General Terms and Conditions to Use the Platform of PavelAndreev.ORG

These General Terms and Conditions govern the relations between the Pavel Andreev Foundation, through the website: https://pavelandreev.org/, hereinafter referred to as "the Platform", "us", "we" or "the Foundation" and its users, referred to as "Beneficiaries", "Donors", "you" or "Initiators", in the scope of the opportunities we give to use the Platform to raise funds for charitable campaigns.

Please read carefully the terms and conditions to use the Platform on the website because they constitute a contract between you and the Platform; further, you as a party agree to them by using it. You, as a donor, recipient of donations or user of the Platform in any form, shall agree to the terms and conditions specified below. If you do not agree to the terms and conditions, please do not use the Platform.

1. Definitions

• User - any natural or legal person who uses the Platform. The User can be a Donor, Beneficiary of the donation or Initiator of a campaign/cause.
• Donor - any natural or legal person who makes a financial donation through the Platform. The donor can make donations through the platform unlimited times and share and disseminate the campaigns.
• Donation - money that is transferred to the Beneficiary or the Initiator of the campaign, through the Platform in compliance with its rules.
• Beneficiary of the donation - recipient of the donation. The beneficiary of the donation can be a natural or a legal person. If the beneficiary is also the initiator of the campaign/cause, they can update and stop the campaign at any time and also request the payment of the amount already raised.
• Initiator of the campaign/cause - natural or legal person who started the campaign/campaigns. The Initiator can launch a financial campaign on the Platform. The initiator can edit, stop the campaign at any time, and also claim the payment of the amount already raised. The Beneficiary's approval to the Initiator to launch a campaign for them is entirely in the responsibility of the Initiator, so the Platform does not bear any responsibility for that.
• Campaign – a project or cause created on the Platform aiming to collect financial donations.
• Platform – the website https://pavelandreev.org/. In its scope, mobile applications and social networks can be developed and managed.

2.  Information about the Platform

• The Pavel Andreev Foundation is a non-profit organization with the purpose to perform activities for the public benefit having the following data: Company No. 206678629, seat and headquarters: Varna, 113 General Kolev st.;
• The platform is designed to raise funds through charity campaigns launched by Initiators and Beneficiaries.
• When launching campaigns on the Platform, the Initiators and Beneficiaries upload content - texts, photos, documents, information and videos, as the Foundation bears responsibility neither for their credibility, ownership and copyrights nor in regard to available third party rights or their violation. The Initiators and Beneficiaries are solely responsible for that.

3. Terms and Conditions to Use the Platform

• The platform can only be used by a person aged 18 or above; if needed, we have the right to ask you for a document to prove it.
• As an Initiator or Beneficiary, you may use the Platform only after registration. During the registration, you have to give your name, email address and phone number. The Platform may use that and/or other personal data provided by you only if you have provided it voluntarily and in compliance with the Privacy Policy.
  Please, note that:

1. 1. You should provide documents with deleted personal data; by using the Platform we assume that you declare your consent that if there is personal data that should not be published, the Platform shall delete it before publication.
   2. You shall bear the responsibility for the personal data provided for the Beneficiary (if the person organizing the campaign is not the  Beneficiary).
   3. By using the Platform, you declare and you bear the responsibility for the following:

- the cause/campaign you want to launch is real and only and solely accurate documents, photos and other evidence are presented that can prove the credibility and the need to organize, create and disseminate a cause/campaign;

- You are aware that in case of false declaration and/or attempt to abuse the trust of donors and the Platform, and misuse of funds raised in the scope of the campaign, you bear criminal liability and the Platform shall inform the competent authorities;

- You understand that the Platform should verify the authenticity of the campaign to avoid misuse of money and other funds and to achieve its legitimate interests in compliance with the national and supranational laws;

- You have read the purpose of the Platform and that its activity aims at and is related solely to charity and helping people/animals in a difficult/disadvantaged position.

4. The Platform shall assume that the data provided by you is given after your express, voluntary consent and the respective data can be published on the Platform and on social networks for the purpose of dissemination, publicity and achievement of the ultimate goal of the campaign. If you do not wish to give your express, voluntary consent under the preceding sentence, please do not use the Platform and you should bear in mind that Refusal and Withdrawal of the consent given under the preceding sentence will result in the termination of the campaign because the Platform cannot organize it without this condition. The latter is the reason why we accept your registration and activity on the Platform as a conclusively given voluntary consent within the scope of this clause and the Privacy Policy.
5. By virtue of the main activity of the Platform, namely helping third parties in their capacity of beneficiaries, it is extremely important for the Platform to publish effective evidence of treatments performed, fundraising and other aspects to stimulate donors and to demonstrate that there is full and clear transparency about the spending of the funds raised. We believe that by presenting evidence of results, the campaigns on the Platform will gain more publicity, which eventually will help more people in need; therefore, with your registration and consent to the Terms and Conditions and the Privacy Policy, we consider that you have given your express, voluntary consent on the following: after the end of the campaign, because the funds have been raised and/or another event that has occurred and urges to end  the campaign, the Platform shall publish evidence of its implementation and funds spent.
6. We assume that by sending any photographic material to the Platform, you give your express, voluntary consent for the photos provided by you to be published on the Platform and on social networks for the purpose of dissemination, publicity and achievement of the ultimate goal of the campaign. Please, inform us about photographic material that cannot be published.

• As a Donor, you may use the Platform with or without registration - entirely at your discretion, as the only required information shall be your name and email address. Upon donation each Donor, by entering their email address, shall agree to receive:

1. 1. a receipt for the donation made;
   2. information from time to time about the campaign for which they have donated and have explicitly checked the respective box to receive news and newsletter emails from the platform. You can unsubscribe at any time.

• To login to the Platform as a registered User, you should enter an email and password.
• If a User publishes false or untrue data or performs actions that are contrary to the rules of the Platform, the latter shall reserve the right to limit the rights of that user or suspend their access to the Platform.
• As a user of the Platform, you shall: use it for its intended purpose in compliance with the valid legislation of the Republic of Bulgaria and applicable foreign laws; use it in conformity with the terms and conditions of the payment system chosen by you (Stripe; PayPal; GooglePay; ApplePay and the Terms and Conditions of Allianz Bank Bulgaria AD);
• The platform functions as a connection among the users and it has no control and is not responsible for the credibility of the content that the users upload. Hence, it (the Platform) shall not participate in disputes among the users. The users use the Platform at their own risk and agree that the Platform shall not be liable for any damage and lost profits arising from its use.
• The platform shall reserve the right, if needed (damage, update, maintenance, etc.), to temporarily suspend providing, partially or fully, access to it. The Platform has no obligation to maintain, modify or add specific functionalities requested by a user.
• If the Platform is not accessible at a certain time due to any of the above-mentioned events, it shall be responsible neither for property or non-property damage nor for lost profits of the Initiators or Beneficiaries.
• The Platform shall reserve the right, at its discretion, to refuse access to a given user to use it, with no obligation to explain the reasons for it.

4. Rights and Obligations of the Platform:

• The Platform shall have the right to:
• Check and verify the data you have declared as a user of the Platform in compliance with the applicable legislation;
• Limit the rights or access of a user who publishes false or untrue data or performs actions that are contrary to the rules of the Platform;
• Deny temporary or permanent access to a user to use it if: 1. There is a suspicion of unconscientious use or a violation of the terms and conditions herein; 2. There is an attempt to use the Platform to offer, sell or distribute non-controlled substances (including drugs, tobacco products, medicines, etc.), medical devices or products or services that pose a health risk; 3. A user uses offensive, threatening, obscene, hateful or pornographic elements, sexually-oriented material, etc.; 4. A user promotes participation, encouragement, assistance, collaboration, guidance, involvement in activities that are contrary to the legislation of the Republic of Bulgaria, applicable foreign laws and good morals;
• Remove campaigns whose content is contrary to good morals and manners, which is against the law, which is offensive or would harm the dignity of a third party;
• The Platform has no involvement in the tax aspects and their amount related to the donations from and to the Users. Information on this matter is entirely the responsibility of the users. It is the responsibility of each user to check whether and what taxes are applicable to their specific case, then to report and pay the accrued tax in line with the legislation applicable for that;
• The Platform has no obligation to check the copyright of the information published by the users. It is entirely the responsibility of the users, so, claims from third parties can be addressed only to the creator of the respective publication. The Platform shall, in each individual case of being notified, decide on the necessary measures to take for a user who allegedly has violated the rights of third parties;
• The Initiators/Beneficiaries shall understand and agree that by uploading information about their cause on the Platform, all materials related to it - texts, photos, video, etc. become public. Hence, this information may be distributed by third parties in all possible ways to promote the campaign;
• The Platform shall not be responsible in case of no access to it and activities related to it due to reasons and circumstances beyond its control. Such are the cases of unforeseen force, Internet problems, force majeure, etc.;
• The Platform shall not be responsible for the Internet connectivity of the Users and possible problems arising from this connectivity;
• The Platform shall reserve the right, in case of suspected abuse/falsehood of a published campaign, to close this campaign at any time and send the funds raised to the Donors in line with the Terms of Stripe and PayPal, or other payment systems, or to redirect them to another campaign complying with the following procedure: 1. As much as the Platform does not have data about the donors, within a reasonable period after finding about any of the above circumstances, the information learned shall be published as news in the relevant campaign; 2. The platform shall wait for 5 (five) days as of the date of publication of the information to be contacted by a Donor to refund their donation; 3. If no messages from Donors are received within the specified 5-day period, the amount shall be redirected to a campaign selected by the Platform or to the Fund. In case of paying back, the Platform shall transfer back the donated funds to the accounts of the donors after withholding the transaction fee in compliance with the General Terms and Conditions of Stripe and PayPal, or other payment systems.
• The Platform shall be obliged to:
• Provide assistance to the users to use it;
• Assist Beneficiaries/Initiators in creating campaigns by advising them on their content. The Platform may give you guidance on corrections to make the content more clear and understandable; 
• Pay correctly the collected donations to the Beneficiaries/Initiators of each specific campaign. The platform is not responsible if, after making the payment, the Beneficiaries/Initiators behave improperly or misuse the funds; 
• When an Initiator/Beneficiary does not claim the funds raised by the campaign launched by them within 30 days as of the day of the amount received, the Platform shall reserve the right to redirect them to a campaign of its choice. Before redirecting the funds, the Platform will contact the Initiator/Beneficiary via email (which was entered during registration) to invite them to allocate the funds and the Platform shall have the right to redirect them when no response is received within 5 days as of sending the email;
• In case of death of a Beneficiary, the Platform shall be notified by the relevant Initiator or direct relatives when the Initiator is also a Beneficiary within 24 hours as of the occurrence of the death. In such cases:
  1. You have the right to use the remaining funds to pay off residual liabilities to the clinic, to pay for the burial and transportation of the (mortal) remains. In case of death, funds to a donation account shall not be paid (for campaigns in Bulgaria);
  2. The Initiator or the direct relatives of the Beneficiary, when the Beneficiary is also the initiator of the campaign,  shall transfer the remaining funds within 30 days of the death to campaigns on the platform. If they want to redirect the funds to a campaign that is not on the Platform, the respective recipient should create such a campaign on the Platform in order to redirect the funds. The Platform shall not redirect funds to campaigns outside the Platform page.
  3. If the Platform was not notified within the 24-hour as of the death of the beneficiary and it found out from another source, the Platform shall reserve the right to direct the funds at its discretion to other campaigns or to the Fund without contacting the Initiator or the family.

5. Rights and Obligations of the Donors 

• For each donation made on the Platform, the Donor shall receive a receipt for the payment on the email they entered and they shall have an opportunity to request a Certificate for the donation made. The platform performs automatic verification on whether the email entered during the donation is existing and real. This verification depends on the server of the email service you are using. The Platform shall not be responsible if it is informed that this email does not exist and you do not receive your receipt accordingly. You have the right to request it from us via the contact page;
• Donors have the right to make a donation officially or anonymously. In case of an official donation, their names shall be entered in the Donors field of the respective campaign and a text if the donor wants to leave one. In case of an anonymous donation, "Anonymous donor" will appear in the "Donors" field of the respective campaign;
• Anonymity shall not apply to the Platform, as it (the Platform) should always be able to detect the origin of each donation. Upon verification by governmental institutions, the Platform should be able to provide access to a list of donors for the respective campaign. In all other cases, anonymity is guaranteed;
• Donors shall agree that, if a campaign is not implemented due to justifiable reasons (e.g. death), the funds raised for it will be distributed to other campaigns on the Platform indicated by the Initiator/Beneficiary or, if there is an objective obstacle to do so (campaign without Initiator, with only a Beneficiary, and in case of death of the Beneficiary) – to a campaign of choice of the Platform. In such cases, the donated funds shall not be paid back to the Donors;
• Donors shall agree if an Initiator/Beneficiary does not claim the funds raised within the campaign launched by them or in case of the death of the Beneficiary, the Platform has the right to redirect them to a campaign of its choice. Before redirecting the funds, the Platform shall contact the Initiator/Beneficiary via email (which was entered during registration) to invite them to allocate the funds and the Platform shall have the right to redirect them when no response is received within 5 days as of sending the email when it is about an amount received; when it is about death - in compliance with the procedure in the previous section of General Terms and Conditions herein;
• In regard to any donation for a certain campaign, the Donor may request their donation back within 30 calendar days at the latest as of the transfer of the amount. The latter rule shall not apply in cases expressly specified in the General Terms and Conditions herein, including when the amount was transferred to another campaign other than the one it was intended for.  It shall not apply when the payment of the donation and the request for a return or for any correction of the donation are in two different calendar years. Further, the donation is non-refundable in case the entire available amount of the campaign has been paid.

6. Campaigns Management

• Launching campaigns on the Platform is free of charge for Initiators/Beneficiaries.
• To launch a campaign, you should register on the Platform.
• You can register after reading and complying to General Terms and Conditions herein. A user who does not agree to the General Terms and Conditions may opt out of the registration process; as a result they will not be able to use the Platform as an Initiator/Beneficiary. By registering, the users confirm that they have read the General Terms and Conditions, accept them and agree to comply with them.
• For launching a campaign, the Platform shall request of you to upload complete information about the cause and the beneficiary of the donations. This information has to be complete, accurate, non-misleading and unambiguous. If additional documents are requested by the Platform, you are supposed to provide them to verify the campaign and avoid misuses. The Beneficiary/Initiator is solely responsible for the information and documents provided. The campaign should be clear - all the necessary accompanying documents should be specified. An exact target amount shall be indicated and it may be proven with an appropriate document, if possible: an offer or something similar, depending on the case. If it is not possible to prove the target amount with a document (for example, in case of staged or variable treatments, such as oncological diseases), the Initiator/Beneficiary shall provide an explanation for it. The official way of communication between the Platform team and the Initiator/Beneficiary is the email address entered during the registration.
• Each launched campaign shall be checked by the Platform team and, if needed, additional documents, text or other types of explanations may be requested before its publication.
• As an Initiator/Beneficiary, you shall inform the Platform and Donors in a timely manner about new circumstances that have occurred in relation to the campaign you have launched via the "News" section in the Admin Panel.
• Regarding a launched campaign, you shall have the right to add and change information in case of technical errors or at your discretion as some amendments may undergo a new check by the Platform. The newly entered or corrected information should be complete, accurate, non-misleading and unambiguous. If additional documents are requested by the Platform, you are supposed to provide them to verify the campaign and avoid misuse. The Beneficiary/Initiator shall be solely responsible for the information and documents provided.

7. Accountability 

• All donations shall be deposited into the bank account of the Foundation. It shall have the engagement to pay the respective campaign amounts to the Beneficiaries/Initiators, after withholding the  bank and transaction fees.

8. Payments and Fees

• The platform uses the following payment methods: debit/credit cards; PayPal; GooglePay; ApplePay, Revolut or to IBAN.
• The platform shall not take any mandatory fees or a mandatory percentage of the donations received through the system for its benefit, through the donations made by debit/credit card; PayPal; GooglePay; ApplePay; Revolut. Each of the donors decides whether and what to pay for the benefit of the Platform. This is optional and any donor can write 0% (zero percent) of the donated funds. In such a case, the donated funds shall be accrued and fully paid to the beneficiary. The only fees that are paid from the donated funds to the beneficiary are fees to Stripe (the virtual POS terminal). They comply with the terms and conditions of the Stripe platform; for payments with Paypal the fees are in line with the terms and conditions of use of PayPal and Allianz Bank.
• If the Donors want to deposit an amount for the Platform, it can be a percentage of the campaign donation or a specific value indicated by the Donor using the slider in the POS-terminal or the “Enter Exact Amount" button.
• For donations that are placed outside the platform automatic systems (debit/credit cards; PayPal; GooglePay; ApplePay, Revolut) - to the IBAN of the Platform, 5% of the donations placed on the platform shall be withheld. 
• The Initiators/Beneficiaries can disburse the amount raised for their campaign in installments, so, they shall indicate the desired amount with a comprehensive explanation and a document attached thereto (e.g. invoice) what it will be spent on. The Platform shall reserve the right to confirm, deny or partially approve the expenditure.
• If the campaign goal is not accomplished or the amount raised exceeds the previously specified target amount, the funds raised shall be distributed to campaigns indicated by the Initiator/Beneficiary, which are part of the platform.
• When disbursing an amount raised for a campaign, the transaction fee shall be borne by the Initiator/Beneficiary and it shall be withheld from the total amount of the campaign.
• For donations exceeding BGN 30 000, the Platform shall require additional documents in line with its Company Rules pursuant to the Measures Against Money Laundering Act (MMLA).
• The funds raised on the Platform shall be paid off within 72 hours after a request has been placed in the Admin Panel and can be conducted in several ways:

For campaigns under Treatment, Medicine and Rehabilitation category:

• to the Beneficiary's donation account (this method is only available for campaigns in Bulgaria) - after providing a contract for opening a donation account. The account, holder's names, signatures and seals of the document should be visible. The term (time limit) of the contract should not have expired. If it has expired, add an Annex issued by the bank to it;
• via a proforma invoice to a third party where it shall be clearly indicated what they are paying for. You shall agree that the following types of expenses may be paid: treatment and rehabilitation, examinations and drugs, transportation from the place of residence to the city where the treatment takes place - bus or plane tickets for the beneficiary and one companion or ambulance, hotel for the beneficiary and one companion, translation services.
• Conditions to pay costs to a personal account:
  - such costs could not have been paid via a proforma invoice pre-issued to a third party (your treatment and examinations at the hospital are costs that can be paid via a proforma!) and you have already paid them;
  - such costs were generated after you already had an approved campaign on the platform. Costs incurred before the campaign has been launched shall not be paid;
  - costs that could not be pre-paid via proforma are: hotel or accommodation, travel expenses for transportation from the location of the beneficiary to the city where the treatment will take place (bus, plane ticket or ambulance), visas, medication, prostheses, orthoses, hospital equipment;
  - costs shall be paid to a personal account only for the Beneficiary and one companion;
  - costs to a personal account shall be reimbursed only and solely to the account of the Initiator of the campaign or the Beneficiary. 
• For campaigns from all other categories – to the account of the campaign initiator

9. General Provisions

• By using the Platform, the Users shall confirm that they have read and agree with the General Terms and Conditions herein and their entire content. Registration in the Platform shall not be possible if the users have not read and do not comply with the General Terms and Conditions.
• The Platform shall reserve the right to change the General Terms and Conditions herein at any time and unlimited times, as the Users shall agree with it. If they do not agree with the amended General Terms and Conditions herein, the users shall have 15 days as of the publication of the valid General Terms and Conditions on the Platform to take advantage of the terms and conditions of the previous version. The most recently published ones shall be considered as the valid ones.
• It is the users’ responsibility to get informed and follow up the amendments in the General Terms and Conditions. If they do not agree with the new General Terms and Conditions, the users may stop using the Platform at any time.
• The nullity of any item of the General Terms and Conditions herein shall not cause the nullity of another item or the General Terms and Conditions herein, in general.
• For all issues and cases not specified in the General Terms and Conditions herein, the applicable valid legislation shall apply.
• If disputes that have arisen cannot result in an amicable consensus between the affected  parties, the respective valid legislation shall apply as the dispute shall be referred to the competent court.
• The Platform shall have the right to get compensation for any damage, costs and claims of users, Beneficiaries or third parties that have resulted from a violation of the General Terms and Conditions herein, unauthorized use of the Platform and/or frauds with the Campaigns and misappropriation of the money donated for them, including, but not limited to, compensation for court costs, lawyer fees and other costs incurred in the scope of protection of rights and legal interests resulting from users' actions that are illegal or contrary to the General Terms and Conditions herein.

10. General Terms and Conditions for the Fund for Treatment of Children Abroad  

• The Fund is an automatic financial donation on a monthly basis made by bank card or Paypal. By subscribing to the Fund, you allow the platform to withdraw the amount you donate.
• During the donation, you select an amount for the Fund and an amount for the Platform. The transaction fee of Stripe or Paypal shall be withdrawn from the amount for the Fund.
• You shall get your password to access the platform to the email you entered during the donation. Your username is the email you have entered. Through your user profile, you can manage your subscription, you can change it or stop it at any time.
• Once a month, on the first day of the month, you will receive a report which campaigns the funds were transferred to from the Fund to the email you have entered during the subscription. The platform shall perform an automatic verification if the email you have entered during the donation is existing and real. This verification depends on the server of the email service you are using. The Platform shall not be responsible if it is informed that this email does not exist and you do not receive your receipt accordingly. You have the right to request it from us via the contact page.
• The rules for disbursing the finance from the Fund are as follows: the beneficiary should prove, with medical documentation, the oncological disease or the need for an organ transplant and a campaign that has been launched on the platform to get support. The person should not have reached the age of 18 at the time of disbursement of the funds from the Fund to their campaign. Funds are disbursed in the order of application.
• The money from the Fund can only be used for treatment and related costs.

Date of last update: 03 April 2024