The lastminute foundation, with headquarters at Vicolo dei Calvi 2, Chiasso SWITZERLAND (hereinafter referred to as the Foundation) is a foundation under Swiss law that aims to support people working in the social field through the provision of innovative technological and IT tools designed to facilitate and promote their fundraising activity.
As part of its mission, the Foundation manages this crowdfunding website www.lastminuteheroes.org called “lastminute heroes” or “lmheroes” (hereinafter referred to as “HEROES” or “Platform” or “Website”) that enables the raising of funds in a simple and transparent manner, and free of charge for Donors, for specific projects from anyone who wishes to support them.
The Website offers the possibility of supporting several crowdfunding donation-based projects whose conditions may vary quite considerably:
- In general, given the free nature of donations, which are made for free in order to provide support and share the purpose and the projects promoted by the Beneficiary, no rewards of any kind are offered;
- it is possible, however, that in exchange for a donation, Beneficiaries or third parties may offer rewards of varying value, which can be forgone in all cases.
Donors must verify the exact proposals, whether there are rewards, the terms and conditions of the project and of the rewards on offer.
The Foundation does not engage in any intermediation with Donors, does not receive any percentage from Donors, and does not distribute anything. The use of the Website is completely free of charge and therefore it does not entail the provision of a service for Donors on the part of the Foundation.
Consequently, the Foundation is in no way liable for the projects presented on the Website, while still implementing numerous precautions to ensure correct usage of the Website by the Beneficiaries.
Making a donation engenders a contractual relationship solely between the Donor and the Beneficiary of the Project, which implies full and complete acceptance of the terms and conditions offered by the Beneficiary of the project, in the version that is in force at the time of the donation. These terms and conditions are those that the Foundation requires all Recipients to respect; however, additional contractual terms may be added, e.g. regarding the rewards, which are to be checked from time to time on the Project page.
When rewards are offered for a donation, they are an expression of gratitude, not a payment in kind, since the Website does not provide for the possibility of carrying out any type of trade.
The provision of rewards and their matching what was promised is the sole responsibility of those who have offered them, and not of the Foundation, which simply limits itself to prohibiting certain categories of rewards deemed as being potentially at odds with its principles or those of some communities of users, and with the law in general.
Likewise, the use of the money for the projects that are presented cannot be guaranteed by the Foundation, which nevertheless implements all possible measures to prevent the Website from being misused or used for fraudulent purposes.
The Foundation encourages users to adhere strictly to their commitments and it enables dialogue via the social sections, but it does not interfere in contractual relations or in the direct verification of the fulfilment of promises or of the truthfulness of statements.
Therefore, the Foundation does not make any refunds, and all Donors are encouraged to accurately assess the proposed project, choosing independently whether and how to support it, perhaps by seeking advice from experts.
In addition, all Donors are welcome to take part in the activities of the community, sharing ideas, insights and comments on each proposed project.
To support a project, simply follow the procedure for issuing a donation as proposed by the Website, which results in the entering into an agreement with the Beneficiary.
The act of payment for the issuing of a donation, which is reserved for those who are legally entitled to do so according to their national laws, implies full acceptance of these terms, a commitment to respecting them, and consent to the processing of personal data.
Donors must provide truthful personal identification data, undertaking not to provide false information, and not to act on behalf of others.
The Website must be used lawfully and in compliance with these rules and the national law applicable to individual donations.
Donors undertake not to violate the rights of the Foundation or of any of the other users of the Website, to respect them as persons, to respect their dignity, their freedom of expression and their intellectual property, also undertaking to use the Website solely for the purposes for which it was created.
Donors undertake not to infringe upon the intellectual property rights of the Foundation and of all the users of the Website, and shall authorise the Foundation to use the contents that are posted voluntarily.
Upon a donation, an Account will be created for each Donor, which is linked to a valid email address and password. Whilst not engaging in any editorial control, the Foundation reserves the right to suspend or cancel, without notice, any Account potentially used to violate laws, rules of conduct, or which is otherwise misused, even when these violations are merely suspected.
Where project pages or content anywhere on the Website contain hyperlinks to external sites, the Foundation is not liable for the content uploaded to such websites, including any viruses, self-installing programmes, spiders and the like.
In some cases, a donation to certain persons or entities may have tax consequences that allow Donors to take advantage of tax incentives in their respective countries.
In this regard, the Foundation helps Donors identify the offer of tax incentives by the Beneficiary, and provides specific tools to facilitate the distribution of the documents needed to apply for these tax benefits.
These documents facilitate and do not replace in full what is necessary in order to benefit from tax incentives.
However, the Foundation does not shoulder any responsibility in relation to the information on tax incentives, on procedures and documents and, in general, on what is stated, shown, or distributed on the Website by Beneficiaries or on their behalf.
The right to obtain any tax incentive must be exercised independently by Donors. The Foundation shall in no circumstances be involved in any dispute concerning the enjoyment or the lack of tax incentives of any kind and for any reason, this being a relationship that involves solely the Beneficiary and the Donor.
Some forms of payments require gathering information for the purposes of money laundering laws and of the laws in force in general. In such cases, the responsible entity for payment services is a payment institution that is duly authorised to operate by the supervisory authorities.
The Foundation may co-operate in the provision of the service, by collecting data and documents required by the regulations in force and by forwarding them to the payment institution, which is solely responsible for the provision of the service. For the terms and conditions of payment services, see the provisions of the managing entities in their respective pages.
By making a donation, the Donor represents and warrants that he or she has the right to donate on the basis of his or her national law and that of the Beneficiary, and that he or she is not violating international rules, currency export restrictions or embargoes.