.

8.8. The Website may allow Users to connect to other websites or resources on the internet that are not under the control of the Endowment Fund, and these other websites or resources may contain links to the Website. If the User enters third-party websites, they do so at their own risk. By using the Website and Services, the User confirms and agrees that the Endowment Fund is not responsible for the goods, services, content, features, accuracy, legality, suitability or any other aspect of third-party websites or resources. The inclusion of any such link does not imply approval of or affiliation by the Endowment Fund with any such third-party resources. Furthermore, the User hereby confirms and agrees that the Endowment Fund is not responsible, directly or indirectly, for any damage or loss resulting from or connected with the User's use of any such third-party resources.

8.9. The User undertakes not to use the Services or the Website, or the System, contrary to its purpose or these Rules.

8.10. The User undertakes, when using the Services and the Website, or the System, to comply with valid legal regulations and respect the rights of the Endowment Fund and third parties, especially when dealing with copyrighted works and other subjects of intellectual property rights. The User hereby undertakes that they will not, in particular:

a) use the Website or the System, contrary to these Rules;

b) use any part of the Website or System in a manner capable of causing harm to the Endowment Fund and/or any other person;

c) abuse, block, modify or otherwise alter any component of the Website or the System, or attempt to disrupt its stability, operation or data;

d) use mechanisms, software or other procedures that could negatively affect the operation of the Website or other Users, especially if they could cause harm to the Endowment Fund or third parties;

e) upload, load, publish, submit or otherwise distribute or enable the distribution of any content, especially any User Submissions that:

are incorrect, misleading, untrue or inaccurate;
are illegal, threatening, harassing, defamatory, deceptive, fraudulent, invasive of others' privacy, unlawful, obscene, offensive or vulgar;
violate any patent, trademark, trade secret, copyright, right of publicity or other right of any other natural or legal person, or violates any generally binding legal regulation or contractual obligation;
constitute unsolicited or unauthorised advertising or promotional material, including any commercial email (junk mail), spam or chain letter;
contain software viruses or any other computer code, files or programs whose purpose is to disrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, or damage or gain unauthorised access to any system, data, password or other information of the Endowment Fund or any third party;

f) take any measure that constitutes or may constitute (in the sole discretion of the Endowment Fund) an unreasonable or disproportionately large burden on the Endowment Fund’s infrastructure;

g) interfere or attempt to interfere with the proper functioning of the Website or the System or any activities performed within the scope of the Services;

h) circumvent any measures that the Endowment Fund may use to prevent or restrict access to the Website or the System (or other accounts, computer systems or networks connected to the Website);

i) use any software, device or other procedure that could disrupt the proper functioning of the Website or the System.

9. Force Majeure

The parties shall not be liable for any breach of obligations under these Rules caused by Force Majeure, unless these Rules stipulate otherwise. Force Majeure means any obstacle arising independently of the will of the obligated contracting party and preventing it from fulfilling its obligations, if it cannot reasonably be expected that the obligated contracting party would avert or overcome this obstacle or its consequences, or that it would have foreseen this obstacle at the time the obligation arose. An obstacle that arose only when the obligated contracting party was in default with the fulfilment of its obligations or arose from its economic circumstances does not exclude liability. The effects excluding liability are limited only to the time during which the obstacle with which these effects are associated persists.

10. Conclusion

10.1. By using the Services, the User understands that all communications related to the Services will be sent primarily by email. The Endowment Fund may also provide electronic notices by publishing them on the Website or System.

10.2. Neither contracting party is a weaker party in relation to the other contracting party; they fully understand the content of these Rules and fully agree to all risks, including the risk of changes in circumstances, price levels, exchange rates and interest rates; they accept the obligations agreed upon in these Rules, do not consider the mutual rights and obligations to be unreasonably unbalanced and assume the risk of change in circumstances.

10.3. In the event of the invalidity, ineffectiveness or nullity of individual provisions of these Rules, the contracting parties shall take all necessary steps to replace such an invalid, ineffective or void provision with another provision that shall be valid, effective and enforceable and shall correspond to the purpose of the replaced provision and the entire contractual relationship under these Rules.

10.4. Matters not specifically regulated in these Rules shall be governed by generally binding legal regulations. The contractual relationship under these Rules is governed by and shall be interpreted in accordance with the applicable law of the Czech Republic, in particular the Civil Code and the Act on Public Collections. The contracting parties have agreed that trade customs do not take precedence over any statutory provisions, including those that do not have mandatory effects.

10.5. The contracting parties undertake to resolve all disputes that may arise between them in connection with the implementation or interpretation of these Rules by negotiation aiming for mutual agreement.

10.6. These Rules may be unilaterally amended or revoked in writing by the Endowment Fund. Users will be informed about any such changes via the Website - https://nadace-nina.cz.

10.7. The contractual relationships under these Rules become valid and effective on the day of their conclusion, unless these Rules stipulate otherwise. The contractual relationship is concluded via the internet, by the User's registration upon sending a Donation to the Endowment Fund.

In the event of any questions concerning our principles of processing personal data, please contact us (preferably by email):

Nadační fond Nina (Endowment Fund Nina)