Terms and Conditions of Donation on the Portal

PILLARS:

ENVIRONMENT

CULTURE AND ARTISTIC EDUCATION

EMERGENCY AID

Valid and effective as of: February 19, 2025

TERMS AND CONDITIONS OF DONATION ON THE PORTAL

WWW.KOMAREKFOUNDATION.ORG

RELATING TO MONETARY CONTRIBUTIONS PROVIDED WITHIN THE FRAMEWORK OF PUBLIC COLLECTION ORGANIZED BY KAREL KOMÁREK FAMILY FOUNDATION FOR GRANT PROJECTS UNDER THE FOUNDATION SUPPORT PILLARS

1. INTRODUCTORY PROVISIONS

1.1 Karel Komárek Family Foundation, with its registered seat at Evropská 866/71, Prague 6 ‑ Vokovice, 160 00, ID No.: 06212093, registered in the Foundation Register maintained by the Municipal Court in Prague under File no. N 1525, issues these terms and conditions of donation on the portal applicable to all monetary contributions to the public collection provided through the website https://www.komarekfoundation.org.

1.2 A monetary contribution is provided by the donor to the collection account. By providing a monetary contribution to the collection account, the donor expressly and unconditionally agrees to these terms and conditions, acknowledges having read and accepted them, and provides the monetary contribution in accordance with them. These terms and conditions thus form an integral part of each agreement on provision of a monetary contribution to the public collection.

2. DEFINITIONS AND INTERPRETATION

2.1 The following terms, when capitalized in these terms and conditions, have the following meanings:

Agreement	means an agreement on the provision of a monetary contribution to the Public Collection concluded between the Donor and the Foundation, under which the Donor provides a Donation for a verified public benefit purpose within the Public Collection; An Agreement is concluded at the moment the Donation amount is credited to the Collection Account;
Collection Account	means a special bank account no. 2172157003/5500, maintained by Raiffeisenbank a.s., established for the purposes of conductiong the Public Collection;
Donation	means a monetary contribution provided within the public collection ‑ an amount, stated in full Czech crowns, US dollars or Euros, credited by the Donor to the Foundation´s Public Collection Account;
Donor	means an individual or legal entity that has provided a Donation by submitting the Form processed by the Portal system and subsequently transferring the respective monetary funds to the Public Collection on the Collection Account
Foundation	means Karel Komárek Family Foundation, with its registered seat at Evropská 866/71, Prague 6 ‑ Vokovice, 160 00, ID no.: 06212093, registered in the Foundation Register maintained by the Municipal Court in Prague under File no. N 1525. The Foundation is the operator of the Portal and the owner of the Collection Account. Contact person of the Foundation: Marek Haisl e‑mail: [email protected] telephone no.: +420 775 875 866
Form	means an electronic donation form, available on the Portal used for providing the Donations;
Portal	means the website www.komarekfoundation.org used for collecting Donations from Donors;
Public Collection	means a public collection organized by the Foundation to obtain monetary contributions for implementing grant projects within the Foundation support pillars; The Public Collection is organized based on the certificate issued by the Prague City Hall, effective from November 15, 2020, for an indefinite period of time.
Recipient	means the recipient of the Donation selected by the Donor within the Public Collection through the Portal;
Terms and Conditions	means these terms and conditions of donation on the Portal.

3. PROVISION OF DONATIONS AND THEIR CONDITIONS

3.1 Donations are provided to a special Collection Account operated by the Foundation, from which they are subsequently distributed to the relevant Recipients under the Terms and Conditions stated below.

3.2 Na Portálu je pro Dárce k dispozici Formulář obsahující následující informace:

Name and surname (including optional addressing), phone number and e‑mail address of the Donor;
Amount of the Donation (sum, currency);
Payment method;
Name of the Donation Recipient;
optional: whether the Donor requests a confirmation of the Donation;
optional: whether the Donor agrees to the processing of his/her personal data to the extent and for the purposes specified in the link provided for the respective column.

3.3 In the Form, the Donor may select the Recipient to whom he/she wishes to provide a Donation within the Public Collection. A Donation can be made to a Recipient for whom the "Donate" button is active. If it is inactive, it means that the fundraising for that Recipient has already been terminated (most likely due to reaching the target amount).

3.4 For the given Recipient, the Donor shall also indicate the amount he/she wishes to support the given Recipient with. The Donor may choose from the amounts recommended by the Foundation in the Form or may choose its own full amount.

3.5 By sending (submitting) the Form, the Donation is registered and its provision, i.e. payment of the amount declared in the Form, constitutes the conclusion of the Agreement. A written Agreement for individual Donations is neither provided nor generated by the Portal.

3.6 Donations may be given by the Donor using one of the following payment methods available on the Portal. Online payments for the Foundation are processed via ComGate payment gateway operated by ComGate a.s., (ID No.: 27924505), a licensed payment institution supervised by the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

3.7 Donations may be given by the Donor using one of the following payment methods available on the Portal. Online payments for the Foundation are processed via ComGate payment gateway operated by ComGate a.s., (ID No.: 27924505), a licensed payment institution supervised by the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

Possible payment methods and payment process:

online bank transfer to the Collection Account
An immediate payment via online banking or QR code. The ComGate payment gateway redirects the Donor to his/her online banking, where he/she logs in as usual and confirms a pre‑prepared payment order, or enter the Donation amount if necessary.
online credit cardpayment
- via the payment gateway (single or repeated)
  The Donor enters the card number, expiration date and CVC code in the ComGate payment gateway interface. The payment is secured by 3D Secure. The Donor will most likely be required to confirm the transaction.
- through using Apple Pay or Google Pay
  Apple Pay and Google Pay are methods where the Donor makes a payment using a card stored in their Apple Wallet / Google Wallet (eliminating the need to manually enter the card details). After selecting the payment method, there is no redirection to the payment gateway; the Apple Pay / Google Pay payment continues directly within the platform. The Donor will see the card stored in their Apple Pay / Google Pay wallet. If the Donor has multiple cards stored, he/she will select the one he/she wishes to use for payment, and then confirm the payment. For Google Pay, usually in his/her bank´s mobile app. For Apple Pay, if the phone supports Face ID, the payment can be confirmed using the side button of the phone; for devices that do not support biometrics, the payment is confirmed with a password.

Upon payment completion, the Donor is redirected back to the Portal. Payment is confirmed immediately.

In the event of any complications or queries related to the above payments, the Donor may at any time exercise his/her rights at the following contacts:

ComGate a.s.

Gočárova třída 1754/48b, 500 02 Hradec Králové, Czech Republic

e‑mail: platby‑[email protected], tel: +420 228 224 267

3.8 The Donor acknowledge that the provision of a Donation does not entitle him/her to any rights to use trademarks, trade names, Foundation logos or other intellectual or industrial property of the Foundation, Recipients or other persons.

4. HANDLING OF DONATIONS

4.1 The Foundation receives and accepts Donations provided through the Portal to a special Collection Account ,separated from other funds, and manages them in this Collection Account until they are disposed in accordance with these Terms and Conditions.

4.2 The Foundation is bound by the Donor's instructions regarding the Donation Recipient and commits to transferring the received Donation to the account of the Recipient(s) designated by the Donor.

5. PERSONAL DATA PROCESSING RULES

5.1 The Donor acknowledges that a Form completed by him/her will be delivered to the Foundation, and that the personal data provided in the Form will be processed by the Foundation in accordance with the declaration on personal data protection and cookies, which are available on the Foundation's website (portal) in the document Personal Data Protection Policy.

5.2 The Donor further acknowledges that he/she may be regularly informed by the Foundation about the Foundation's projects, activities, and other endeavors, based on the Foundation's legitimate interest consisting in offering foundation support and other services aimed at fulfilling the Foundation's purpose. In case the Donor does not wish to receive these informational communication, he/she has the right to withdraw his/her consent at any time, through a simple procedure outlined in the respective communication.

5.3 The Donor further acknowledges that, if he/she consents, his/her personal data will be further processed in accordance with the consent granted the Donor, which the Donor is entitled to withdraw at any time.

6. CONFIRMATION OF DONATION

6.1 The Donor may deduct the value of a provided Donation from his/her tax base provided that the conditions of Act No. 586/1992 Coll., on income tax, as amended (“ITA”) are met, in particular the provisions of Section 15 (1) ITA for natural persons and Section 20 (8) ITA for legal entities.

6.2 If the Donor select in the Form the option to receive a Donation confirmation, the Foundation will send the confirmation to the Donor´s e‑mail address indicated in the Form no later than 30 calendar days from the crediting of the Donation to the Collection Account. The confirmation will state the purpose for which the Donation was received (accepted).

6.3 By providing the Donation, the Donor confirms that all information provided is true, that he/she is the rightful and is the eligible recipient of the Donation confirmation of the Donation for tax purposes.

6.4 By providing the Donation, the Donor also declares that the provided funds originate from legal sources.

7. FINAL PROVISIONS

7.1 These Terms and Conditions and all rights and obligations arising from and/or in connection with them are governed by Czech law, in particular by Act No. 117/2001 Coll., on Public Collections, and amending certain acts (the Public Collection Act), as amended.

7.2 In case any provision of these Terms and Conditions, or any part thereof, is prove to be invalid, ineffective or unenforceable, this will not affect the validity or effectiveness of the Terms and Conditions as a whole or their remaining provisions or parts thereof.

7.3 These Terms and Conditions are valid and effective as of September 16, 2024.