1. LEGAL INFORMATION
These Terms and Conditions for the Solidarity Points functionality (hereinafter, the "Terms and Conditions"), of INGKA CENTRES ESPAÑA, S.L., with Tax ID B84603240, a company domiciled at Avda. Matapiñonera, nº 9, 28703 San Sebastián de los Reyes (Madrid) (hereinafter, "INGKA" or "INGKA CENTRES") are intended to regulate access to and the terms of use of the Platform functionality consisting of the acquisition of Solidarity Points by Users, the euro amount of which will be donated to the Organisations, and the User may also use, or not, said Solidarity Points to redeem for various services provided by INGKA CENTRES in the shopping centres it owns where solidarity points have been implemented.
The Privacy Policy, the Cookie Policy, the Terms and Conditions for INGKA CENTRES accounts, the Legal Notice of the Platform and these terms and conditions shall apply to this functionality, which are more specific to this particular functionality and shall prevail in the event of contradiction.
2. DEFINITIONS
For the correct understanding of these Terms and Conditions, the following definitions are provided:
Users: For the purposes of these Terms and Conditions, this shall be any person who browses the Platform and/or makes use of the Solidarity Points functionality.
Organisations: Any legal entity, non-governmental organisation (NGO), non-profit association, collaborating entity or foundation that are the creators of environmental, humanitarian and/or social Projects in which Users can participate and collaborate.
Project: Any creation of environmental, humanitarian and/or social plans carried out by Organisations that need collaboration to obtain financing, means and/or products to meet the objectives set for each Project.
Solidarity Points: each Solidarity Point acquired is equivalent to a contribution of one (1) euro to the Organisation chosen by the User. Users can acquire Solidarity Points through the Platform or in person at INGKA shopping centres that have this enabled. The amount equivalent to said Solidarity Points is transferred by INGKA CENTRES to the Organisation chosen by the User from among those available as informed by INGKA CENTRES through the Platform or at the corresponding shopping centre.
3. ACCEPTANCE AND AVAILABILITY
To make use of this functionality, the following conditions must be met:
- If using the Platform services in your own name, you must be a natural person with the capacity to contract.
- If using the Platform services on behalf of a legal entity, you must have the capacity for legal representation thereof.
- Be over 18 years of age (natural person).
4. LIABILITY
The opinions, content and, in general, all activities carried out by Users and Organisations are their exclusive responsibility, and INGKA CENTRES cannot be held responsible for any damages that may arise from such activities outside its control and without effective knowledge thereof.
The Organisations to which the User may decide to contribute the equivalent amount of the Solidarity Points acquired shall be incorporated into the Platform with prior authorisation from INGKA CENTRES, who will publish the Organisation's information and its Project, provided by the Organisation itself. INGKA CENTRES shall in no case be liable for the information of the Organisation and its Project published on the Platform, and it shall be the User who, if deciding that the amount equivalent to the Solidarity Points acquired by them goes to a specific Organisation, duly informs themselves about the Organisation, the Project, and who voluntarily decides what amount of the acquired Solidarity Points to contribute to one or another. In no case shall INGKA CENTRES be liable for the proper execution of the Organisation's Project, and the User may not claim anything from INGKA CENTRES in the event that the Project reported by the Organisation has not been completed in the time and manner reported by the Organisation, regardless of the reason.
To be incorporated as an Organisation on the Platform, the corresponding contract must be signed with INGKA CENTRES and a community-supporting Project must be available that is worthy, at the discretion of INGKA CENTRES, of being made known. If you are an Organisation interested in participating in our Platform, you can contact INGKA CENTRES through the contact channels informed on this Platform.
5. INAPPROPRIATE USES ON THE PLATFORM
In the event that INGKA CENTRES detects any inappropriate use by Users or organisations on the Platform, it will proceed to block the account that the User may have created.
Additionally, if such inappropriate use could involve any offence of any nature, INGKA CENTRES will proceed to bring the facts to the attention of the competent authorities or bodies.
6. OPERATION OF THE SOLIDARITY POINTS FUNCTIONALITY
The User may create an account on the Platform through which to acquire Solidarity Points. Each euro is equivalent to one Solidarity Point and vice versa. Users can acquire Solidarity Points through the Platform, making payment through it. The amount of said Solidarity Points is collected by INGKA CENTRES. The equivalent amount of said Solidarity Points is transferred by INGKA CENTRES with the periodicity that INGKA CENTRES decides, which is usually annual, to the Organisation chosen by the User from among those available as informed by INGKA CENTRES through the Platform.
The User may acquire as many Solidarity Points as they wish.
For clarification purposes, Solidarity Points do not constitute a donation to INGKA CENTRES and from INGKA CENTRES to the Organisations, but rather the role of INGKA CENTRES is solely and exclusively to collect the amount equivalent to the Solidarity Points acquired by Users and subsequently transfer them to the Organisation, such transfer not being considered a donation from INGKA CENTRES to the Organisations either. As a consequence, no donation certificate shall be issued by the Organisations, neither to INGKA CENTRES nor to Users.
The transfer by INGKA CENTRES to the Organisation of the amount of Solidarity Points corresponding to it shall be made on the date set by INGKA CENTRES, and may, at INGKA CENTRES' discretion, be accompanied by a public event organised by INGKA for the occasion to which the various Organisations will be invited.
7. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in these Terms and Conditions is declared wholly or partially null or ineffective, such nullity shall only affect said provision or the part thereof that is null or ineffective, the Terms and Conditions remaining in force in all other respects.
8. APPLICABLE LAW AND JURISDICTION
These Terms of use of the Platform are governed by Spanish law.
Any litigious question, dispute or controversy related to the application or interpretation thereof shall be resolved through the courts and tribunals corresponding in accordance with applicable Spanish legislation.
In any case, we inform you that you have the right to request extrajudicial resolution of consumer disputes accessible through this link: Consumer Redress in the EU - European Commission
9. PREVALENCE
These Terms and Conditions more specifically regulate the Solidarity Points functionality, with the general Platform Terms of Use applying subsidiarily. In the event of contradiction between them, these shall prevail.
