Webankor SA is responsible for the eSolidar platform.
eSolidar, Ltd values the privacy of its members, pledging to respect them and to ensure appropriate treatment, confidentiality and protection of data.
Membership and use of the platform is dependent on the full acceptance of these Terms and Conditions by users (including Charities and other non-profits).
These Terms and Conditions define the terms on which the platform eSolidar can be used as well as the rules for the respective usage.
By accessing and using the sites and services, you acknowledge that you have read, understood and agreed to the general conditions of use. If you do not agree to these terms, you must not access or use the sites or services provided.
The Site and Services are intended solely for users who are 18 years old or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. 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
eSolidar, Ltd, through the eSolidar platform, offers registered Facebook users an online space that allows users to buy and sell items/products on the online marketplace, which includes charity auctions.
The charities (and non-profit entities generally) can also register on the platform by filling out the online form (no Facebook account is necessary for charities to join).
eSolidar, Ltd reserves the discretionary right to approve charity registration on the eSolidar platform upon the verification of the documentation submitted and an assessment of the application.
It is free to register and post products on our platform, however, we apply a fee on successful donations, sales and auctions, which are outlined fully in these Terms and ConditionseSolidar requires at least a 1% donation to a charity registered on our platform.
The eSolidar platform requires that a percentage of the sales is donated to Social Solidarity Institutions (and to non-profit entities in general).
To use the service in the best possible way, the User must create an account. You can also sign in through third-party platforms (such as Facebook). You warrant that the information you provide to eSolidar, Ltd when creating your account is true, complete and current. During registration, the user must enter a Username and Password to access the account.
This platform may be subject to events or circumstances that are beyond the control of eSolidar, Ltd and may affect the normal course of operations.
eSolidar, Ltd does not guarantee the operation of software and hardware is error free or does eSolidar, Ltd guarantee the timely and proper removal of any unpredictable events arising from use of the Internet.
eSolidar, Ltd does not guarantee the constant and uninterrupted availability of the platform and shall not be held responsible for losses that may occur as a result of technical malfunctions or any other reason beyond its control.
eSolidar, Ltd reserves the right to temporarily suspend its operations, due to any reason deemed convenient, most likely for technical reasons.
Any interested person shall have only one registered account.
eSolidar, Ltd reserves the right to suspend or terminate any registered account, notably if the same person owns two different registered accounts.
Charities (and non-profit entities generally) can access this platform through specific authentication process after validation and approval by eSolidar, Ltd.
Products on eSolidar
The advertiser is entirely responsible for the content uploaded and for the fulfilment of the requirements set out in these Terms and Conditions and applicable law.
eSolidar, Ltd may cancel or remove, without notice, all ads considered inappropriate, in accordance with the procedures identified herein, without any right to compensation, regardless of the motivations for such cancelation and/or removal.eSolidar, Ltd is not a party to any dispute.
eSolidar, Ltd applies a 5% fee on direct donations to charities. eSolidar requires a percentage of each sale to be donated to a charity registered on our platform. When the sellers adds a product to our platform, eSolidar, Ltd applies a 7.5% success fee. Similarly, when a charity adds a product to our platform, eSolidar, Ltd applies a 5% success fee.
eSolidar, Ltd does not have access to items/products offered for sale, and does not engage or participate in the actual transaction between buyer and seller. Therefore, eSolidar, Ltd cannot guarantee transactions are successfully completed. Such transactions are exclusively made between buyers and sellers. Such disputes can be settled directly through PayPal.
The charity may choose any payment method at any moment available at the eSolidar platform.
eSolidar, Ltd provides charities (and non-profit entities generally) with the possibility of proposing charity auctions, subject to approval, and scheduled in conjunction with what is established herein.
eSolidar, Ltd reserves the unfettered right to use the information uploaded by users, notably, for marketing purposes.
Terms and Conditions of Responsibility
eSolidar, Ltd is not responsible for the behaviour of salespeople, in particular for the items/products added for sale on the platform.
eSolidar, Ltd is not responsible for any damage that occurs as a result of a transaction or misconduct of one of the parties in a transaction.
eSolidar, Ltd is not responsible for the failure to complete the transaction, or for any incident that may occur between the parties during the same transaction.
eSolidar, Ltd shall – as far as reasonably possible – ensure the quality and integrity of information provided by users on the eSolidar platform –to the extent the information provided to eSolidar is true, accurate and not misleading. eSolidar, Ltd has further implemented appropriate technological and organisational measures in order to ascertain, to the extent feasible, the safety, accuracy and completeness of the information available on the eSolidar platform. However, the responsibility for ad content, legality, accuracy and quality of the product advertised pertains exclusively to the owner and cannot be attributed to eSolidar, Ltd any responsibility in this regard.
As eSolidar, Ltd is not a mediator of transactions, it cannot be held responsible for any event resulting from the lack of legal capacity of users.
To ensure the safety in the areas of eSolidar platform where personal data is collected/treated the transmission of such data is encrypted.
Information on the models, brands, property, qualities and other characteristics or features of the products entered in eSolidar platform is provided by 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 or promote the sale, especially of: firearms and ammunition, gunpowder or explosive materials, fireworks hardware and derivatives; humans or 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 artistic, numismatic property, historic or archaeological interest, libraries and collections of documents; affiliate commissions or rewards programs; any goods, rights or secrets eSolidar, Ltd; 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 advertisement.
eSolidar, Ltd may remove any content that does not comply with applicable law or these Terms and Conditions. “ “eSolidar, Ltd may also remove any content if deemed convenient, given the reality and/or circumstances to be assessed on a case by case analysis, without the exercise of such prerogative giving rise to 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 responsibility.
eSolidar, Ltd assumes no responsibility forthe existence of transactions on goods or services that do not comply with these restrictions.
In the herein Terms and Conditions, ‘Confidential Information’ refers to all technical or commercial information, where the information 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, with at least a reasonable degree of care being considered.
We may disclose Confidential Information to our employees, affiliates, and consultants, provided that the recipient is required 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, Ltd neither verifies nor approves the items/products offered for sale by users; businesses are brought online automatically without interference from the system.
Sales entered into the system must meet the following basic requirements: to 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 facilities and/or where the item/product is placed.
The seller is responsible for meeting these requirements. eSolidar, Ltd can remove any charities or ads that do not meet these standards without notice and without giving rise to any right to compensation.
Ads containing words, references or unsuitable categories may be subject to unilateral action by the eSolidar, Ltd, including respective removal. However, the seller may prove such action to be incorrect in court and/or in any legal procedures.
eSolidar, Ltd applies a 7.5% success fee on sales posted by users and a 5% success fee on sales posted by charities.
Affiliates are intermediaries who help disseminate the seller’s products. When a sale between users results from the recommendation from an affiliate member, the affiliate receives 1% of the successful sale.
Users must comply with regulatory ages for specific products available on eSolidar, e.g. alcohol. eSolidar reserves the right to refuse or void any bids made if regulations are not met. Users may be required to provide identification.
Donations are made by the user.
The seller designates a charity to receivea percentage of the successful sale from the product.
eSolidar, Ltd applies a 5% fee on direct donations and a 7.5% fee on donations made from the successful sale of products.
In the event that the charity and user have a Paypal account, users can directly donate to the charity.
Buyers and sellers share the responsibility for ensuring that purchases facilitated by eSolidar platform are completed with a duty of good faith that bounds all parties.
For adequate protection and clarity, it is appropriate that the buyer obtain credible information about the seller before completing the purchase.
The relations between the transactional parties is to be carried out through the eSolidar platform are subject to applicable law.
Charities may contact eSolidar, Ltd to set up charity shops and request charity auctions on the eSolidar platform.
Prior to registration confirmation on the platform, eSolidar, Ltd retains the right to request all documentation deemed necessary to verify a charity’s non-profit status.
All information and data made available to eSolidar, Ltd will be treated confidentially and shall only be used within the scope of activities related to the platform.
eSolidar, Ltd reserves the right not to approve the registration of a non-profit organisation.The registered charities (and non-profit entities generally) 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 this platform.
The charities must be registered with Paypal system to receive donations and sales values.
The charity auctions are available for charities (and non-profit entities generally) or causes, are subject to the request and submission of information required by eSolidar, Ltd.
Bidding on auctions is only allowed for authenticated users on the eSolidar platform, and at the intervals fixed by eSolidar, Ltd for each case. The tender implies full acceptance of the Terms and Conditions identified herein, as well as the availability of other information requested in the auction description or at any time requested by eSolidar, Ltd. The item/product sold through the auction is not verified by eSolidar, Ltd, nor is its description is assessed by eSolidar, Ltd.
eSolidar, Ltd bears no responsibility regarding the state and description of the items/products sold. At the end of the auction the winner shall be served notice of the payment date, which must be made within forty-eight hours; if payment is not received in a timely manner, bidders will be contacted, according to the respective bid value in descending order. Such value may never lower than the base value set.
eSolidar, Ltd applies a success fee for charity auctions. The fees vary depending on the situation:
Auction item acquired by charity: 10% fee + VAT
“Acquired by charity” is to be defined as an event in which the charity acquires the product and requests the management of an online auction by eSolidar, Ltd.
Auction item acquired by eSolidar: 20% commission + VAT
“Acquired by eSolidar” is to be defined as an event in which eSolidar acquires the product on behalf of the charity and directly manages each stage of the auctions process.
The cancellation of any charity auction does not exempt the non-profit organization from paying eSolidar, Ltd the fee for the service (based on the value of the pre-defined bid).
The postponement of the charity auction, for technical reasons, requires the definition of new effective date for completion of the same auction without the right to charge an additional service fee.
If the charity wishes to proceed with a second auction and the values of the previous auction were not totally paid to eSolidar, Ltd, then eSolidar,Ltd reserves the right not to approve the second auction.
Any social cause must be proven by documentation which attests the need to receive donations and should include a clear goal stating the use of the proceeds.
Any social cause shall have an associated godfather (a public figure that publicly represents the said cause).
eSolidar and the charity/cause for which it is intended the amount raised in this auction, we reserve the legal right to take legal action against any act that puts into question the normal operation of it.
1. General Conditions
1.1. The Website is intended to serve as an intermediary between registered employees and duly authorized by the company with which they have a labor contract, who wish to carry out campaigns whose purpose is to solve temporary social problems of their own ("Promoters") and registered and duly registered employees authorized by the company wishing to support the Promoters in solving their temporary social problems through a voluntary monetary contribution ("Supporters").
1.2. Employees, both Promoters and supporters, when using the Website do so at their own risk and are obliged, in particular, to:
a) to respect the copyrights and intellectual property rights of eSolidar, Ltd.
b) respect the rights and privacy of the Promoters;
c) make a correct and adequate use of the Website and its contents, in accordance with the Conditions expressly stated to have read, understood and accepted in full, before using the Website;
d) Not modify the software of the Website, namely with the purpose of obtaining unauthorized access to any of its contents
1.3. The Content and websites that may be redirected by the Website (through links) belong to, are licensed and / or are made available in an authorized manner by Webankor, S.A.
1.4. Users of the website, when accessing third-party websites through hyperlinks made available on the Website, do so at their own risk, and no liability can be attributed to Webankor, SA. with regard to damage to users, particularly as a result of malfunctions, in particular viruses, caused by access to them.
2.1. The contents of the campaigns published on the Website are the sole responsibility of the Promoters, so any information, data, texts, software, music, sounds, photographs, graphics, videos, images or other materials published by the Promoters are their sole responsibility.
2.2. eSolidar, Ltd. reserves the right not to make available on the Website any campaigns that are racist, discriminatory, violent, or have offensive, obscene or defamatory language.
2.3. Also, any campaigns that offer content that infringes any registration or right of Industrial Property (e.g. patent, trademark), industrial secret, or any other type of registration or Intellectual Property right of any person, entity or institutions hall not be admissible; reserving itself to eSolidar, Ltd. the right to block any content or eliminate any campaigns, without prior notice and without canceling any compensation, whose contents infringe the industrial and intellectual property rights of any third party or whose promoters provide false mislead the public in a deliberate and / or misleading manner.
2.4. Although eSolidar, Ltd. warn of the non-admissibility of the contents referred to in points 3.2. and 3.3 above, in the event that any Promoter or Supporter is able to adduce non-admissible content, the responsibility for such content shall be the exclusive responsibility of such Promoter or Supporter, excluding any liability of eSolidar, Ltd. Thus, eSolidar, Ltd. rejects any and all liability for such content, but may, by means of a grievance or termination, block or remove such content, and 3.3.
2.5. eSolidar, Ltd. authorizes the users of the Website to access and use the Content of the Website for personal purposes only, and authorizes them to create links to the Website, as those links give rise to the opening of a new browser window, through which the link to the Website is explicitly stated, thus avoiding confusion between the Website and users' websites.
2.6. The reproduction, transfer, distribution or storage of the Contents, by the users, for any purpose that is not strictly personal, namely commercial, without the prior written authorization of Webankor, SA. and/or Promoters, is expressly prohibited.
2.7. Any modification, copying, distribution, transmission, publication, license or creation of new contents that partially or totally integrate the Website Contents without the prior written authorization of Webankor, SA is strictly prohibitedand, with respect to the contents of the campaigns, without the prior written consent of the Promoters.
2.8. The possibility exists that Webankor, SA, at any time and without need of prior notice, to change, suspend or discontinue any Content, namely campaigns disclosed on the Website, without this modification resulting in any obligation to indemnify any third party, without prejudice to the reimbursement of the amounts previously made available by the Supporters of a campaign discontinued at the initiative of Webankor, SA, if it determines that there is any material in default with the current Terms and Conditions of Use.
3. Intellectual Property Rights
3.1. All copyrights and related rights relating to the Website Content belong to or are licensed to Webankor, SA.
3.2. The reproduction or representation of all or any part of any social denominations, trademarks or other distinctive signs reproduced on the Website protected under the legal provisions, particularly those applicable to industrial property, is strictly prohibited and must be subject to prior written authorization by the Webankor, SA. or trademark owner, or otherdistinctive sign or corporate name, displayed on the Website.
4. User Registration
4.1. As a condition for using the Create campaign and Support campaigns feature, access will be provided by the company with which the user has an active work contract.
Relationship with Promoters and / or Supporters
5.1. eSolidar, Ltd. in its capacity as owner and responsible for the management and maintenance of the Website, will in all circumstances function as a mere intermediary between the Supporters and the Promoters, not guaranteeing the success of the campaigns made available and supported through the Website, or having any powers to represent the Supporters and the Promoters.
5.2. No liability may be attributed to Webankor, SA, in relation to the relationships that may be established between Supporters and Promoters, namely for any damages or losses caused.
5.3. The Promoters will be solely responsible for the execution of the campaigns they present.
5.4. All support for campaigns on the Website may be granted to Promoters through third party payment systems, so the use of these systems presupposes knowledge and acceptance of the terms and conditions of those services, which can be consulted on their sites.
5.5. Under no circumstances shall Webankor, SA. be liable to any liabilityfor anomalies or malfunctions of any payment system, the correct functioning of which is the responsibility ofthird parties.
Campaign Supporters and Promoters
5.6. Campaign Supporters are free to support any campaign in any amount from one euro. There is no maximum investment value. The origin and responsibility of the amount invested is the responsibility of the supporter.
5.7. The Promoters of a campaign whose funding has been obtained undertake to fulfill their obligations, namely the duty to keep campaign supporters up to date and deliver within the stipulated timeframe all promised rewards.
6. Final Provisions
6.1. Should any of the provisions of these Conditions be declared void, ineffective, or be annulled, this will not affect the validity or effectiveness of the remaining clauses, which shall remain in full force and effect.
6.2. The Portuguese Law shall apply to all matters governed by these conditions, and in case of litigation arising from the interpretation or application thereof, the Court of the District of Braga, with express waiver of any other, shall be competent to resolve it.
Anyone can contact the eSolidar to propose an auction for a social cause, provided the foregoing requisites are fulfilled. All causes shall be subject to approval by eSolidar, Ltd.
eSolidar, Ltd is not responsible for how the money is used and does not monitor this process. If you suspect any irregularity, please contact eSolidar, Ltd directly. eSolidar, Ltd reserves the right to cancel or suspend the auction.
eSolidar, Ltd applies arate over the final price in auctions that are for social causes. The fee is paid directly by the host of the auction.
The person that receives the money executes binding documentation, which it states that the amounts received will be exclusively and fully used to benefit the social cause indicated to eSolidar, Ltd.
In order to promote eSolidar platform, eSolidar, Ltd offers an affiliate programme, which helps disseminate and promote this platform to give it greater visibility and allow new users to register through a URL.
Those who advertise a certain item/product shall receive a certain percentage of the sale product.
New users whose subscription is made through the affiliate link are considered associated with the old user that shall be awarded a certain percentage of all sales performed by the new user.
In return for the propagation and attracting new users, the affiliate partner will receive, for a period of one year, a commission of 1% of all sales made by the new users, whenever the chosen payment method is PayPal. The user can withdraw the money received through commissions or instead donate it to an institution whenever it reaches the total amount of £50.00.
Suspension or Removal of Registered Accounts
The affiliate will have access to a restricted area called \”Affiliate Programme\” where it can control and monitor the analytics of the link and have access to respective statistics.
Intellectual Property Rights and Security
eSolidar, Ltd shall make public the materials, content and eSolidar platform software are likely to be protected by intellectual property rights.
The reproduction, modification, copy, use, distribution, marketing, download or otherwise exploit of such materials and contents is not permitted without prior authorisation conferred in writing, by eSolidar, Ltd, or by the third right holders concerned.
Any act or attempt to change the materials, content or software, upload information from unauthorised access or other action that may jeopardise the integrity, continuity or quality of eSolidar platform will be properly assessed to fully determine the responsibilities of its agents.
The users undertake to respect the copyright on the software/applications eSolidar platform and not to copy, duplicate, resell or in any way to negotiate these items covered by the copyright of eSolidar, Ltd, assuming responsibility for the indemnity provided for in case of violation of these rights.
Our IP:Our Sites and all intellectual property rights therein, including the vendor listings that are publicly available or licensed Content, our Services and/or our domain names, is the property of Webankor SA.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the software IP developed by Webankor SA without its express written consent or of the applicable copyright owner.
User IP:User certifies that he/she owns or has secured all necessary intellectual property rights in the Content that User uploads, transmits or otherwise makes available to us or on our Sites.
Amendment to the Terms and Conditions
eSolidar, Ltd has the right, at any time, without prior notice and with immediate effect, to lay down specific rules as regards the use of eSolidar platform, as well as change, amend and/or revoke partially or fully, these Terms and Conditions.
Users who do not wish to accept the amendments should explicitly express such intention in writing to eSolidar, Ltd.
Changes to these Terms and Conditions shall be made accessible by eSolidar, Ltd in eSolidar platform whenever deemed convenient.
Payments and Refunds
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 thereimbursement 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
eSolidar, Ltd fees are outlined in the following table.
The registration and use of the platform is free.
The VAT varies according to the rate described in the applicable law.
|Description*||Rate of success|
|Charity Auction: item is provided by charity||10% + VAT(1)|
|Charity Auction: item is provided on behalf of eSolidar||20% + VAT(1)|
|Social e-Marketplace: fees incurred on each individual sale||7,5%(2)|
|Sales between charities (% non-profit entities generally)||5%(2)|
|Donations: fees incurred on donations made through PayPal||5%(2)|
* Webankor, SA can change this fees. Webankor will notify all users and charities (non-profits organisations) if the fees will change.
(1) VAT not included.
(2) VAT included.
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 services provided for in the platform the user fully acknowledges and agrees with the policies and rules applicable to such platform.
Notice to Users
All illegal acts run the risk of being reported to the competent authorities and may motivate a claim by eSolidar, Ltd in order 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 eSolidar, Ltd and the Client referred to below and will therefore supersede any contradictory or overlapping provisions included under the General Provisions included under these Terms and Conditions.