These terms govern your use of the eSolidar platform, which is owned and operated by eSolidar Ltda
eSolidar Ltda values the privacy of its members and is committed to respect them and to ensure appropriate treatment, confidentiality, and protection of all the information provided by our users. Membership and use of the platform are provided to you on the condition that all users (including charities and nonprofits) accept these Terms and Conditions, without any reservation.
These Terms and Conditions define the terms and rules under which the eSolidar platform can be used.
The Site and Services are intended solely for users aged 18 years old and older. Any access or use of the Sites or Services by anyone under 18 years of age is strictly forbidden. By accessing or using the Sites or Services you represent and warrant that you are 18 years of age or older.
eSolidar’s Service Description
Through its eSolidar platform, eSolidar Ltda provides email registered or Facebook registered users with an online space that allows users to buy products (social commerce), make donations, participate in charity auctions, and Crowdfunding campaigns.
Charities and non-profit organizations, in general, can also register on the platform by filling in the free online form (available at www.esolidar.com/npo/register) and have access to the website features.
eSolidar Ltda reserves the discretionary right to approve charities registrations on the eSolidar platform upon verification of the submitted documents.
All users and charities can only have one registered account.
Registering on this platform is free for users, charities, and nonprofits, with the possibility of applying the fees provided in these Terms and Conditions for some actions/procedures identified herein.
To use eSolidar’s service in the best possible way, you must create an account. You can also have an account through third-party platforms (such as Facebook). You warrant that the information you provide to eSolidar Ltda when creating your account is true, complete and current.
Users that create their accounts through an email address must enter a Username and Password when creating an account. It will work as credentials and should be used every time the user wants to access his account.
eSolidar Ltda’s technicians work every day to ensure the platform is working efficiently. However, the platform may be subject to events or circumstances that are beyond eSolidar Ltda’s control and may affect the normal course of operations.
eSolidar Ltda does not guarantee the software operation is error-free, nor that any unpredictable events arising from the use of the Internet are eliminated in good time.
eSolidar Ltda does not guarantee the platform’s constant and uninterrupted availability and shall not be held liable for losses that may occur as a result of technical malfunctions or for any other reason beyond its control.
eSolidar Ltda reserves the right to temporarily suspend its operation, for any reason deemed appropriate, particularly due to technical reasons.
eSolidar Ltda reserves the right to suspend or terminate any registered account if it violates these terms and conditions.
Charities and non-profits can access this platform through a specific authentication process after they are validated and approved by eSolidar Ltda
Products and Content on eSolidar
Only charities, other non-profits, and companies/brands can sell their new or used products at eSolidar.
The advertiser is entirely responsible for the content uploaded and for fulfilling the requirements established in these Terms and Conditions, and applicable law.
eSolidar Ltda may cancel or delete, without prior notice, any ad deemed inappropriate by the procedures identified herein, without any right to compensation, regardless of the grounds for cancellation and/or removal.
eSolidar Ltda does not have access to the items/products offered for sale. eSolidar Ltda only engages in some buyer-seller transactions.
These transactions are carried out between buyers and eSolidar, who subsequently transfer their amount to the charity or non-profits. Such situations will have its own protocol, additional to these terms and conditions.
Only in very specific situations, will eSolidar Ltda be responsible for sending the products. Such situations will have its own protocol, additional to these terms and conditions.
eSolidar Ltda provides charities and non-profits with the possibility to propose charity auctions, subject to approval and scheduled in conjunction with what is established herein.
eSolidar Ltda reserves the unfettered right to use the information uploaded by users, notably, for marketing purposes.
Terms and Conditions of Responsibility
eSolidar Ltda shall, as far as reasonably possible, ensure the quality and integrity of the information provided by users on the eSolidar platform if the information provided is true, accurate and not misleading. eSolidar Ltda has further implemented appropriate technological and organisational measures to ascertain, to the extent feasible, the safety, accuracy, and completeness of the information available on the eSolidar platform. However, the responsibility for the ad content, legality, accuracy and quality of the product advertised pertains exclusively to the owner and cannot be attributed to eSolidar Ltda in this regard.
eSolidar Ltda is only responsible for retaining the values of the transactions and distributing it for the applicable entities and charities and is solely responsible for the delivery of products that are agreed upon with a declaration in addition to these Terms and Conditions.
To ensure safety, the transmission of data is encrypted in the eSolidar platform areas where personal data are collected/processed.
Information on the models, brands, property, qualities and other characteristics or features of the products uploaded to the eSolidar platform are provided exclusively by the advertisers.
In strict compliance with the law, such advertisers shall not include any article which is prohibited to be freely traded in the market and cannot sell it or promote, especially in case of firearms and ammunition, gunpowder or explosive materials, fireworks and derivatives; humans and their respective parts, debris or bodies; wildlife, including organs and skins; medications (including anabolic substances containing steroids), narcotics and fixtures and accessories for the production, modification, processing or consumption; copy, duplicate or backup software or audiovisual items, including memory cards or other storage devices; replicas and fakes and products that infringe on copyright laws, patents, trademarks, designs, industrial designs and trade secrets; products that infringe the law that protects prehistoric, prehistoric artistic, historic or archaeological interest, as well as libraries and collections of documents; affiliate commissions or rewards programs; personal databases or identification; hacking and cracking; false information, viruses or any other technologies that may harm other users; pornographic, erotic or other products which are unsuitable for minors, or other goods or services contrary to morals and good customs; products that threaten sovereign states or their symbols; products that promote or incite any form of violence, both for humans and for animals; offences, or any kind of discrimination based on issues of race, religion, gender, nationality and/or sexual orientation; other products or goods of which transaction is prevented by law. The same prohibition applies to any form of advertising.
eSolidar Ltda may remove any content that does not comply with applicable law or these Terms and Conditions.
eSolidar Ltda may also remove any content if deemed convenient, given the reality and/or circumstances on a case by case analysis, without it giving any right to compensation.
Users are responsible for ensuring the legality and legitimacy of the items/products made available and cannot exempt themselves from any sort of liability.
eSolidar Ltda assumes no liability for transactions on goods or services that do not comply with these restrictions.
In these Terms and Conditions, ‘Confidential Information’ refers to all technical or commercial information, that should reasonably be considered confidential, given its nature or similar kind, and should be treated at least with a reasonable degree of care.
Each party shall protect the Confidential Information of the other party against unauthorized disclosure, using the same degree of care required to preserve and safeguard its own Confidential Information of a similar nature.
We may disclose Confidential Information to our employees, affiliates, and consultants, provided that the recipient is obliged in writing to maintain the confidentiality of the Confidential Information received.
The obligations set forth in this clause do not apply to Confidential Information that: (i) is or has become publicly known, except for breach of this clause; (ii) was in the possession of the receiving party before disclosure by the other party; (iii) was received by the receiving party directly from an independent third party that has full right of disclosure; or (iv) has been requested to be disclosed by governmental authority, court of competent jurisdiction or provided by governmental authority, provided that the party subjected to such requirement discloses the request to the other party in writing.
Sales and Sharing
eSolidar Ltda neither verifies nor approves the items/products offered for sale by users. The sales are uploaded automatically online without interference from the system. Sales uploaded into the system must meet the following basic requirements: be placed in the appropriate category; address a tangible physical item/product that is not encumbered by third party rights; provide the title, description and images of the item/product and provide the seller contact details; be geographically referenced, with some precision, including street, city or region where the seller has its facilities and/or where the item/product is placed.
The seller is responsible for meeting these requirements. eSolidar Ltda can remove any trades or ads that do not meet these standards without notice or any right to compensation.
Ads containing words, references or unsuitable categories may be subject to unilateral action by eSolidar Ltda, including removal. However, the seller may challenge that measure in court and/or in any legal procedures.
All alcoholic beverages available for sale or auction on the eSolidar platform can only be purchased by users who are of legal age (according to their country of residence). The accuracy of the data provided is the sole responsibility of the user. eSolidar Ltda reserves the right to require identification documents to verify if the users are of legal age.
eSolidar Ltda provides one model for charities and nonprofits that put products up for sale at the eSolidar platform:
- eSolidar applies a 5% + VAT fee on the value of the sale. Here the user pays directly to the charity or non-profit account. At the time of purchase, the eSolidar fee is automatically paid by Paypal, when the buyer uses this method. If the purchase is made by bank transfer, eSolidar Ltda will issue an invoice every 6 months with the rates.
Users make donations.
Only charities and non-profits can receive spontaneous donations.
eSolidar applies a 5% + VAT fee to spontaneous donations received by charities and non-profits through PayPal. Here the amount is sent directly from the user's account to the charity or non-profit’s account.
Buyers and sellers are responsible for ensuring that purchases made through the eSolidar platform are completed with the goodwill of all parties.
For adequate protection and clarity, the buyer should obtain credible information about the seller before completing the purchase.
The relations between the transactional parties carried out through the eSolidar platform are subject to the applicable law.
Charities and non-profits
Charities and non-profits may contact eSolidar Ltda to set up charity shops, crowdfunding campaigns and request charity auctions on the eSolidar platform.
eSolidar Ltda has the right to request or obtain from the competent authorities all documentation deemed necessary to verify a charity or non-profit status, before confirming its registration on the platform.
All information and data made available to eSolidar Ltda will be treated as confidential and shall only be used within the scope of activities related to the platform. eSolidar Ltda has the right not to approve the registration of non-profit organisations.
Registered charities and non-profit accounts are subject to periodical review based on several criteria, notably the amounts raised, the number of sales available in the store, the number of auctions promoted and also the promotion and dissemination of the platform.
Charity auctions are available for charities/non-profits or causes but they must submit the information required by eSolidar Ltda
Only authenticated users can bid on auctions and at intervals established for each case by eSolidar Ltda. Participating implies full acceptance of the Terms and Conditions identified herein, as well as providing other information requested in the auction description or by eSolidar Ltda, at any time. Most items/products sold at the auctions are not verified by eSolidar Ltda, nor are its descriptions assessed.
eSolidar Ltda bears no liability regarding the state and description of the items/products sold. At the end of the auction, the winner will be notified of the payment amount, which must be made within forty-eight hours of the end of the auction. If the payment is not received on time, other bidders will be contacted, according to their bid value, in descending order. That amount will never be lower than the base value that was set. eSolidar Ltda has the right to file lawsuits against the auction winner if the amount is not paid during the period established. eSolidar Ltda applies a success fee for charity auctions. The fees vary depending on the situation:
Charity Auction: 10% Success fee (+ VAT)
Here ‘charity auction’ is an event in which the charity is responsible for collecting and sending the auction items, and eSolidar is in charge of setting up, collecting the amount of the final bid and managing the auction.
eSolidar Auction: 20% Success fee (+ VAT)
Here ‘eSolidar auction’ is an event in which eSolidar acquires the product on behalf of the charity and directly manages each stage of the auction process (collecting the item, setting up the auction on the platform, promoting, managing, collecting the bid amount and sending the item to the winner).
Cancellation of any charity auction does not exempt the charity from paying eSolidar Ltda the fee for the service (based on the value of the pre-defined bid).
If the charity auction is postponed for technical reasons, the auction must be set in a new date with no right to an additional fee for the service. If the charity wishes to proceed with a second auction and the amounts of the previous auction have not been paid in full to eSolidar Ltda, then eSolidar Ltda has the right not to approve a second auction.
eSolidar Ltda has the right, following previous practices, to exclude any user from the auction if deemed appropriate, namely if that user has not paid the winning bid in a previous auction.
All social causes must be approved by submitting documentation attesting the need to receive donations and stating a clear goal for the use of the proceeds.
All social causes shall have an associated celebrity sponsor – a public figure that publicly represents the cause.
eSolidar and the charity/cause raising the auction money have the right to take legal action against any act that jeopardizes the normal operation of the auction.
Crowdfunding campaigns are available for charities and non-profits or causes, upon request and submission of the information requested by eSolidar Ltda
Only eSolidar’s authenticated users can donate and should do so according to the minimum value stipulated per campaign by charities. By participating, you fully accept the Terms and Conditions described herein.
eSolidar Ltda applies a Processing Fee of 3% (+ VAT) + a Success Fee of 5% (+ VAT), and the amount is withheld by eSolidar and sent to the charity at the end of the campaign.
It is not mandatory to reach 100% of the goal in the crowdfunding campaign for the charity to receive the amount raised.
The amount raised with each crowdfunding campaign will be paid by MB Way, Paypal and Credit Card to eSolidar Ltda, who will later transfer it to the charity.
All crowdfunding campaigns must respect eSolidar Ltda’s copyrights, and intellectual property rights; all its content is the sole responsibility of the charity.
eSolidar Ltda has the right to not make available on the Website any campaigns that are racist, discriminatory, violent, or have offensive, obscene or defamatory language.
Any campaigns that offer content that violates any Industrial Property registration or right (e.g. patent, trademark), industrial secret, or any other type of registration or Intellectual Property right of any person, entity or institution shall not be admissible; eSolidar Ltda shall have the right to block any content or eliminate any campaigns whose contents violate the industrial and intellectual property rights of any third party or whose promoters provide false declarations or try to mislead the public in a deliberate and/or in a deceptive manner, without prior notice or any compensation.
If eSolidar Ltda determines that any content is violating the Terms and Conditions herein it can, at any time and without prior notice, change, suspend or discontinue any content, namely campaigns posted on the Website, with no obligation to compensate any third party and without prejudice to refund the amounts previously made available by the supporters of a campaign cancelled by eSolidar Ltda
All copyrights and other rights concerning the website content belong to or are licensed to eSolidar Ltda
The reproduction or representation of all or part of any company names, trademarks or other distinctive signs reproduced on the Website, protected by law – particularly those applicable to industrial property – is strictly forbidden and must be subject to prior written authorization by eSolidar Ltda or the owner of a trademark, distinctive sign or company name that is displayed on the Website.
eSolidar Ltda, as the owner and responsible entity for the management and maintenance of the Website, will always be a mere intermediary between the supporters and the promoters (charities and nonprofits), and will never guarantee that the campaigns made available on the Website are successful, nor have they any powers to represent the supporters or promoters. No liability may be attributed to eSolidar Ltda for any damages or losses caused regarding the relationships that may be established between supporters and promoters.
Charities and non-profits will be solely responsible for the execution of the campaigns they present.
Charities and nonprofits that have promoted a successful campaign and obtained funding must commit to fulfilling their obligations, namely, to keep campaign supporters up to date and deliver within the stipulated timeframe all promised rewards.
To learn more about the Terms and Conditions of crowdfunding campaigns for employees of companies that have acquired eSolidar for Business, please visit https://www.esolidar.com/user-terms
Anyone can contact eSolidar to suggest an auction for a social cause, provided the requirements are met. All causes must be subject to approval by eSolidar Ltda
eSolidar Ltda reserves the right to cancel or suspend any charity auction or crowdfunding campaign. eSolidar Ltda applies a process and a success fees of the same amount of those applied to the charities and nonprofits.
When a successful auction ends, the person that has suggested it for a cause must sign a binding document stating that the amounts received will be exclusively and fully used to benefit the social cause they have appointed to eSolidar Ltda
Suspension or Removal of Registered Accounts
Webankor, S.A. may limit, suspend or terminate eSolidar user accounts, prohibit access to the website and its content, services, and tools, as well as delete hosted content and take legal and technical action if it creates or potentiates issues or legal liabilities, including violations to intellectual property rights. Webankor, S.A. also has the right to terminate unverified or inactive accounts and to discontinue or modify links, services or tools without compensation for the users.
Intellectual Property Rights and Security
eSolidar Ltda shall make public that the materials, content and eSolidar platform software are protected by intellectual property rights.
The reproduction, modification, copy, use, distribution, marketing, download or any other form of use and handling of those materials and contents is not permitted without prior written authorization obtained from eSolidar Ltda or third right holders.
Any act or attempt to alter materials, content or software, upload information from unauthorised access or other action that may jeopardise the integrity, continuity or quality of eSolidar’s platform will be properly assessed to fully determine the liability of its actors.
Users must respect eSolidar’s platform software/applications copyright and not copy, duplicate, resell or otherwise trade these eSolidar Ltda copyrighted elements. Users must also assume liability for the indemnity provided for in case of violation of these rights.
Our IP, our websites and all intellectual property rights therein, including the vendor listings that are publicly available or licensed, our Services and/or our domain names, are owned by eSolidar Ltda.
Except to the extent expressly permitted under copyright law, users will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the software IP developed by eSolidar Ltda without its express written consent or of the applicable copyright owner.
User IP – Users must ensure that they own or have secured all necessary intellectual property rights concerning the content that they upload, transmit or otherwise make available.
Anti-Money Laundering and Terrorist Financing Act (Law No. 83/2017 of 18 August) and General Data Protection Regulation
All auctions held will comply with the rules outlined in the Anti-Money Laundering and Terrorist Financing Act (Law No. 83/2017, of 18 August).
Thus, eSolidar Ltda in compliance with the duty of identification and diligence, will not fail to request the identification of customers and their representatives in the manner provided for in Article 24 of that legislative decree.
The entities authorized to sell their new or used products on eSolidar will be identified through the following details (also to be collected and registered): i) name; ii) object; (iii) full address of the registered office and, where applicable, of the branch or permanent charity establishment, and when it has various locations, other addresses of the main places of business; iv) tax number or, if not available, equivalent number issued by a competent foreign entity; (v) identity of holders of equity interests and voting rights of 5% or more; vi) identity of members of the board of directors or equivalent body, as well as other relevant senior administrators with management powers; vii) country of incorporation; viii) Portuguese Classification of Economic Activities (CAE) code, institutional sector code or other similar code, if applicable.
eSolidar Ltda will also verify the documents that enable the representatives of those entities to act on their behalf.
To verify the ID of such entities, eSolidar Ltda will always require the presentation of the legal entity identification card, the Certificate of Commercial Registry or, if the registered office is in foreign territory, an equivalent document issued by an independent and credible source, attesting to the identification elements provided for in Article 24 (1) (b), (i) to (iv) of the legislative decree under consideration.
Proof of the above documents shall be provided by information systems platforms issued by public services or by any of the means of proof provided for in Article 25 (4) of the same Decree-Law (reproduction of original identification documents, in physical or electronic form; certified copy thereof; access to their electronic information of equivalent value, either through the use of devices that provide qualified certification as defined by regulation, or through the collection and verification of electronic data from competent authorities responsible for its management).
Where the means of proof used do not include some of the identifying elements provided for in Article 24, eSolidar Ltda shall collect them by other admissible additional means.
Whenever the supporting material raises doubts as to its content, suitability, authenticity, timeliness, accuracy or sufficiency, eSolidar Ltda will take the appropriate steps to fully prove those identifying elements.
In addition to the identification procedures provided for in Articles 24 and 25 of Law No. 83/2017, of 18 August, eSolidar Ltda shall adopt the supplementary procedures provided for in Article 27 of that law.
Pursuant to Article 29 of the Law, before establishing a business relationship or conducting an occasional transaction, eSolidar Ltda shall (i) take all necessary measures to assessing the status of beneficial owner, (ii) obtaining information on the identity of its costumers’ beneficial owners and (iii) taking reasonable steps to verify the identity of the beneficial owners.
In compliance with its duty to communicate, eSolidar Ltda, as an obliged entity, will immediately inform the Central Department of Investigation and Prosecution of the Central Department for Investigation and Penal Action (DCIAP) and the Financial Intelligence Unit whenever it is aware, suspects or has sufficient reason to suspect that certain funds or other property comes from criminal activity or is related to terrorist financing.
eSolidar Ltda will refrain from executing any transaction that it is aware, or suspects could be associated with funds or other assets arising from criminal activity or terrorist financing.
eSolidar Ltda will refuse to enter into business relationships, occasional transactions or other operations when it does not obtain (i) the identifying elements and documents provided to identify and verify the customer identity, its representative and the beneficial owner, as well as when (ii), through the mechanism provided for in article 27 of said law, it does not obtain the necessary information on the nature, object and purpose of the business relationship.
When requested, eSolidar Ltda will promptly collaborate with DCIAP and the Financial Intelligence Unit, as well as other judicial and police authorities, sectoral authorities and the Tax and Customs Authority.
eSolidar Ltda will make available all the information, documents and other elements necessary to fulfill the duties imposed by Law No. 83/2017 of 18 August, even if subject to a duty of secrecy, imposed by regulatory or contractual law.
eSolidar Ltda, as the managing entity for reward or collaborative financing platforms, will ensure the registering of the following information for each project: (i) full identification of beneficiaries and supporters; (ii) amounts of support granted by supporter and by the operation.
eSolidar Ltda, complying with Law No. 83/2017, of 18 August, has the right to process all personal data necessary to fulfill preventive duties provided for in that Law. In this case, processing data means any operation or a set of operations carried out on personal data or a set of personal data by automated or non-automated means that include collecting, registering, organizing, structuring, upkeeping, adapting or modifying, retrieving, consulting, using, disclosing by transmission, disseminating or any other form of provision, comparison or interconnection, limitation, deletion or destruction.
However, eSolidar Ltda sustains they will only process that personal data to prevent money laundering and terrorist financing and will not serve any other purposes (including commercial).
eSolidar Ltda is authorized to process the following personal data categories: a) identification and contact data, tax and professional data, as well as the holder's qualifications, including i) name; ii) object; (iii) registered office full address and, where applicable, of the branch or permanent establishment, as well as, where otherwise, any other address of the main place of business; iv) tax number, or if not available, equivalent number issued by a competent foreign entity; (v) the identity of capital shareholders and those with voting rights of 5% or more; vi) identity of the Board of Directors members or equivalent body, as well as other relevant senior administrators with management powers; vii) country of incorporation; viii) Portuguese Classification of Economic Activities (CAE) code, institutional sector code or other similar code, if applicable; (ix) eSolidar Ltda shall also verify the documents enabling the representatives of those entities to act on their behalf; x) elements characterizing the activities pursued; xi) information regarding political positions that they hold or have held; xii) information regarding family or affinity relationships, as well as relevant corporate, commercial, professional or social relationships; (b) financial and banking data, including those concerning (i) the credit and creditworthiness of their holders; (ii) income or other property related to the data holders; c) information about the purpose and nature of the business relationship; (d) information on the origin and destination of the funds or other assets moved in connection with a business relationship or from an occasional transaction; (e) information on the remaining features of all transactions carried out in the course of a business relationship or in the context of an occasional transaction; (f) information on suspected criminal offenses, administrative offences or other unlawful activities, including (i) information on reporting suspicious transactions by eSolidar Ltda itself, or other entities taking part; (ii) information on other participations reported to the competent authorities; (iii) information provided by the competent authorities; (g) information on decisions imposing penalties, security measures, fines, ancillary sanctions or other sanctions for acts envisaged at the preceding point.
eSolidar Ltda is also authorized to handle any necessary means to verify the data listed above, as well as other personal data to fulfill the preventive duties they are subject to. eSolidar Ltda shall retain, for a period of seven years after identifying the customer or upon expiration of business relationships, the following: a) copies, records or electronic data extracted from all documents that they obtain or were made available from their customers or any other persons under their identification and due diligence procedures; (b) clients and their accounts court documentation or files, including sent business correspondence; c) any documents, records and reviews, internal or external, that work in compliance with Law No. 83/2017, of 18 August.
Originals, copies, references or any other similarly durable medium admissible in a court of the supporting documents and operations records shall always be kept for seven years from their execution to be able to rebuild the transactions, even if the business relationship has ended.
eSolidar Ltda will take the necessary physical and logical security measures to ensure the proper protection of the information and personal data processed.
eSolidar Ltda will delete the data, under any circumstances, as soon as the above-mentioned storage periods have elapsed, without prejudice to other conservation obligations not arising from Law No. 83/2017, of 18 August, namely in terms of evidence for criminal investigations and inquiries or for pending judicial or administrative proceedings, except when it results in legal provisions.
The data subject has the right to obtain confirmation from eSolidar Ltda that his data are being processed and, has the right to access that data and be aware of the following information: (i) the purpose of the data processing; (ii) the categories of the personal data being processed; (iii) the recipients or categories of recipients to whom his data have been or will be disclosed, including recipients established in third countries or belonging to international organizations; (iv) if possible, the stipulated deadline for retention of personal data or, if not possible, the criteria used to set this period; v) the right to request eSolidar Ltda as the controller, to rectify, delete or limit the processing of personal data, or to oppose such processing; vi) the right to complain to a supervisory authority; vii) if the data have not been collected from the holder, the right to be informed of the origin of such data; (viii) the existence of automated decisions, including profiling, and in such cases, useful information concerning the underlying logic, significance and consequences of such processing for the data subject.
eSolidar Ltda, as the controller, will provide a copy of the personal data being processed. If the data subject requests other copies, it will be subject to a reasonable fee for processing costs.
If the data subject submits the request by electronic means, eSolidar Ltda will provide the information in a commonly used electronic format, unless requested otherwise.
The data subject is entitled, in a reasonable time, to have his inaccurate personal data revised, by eSolidar Ltda as well as to complete his data, including through an additional declaration.
The data subject has the right to require eSolidar Ltda to delete his data without undue delay and eSolidar Ltda shall delete personal data when (i) personal data is no longer necessary for the purpose that motivated its collection or treatment; (ii) the personal data has been unlawfully processed; (iii) personal data must be deleted in order to comply with a legal obligation under the European Union or the Portuguese law eSolidar Ltda is subject to.
The data subject is entitled to obtain from eSolidar Ltda, as controller, the limitation of the data processing when (i) contesting the accuracy of personal data for a period that allows eSolidar Ltda to verify its accuracy; (ii) the processing is unlawful and the data subject objects to the deletion of personal data and requests for its use to be limited; (iii) eSolidar Ltda no longer needs personal data for processing, but such data are required by the data subject to declare, exercise or defend a right in court proceedings.
When the data processing has been limited in the aforementioned terms, personal data may only be processed with the consent of the data subject, except for storage or to declare, exercise or defend a right in court proceedings, to defend the rights of another natural or legal person, or for serious public interest reasons of the Union or of a Member State.
Data subjects who limit the data processing in the aforementioned terms will be informed by eSolidar Ltda before that limitation is canceled.
eSolidar Ltda will communicate to everyone who received personal data information of any alteration or deletion of personal data or limitations to the data processing, as explained above, unless such communication proves impossible or implies disproportionate effort.
eSolidar Ltda, as the controller, will provide information about those recipients if the data subject requests so.
Amendment to the Terms and Conditions
eSolidar Ltda has the right, at any time, without prior notice and with immediate effect, to lay down specific rules of use for the eSolidar platform, as well as change, amend and/or revoke partially or entirely these Terms and Conditions.
Users who do not wish to accept the amendments should explicitly express such intention in writing to eSolidar Ltda
Changes to these Terms and Conditions will be made accessible by eSolidar Ltda at the eSolidar platform whenever deemed convenient.
Payments and Refunds
The amount raised with donations, solidarity auctions and sales with all payment methods, are received directly in the solidarity institution's account. Except for crowdfunding campaigns, the amounts are received by eSolidar Ltda. and will later be transferred to the charities.
According to the Terms and Conditions of PayPal, users are required to complete a PayPal business account by placing the relevant email address on the form of the product in order to enable the reception of the corresponding values.
eSolidar, Ltd does not participate in the reimbursement process and is not responsible for any amount considered due.
If any issues arise in the purchasing process and the user/charity claims the reimbursement of any amounts already paid through Paypal, consult the services offered by PayPal.
PayPal refunds Protection:
Fees and Services
Webankor, S.A. applies the following prices:
|Donations||5% (+ VAT)|
|Charity Auction||Success Fee of 15% (+ VAT)1|
|eSolidar Auction||Success Fee of 20% (+ VAT)1|
|Crowdfunding||Processing Fee of 3% (+ VAT) + Success Fee of 5% (+ VAT)1|
1 VAT at the legal rate.
eSolidar Ltda may change rates. eSolidar Ltda will notify its users and charities or causes if the rates change.
The following terms are deemed incorporated by reference and thus considered part of this Terms & Conditions:
- Paypal User Agreement
- PayPal -Acceptable Use Policy
Each of these conditions may be changed or amended without notice. Such changes take effect when publicly disclosed. By using the services provided for in the platform, the user fully acknowledges and agrees with the policies and rules applicable to the platform.
Notice to Users
All illegal acts may be reported to the competent authorities and motivate a claim by Webankor, S.A. to make whole or compensate all types of damages/losses caused.
Any terms and conditions provided for under this Section (Specific Terms) have been specifically negotiated between Webankor, S.A. and the Client below and will, therefore, supersede any contradictory or overlapping provisions comprised under the General Provisions included under these Terms and Conditions.