SiGMA Foundation Donation Terms of Use

1. Introduction

These Foundation Donation Terms of Use (“Terms”) govern all donations made through the SiGMA Foundation website (the “Website”).

By making a donation through the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you should not proceed with making a donation.

These Terms should be read together with the Website Terms and Conditions and the Privacy Policy, all of which continue to apply to your use of the Website. In the event of any inconsistency between these Terms and the Website Terms and Conditions in relation to donations made through the Website, these Terms shall prevail.

2. About the Foundation

These Terms apply to donations made to the SiGMA Foundation (the “Foundation”), a foundation established under the laws of Malta and registered with the Commissioner for Voluntary Organisations.

3. Eligibility to Donate

Donations may only be made by individuals or legal entities having the legal capacity to enter into binding agreements under the applicable laws.

By making a donation, you represent and warrant that:

(a) you are legally authorised to make the donation;

(b) you are authorised to use the payment method provided;

(d) the funds donated originate from lawful sources.

The Foundation reserves the right to decline any donation where it reasonably believes that these requirements have not been satisfied.

4. Donations

4.1 Nature of Donations

A donation made through the Website constitutes a voluntary, unconditional and irrevocable charitable gift to the Foundation in support of its charitable purposes, projects and activities.

Unless expressly stated otherwise in connection with a specific fundraising initiative, a donation does not constitute payment for goods or services and does not create any contractual entitlement to receive any goods, services, benefits, ownership rights, financial return or other consideration from the Foundation.

By making a donation, the donor acknowledges that the donation is made freely and without expectation of personal benefit, save for any acknowledgement or receipt that may be issued by the Foundation.

4.2 Application of Donations

Donations received through the Website shall be applied towards the Foundation’s charitable projects, programmes and initiatives as presented on the Website.

Where a donation is made in support of a specific project, campaign or initiative, the Foundation will use reasonable endeavours to apply the donation towards that purpose.

However, the donor acknowledges and agrees that the Foundation retains sole responsibility for the implementation and management of its charitable activities. Accordingly, where a project or campaign has been completed, suspended, cancelled, overfunded, becomes impracticable or impossible to continue, or where operational, humanitarian, legal, financial or security considerations require a change in approach, the Foundation may apply the donation towards another project or charitable initiative that, in its reasonable opinion, most closely reflects the donor’s intended purpose and advances the Foundation’s charitable objectives.

The Foundation also reserves the right, acting reasonably and in good faith, to amend the scope, location, delivery partners, implementation timetable or beneficiaries of any project where this is considered necessary to ensure the effective, efficient and sustainable delivery of its charitable mission.

4.3 Donation Acceptance

Following successful processing of a donation, the Foundation may issue an electronic acknowledgement confirming receipt of the donation. Any such acknowledgement is provided solely as confirmation that the transaction has been successfully processed and does not constitute acceptance of any conditions or restrictions sought to be imposed by the donor other than those expressly accepted by the Foundation.

The Foundation reserves the right, acting reasonably and in good faith, to refuse, decline, suspend, return or cancel any donation where it reasonably considers that:

(a) acceptance would be contrary to any applicable law, regulation or regulatory requirement;

(b) the donation may be connected with fraud, money laundering, terrorist financing, sanctions breaches or any other unlawful activity;

(c) acceptance of the donation may expose the Foundation or any of its officers, employees, volunteers or beneficiaries to legal, regulatory, financial or reputational risk;

(d) the donor has provided inaccurate, incomplete or misleading information;

(e) the Foundation is unable to verify the identity of the donor or the source of funds where such verification is considered necessary; or

(f) acceptance would otherwise be inconsistent with the Foundation’s charitable purposes, governance policies or ethical standards.

Nothing in these Terms shall oblige the Foundation to accept any donation.

4.4. Anonymous Donations

The Foundation respects the wishes of donors who choose to remain anonymous. Where a donor requests anonymity, the Foundation will use reasonable endeavours not to publicly identify the donor, subject always to any disclosure required by applicable law, regulatory obligations, court order or the legitimate interests of the Foundation.

The Foundation reserves the right to decline a request for anonymity where it reasonably considers that the identity of the donor must be established or disclosed in order to comply with applicable law, regulatory requirements or its internal governance policies.

4.5 Anti-Money Laundering and Sanctions

The Foundation is committed to complying with all applicable anti-money laundering, counter-terrorist financing, international sanctions and other applicable legal and regulatory requirements.

Accordingly, the Foundation reserves the right, where it reasonably considers it necessary, to undertake appropriate due diligence in relation to any donor or donation.

Without limitation, the Foundation may suspend, delay, refuse, decline, cancel or return any donation where:

(a) it reasonably believes that acceptance of the donation may expose the Foundation to legal, regulatory, financial or reputational risk;

(b) it is unable to satisfy itself as to the legitimacy of the donation or compliance with applicable legal or regulatory obligations; or

(c) acceptance of the donation would otherwise be inconsistent with the Foundation’s charitable purposes, internal governance policies or ethical standards.

The Foundation shall not be liable for any loss, delay or inconvenience arising from the exercise of its rights under this clause.

4.6. Payment Verification and Compliance

For governance, security and operational purposes, the Foundation reserves the right to require that a donation be made by bank transfer or by such other payment method as the Foundation may specify.

The Foundation may determine the appropriate payment method having regard to the nature, value or circumstances of the donation and any applicable legal, regulatory or internal governance requirements.

Where a donor fails or refuses to comply with the payment requirements specified by the Foundation within a reasonable period, the Foundation reserves the right to suspend, decline, cancel or return the relevant donation.

Nothing in this clause shall prejudice the Foundation’s rights under Clause 4.5.

5. Refund Policy

Donations made through the Website are voluntary, unconditional and irrevocable charitable donations to the Foundation. As a general rule, donations are final and non-refundable.

The making of a refund request shall not give rise to any right or entitlement to a refund.

Without prejudice to any mandatory rights available under applicable law, the Foundation may, acting reasonably and in good faith, consider a request for a refund only in exceptional circumstances, including where:

(a) a demonstrable administrative or technical error has resulted in an unintended or duplicate donation;

(b) the donor establishes that the donation was made as a direct result of unauthorised use of the donor’s payment method; or

(c) the Foundation determines, in its absolute discretion, that other exceptional circumstances exist which justify the granting of a refund.

Any request for a refund must be submitted in writing to the Foundation within seven (7) days of the donation being made and must be accompanied by all information and supporting documentation reasonably requested by the Foundation to assess the request.

The Foundation reserves the right to reject any refund request where the donor fails to provide sufficient information or where, in the Foundation’s reasonable opinion, the request is unsubstantiated or does not disclose exceptional circumstances.

The Foundation’s decision on any refund request shall be final, save where otherwise required by applicable law.

Where a refund is approved, it shall ordinarily be made using the original payment method and only to the person from whom the donation was received.

6. Tax

The Foundation does not provide tax, legal, accounting or financial advice.

Each donor is solely and exclusively responsible for determining whether any tax deduction, exemption, relief or other fiscal benefit is available in the jurisdiction in which they are resident or otherwise subject to taxation.

Donors are encouraged to seek independent professional advice regarding the tax consequences of making a donation.

The Foundation accepts no responsibility or liability whatsoever for the tax treatment of any donation.

7. Intellectual Property

Unless otherwise stated, all intellectual property rights in and to the Website and its contents, including without limitation the Foundation’s name, logos, trademarks, service marks, branding, publications, reports, articles, text, graphics, photographs, videos, campaign materials, downloadable documents, software, designs, databases and other content are owned by, or licensed to, the Foundation and are protected by applicable intellectual property laws.

Nothing contained in these Terms grants any licence or right to use any intellectual property belonging to the Foundation except as expressly permitted by applicable law.

Users may access and download material from the Website solely for personal, non-commercial and informational purposes, provided that all copyright and proprietary notices are retained.

Without the Foundation’s prior written consent, users shall not copy, reproduce, modify, publish, distribute, transmit, adapt, commercially exploit, create derivative works from, frame, mirror or otherwise use any part of the Website or its contents for commercial purposes or in any manner that infringes the Foundation’s intellectual property rights.

8. Third-Party Websites

The Website may contain links to third-party websites or resources provided solely for the convenience of users.

The Foundation does not control, endorse or assume responsibility for the content, availability, security, privacy practices or services offered by any third-party website.

Access to any third-party website is entirely at the user’s own risk.

9. Privacy

Any personal data collected in connection with a donation shall be processed in accordance with the Foundation’s Privacy Policy, which forms an integral part of these Terms and is incorporated herein by reference.

By making a donation, you acknowledge that you have read the Privacy Policy and understand how your personal data will be processed.

10. Disclaimer

The Foundation endeavours to ensure that the information published on the Website is accurate and up to date. However, all information is provided on an “as is” and “as available” basis and is intended for general informational purposes only.

While the Foundation acts in good faith in presenting information relating to its charitable activities, projects and fundraising initiatives, it does not warrant or represent that all information is complete, accurate, current or free from errors or omissions.

Descriptions of projects, anticipated outcomes, fundraising objectives, timelines, budgets and other information relating to charitable initiatives are indicative only and may be amended from time to time in response to operational, humanitarian, financial or other circumstances.

Photographs, videos and other visual material published on the Website are intended for illustrative purposes unless expressly stated otherwise.

To the fullest extent permitted by law, the Foundation expressly disclaims all warranties, representations and conditions, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or uninterrupted availability of the Website.

11. Limitation of Liability

To the fullest extent permitted under applicable law, the Foundation, its administrators, officers, employees, volunteers, agents and representatives shall not be liable for any direct, indirect, incidental, consequential, special or punitive loss or damage arising out of or in connection with:

(a) any donation made through the Website;

(b) reliance on information contained on the Website;

(d) any failure, delay or interruption affecting payment processing services operated by third parties;

(e) any technical malfunction, cyber incident, internet failure or telecommunications disruption beyond the Foundation’s reasonable control;

(f) the amendment, suspension, postponement or cancellation of any charitable project or fundraising initiative; or

(g) any loss of profits, revenue, goodwill, business opportunity, anticipated savings or data.

Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under the laws of Malta.

12. Indemnity

You agree to indemnify, defend and hold harmless the Foundation, its administrators, officers, employees, volunteers, agents and representatives from and against any and all claims, actions, proceedings, losses, damages, liabilities, penalties, fines, costs and expenses (including reasonable legal fees and professional costs) arising out of or in connection with:

(a) your breach of these Terms;

(b) any fraudulent, unlawful or negligent act or omission by you in connection with a donation;

(d) your breach of any applicable law or regulation; or

(e) any claim brought by a third party arising from your acts or omissions.

13. Suspension or Refusal of Donations

Without prejudice to any other rights available to it, the Foundation reserves the right to suspend, refuse, cancel or decline any donation or restrict access to the online donation facility where it reasonably considers such action necessary to protect the Foundation, its beneficiaries, donors, systems or reputation, or to comply with any applicable legal or regulatory obligation.

14. Severability

If any provision of these Terms is held by a court or other competent authority to be invalid, illegal or unenforceable, such provision shall, to the extent required, be deemed severed and the remaining provisions shall remain in full force and effect.

15. Waiver

No failure or delay by the Foundation in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right.

16. Entire Agreement

These Terms, together with the Website Terms and Conditions, the Privacy Policy and the Cookie Policy, constitute the entire agreement between the Foundation and the donor in relation to donations made through the Website and supersede any prior understandings relating to the same subject matter.

17. Amendments

The Foundation reserves the right to amend these Terms at any time. Any revised version shall become effective upon publication on the Website unless otherwise stated.

Any donation made after the publication of revised Terms shall be governed by the version of the Terms in force at the time the donation is made.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malta.

Any dispute, controversy or claim arising out of or in connection with these Terms or any donation made through the Website shall be subject to the exclusive jurisdiction of the Courts of Malta.

19. Contact Us

If you have any questions regarding these Terms or any donation made through the Website, please contact the Foundation at:

SiGMA Foundation

Email: [email protected]