Conditions Applicable For The Use Of The Platform
Important: On February 20th 2023 Alaya SA became Benevity SA, these Conditions Applicable For the Use Of The Platform have been updated to reflect our new legal name. All references to Benevity herein refer to Benevity SA, Quai de l’Ile 13, 1204 Geneva, Switzerland.
1. In general
1.1. Definitions. Unless otherwise stated, terms starting with an upper-case in the present Conditions Applicable for the Use of the Platform convey the meaning attributed to them in art. 1 of the general terms and conditions or otherwise in the present conditions.
1.2. Relation with the general terms and conditions. These Conditions Applicable for the Use of the Platform apply in addition to the general terms and conditions and other documents included in the Contractual Documentation. In the event of any discrepancy between the general terms and conditions and these Conditions Applicable for the Use of the Platform, the latter shall prevail.
2.1. Benevity offers Employees access to the Platform and the ability to (i) perform certain Benefits through the Platform in favor of Beneficiaries and (ii) undertake various Actions.
2.2. The purpose of these Conditions Applicable for the Use of the Platform is to set out the relationship between the Employee, Beneficiaries and Benevity during the use of the Platform by Users and in particular when they provide Benefits to Beneficiaries.
3. Use of the platform - in general
3.1. If the User does not yet have a user account, the User will be asked to register and accept the Contractual Documentation.
3.2. Only Employees authorized by an Employer may claim to be admitted to the Platform following their registration and only certain Employees (ambassadors, champions or superusers) may insert Proposals (as defined in section 4.2 below) on the Platform.
3.4. Benevity generally only admits Beneficiaries who meet certain criteria set by Benevity. Employers may limit the number and type of Beneficiaries available to Employees or add Beneficiaries not previously approved by Benevity. Employer added Beneficiaries will only be visible and accessible to their Employees and will not be accessible to other Clients. Benevity uses reasonable efforts to ensure that the Beneficiaries it admits to the Platform are non-profit and meet the criteria set by Benevity. However, Benevity is not required to systematically verify that a Beneficiary meets the criteria set out initially. Further, Benevity is not responsible for the Beneficiaries added to the Platform by Users.
3.6 Benevity reserves the right to suspend or restrict access to the Platform to Users to comply with local laws and regulations. In such cases Benevity will notify the Client as soon as possible.
4. Contractual relations
4.1. Benevity, through the Platform, facilitates the direct conclusion of a Service Agreement between an Employee (respectively his/her Employer) and (a) Beneficiary(ies) for the Benefits. Benevity acts solely as an independent intermediary and/or IT service provider (art. 2.2 of the General Terms and Conditions).
4.2. Beneficiaries, Benevity or Employees may propose on the Platform services to be rendered ( "Proposals") or activities, events or actions ( "Actions") to be undertaken in favor of Beneficiaries (collectively “Benefits”) so that Employees may respond to them and provide the related Benefit in favor of such Beneficiary(ies) or undertake the proposed Action.
5. Service agreement - in general
5.1. The Service Agreement is the contract entered into by an Employee (respectively his/her Employer) and a Beneficiary by which the Employee provides Benefits to such Beneficiary.
5.3. The Beneficiary or the Employee may add possible conditions to the services required through a Proposal in addition to the Contractual Documentation.
5.4. The Service Agreement may be free of charge, when the Services are rendered for free by an Employee in favor of a Beneficiary or paying, when the Service Agreement concerns a donation for example.
5.5. Benevity may provide special terms and conditions applicable to certain Benefits, as set forth in Section 3.1(d)(iv) of the Terms and Conditions. Such special terms and conditions are an integral part of the Service Agreement as well as the entire Contractual Documentation.
6. Service agreement - conclusion
6.1. In case of a proposal with "automatic acceptance". In the event that a Beneficiary, Benevity or an Employee issues a Proposal and indicates that participation is automatic, then the Proposal constitutes an offer ("Offer"). The Service Agreement is entered into upon acceptance of the Offer by an Employee at the time the Employee begins to provide the Benefit.
6.2. In case of a proposal with "request for confirmation". If the Proposal is not accompanied by the mention "automatic participation", then this constitutes a call for the submission of an Offer. The Employee, by formulating his/her wish to provide a Benefit on the Platform, thus submits an offer to the Beneficiary ("Employee’s Offer"). The Service Agreement is concluded as soon as the Beneficiary accepts the Employee’s Offer via the dedicated button on the Platform.
6.3. The data recorded by Benevity on the Platform constitutes proof of the invitation to submit an offer, the offer and/or the acceptance to render, respectively receive, a Benefit.
7. Service contract — required information
7.1. To make Proposals on the Platform, the User must be registered and authorized by their Employer. Benevity may, however, directly submit Proposals in the name and on behalf of Beneficiaries.
7.2. Information about the Beneficiaries of the Services is displayed on the page of the Platform dedicated to the Beneficiaries or on the page dedicated to the Proposal suggested by him/her, Benevity or an Employee in its favor.
8. Proposals - commitments of user
8.1. It is the sole responsibility of the User making a Proposal on the Platform to indicate the conditions relating thereto in a clear, correct and exhaustive manner. Benevity cannot be held liable in the event of the User’s failure to do so.
8.2. The User submitting a Proposal indicates the essential information relating to the event, activity or object for which he/she wishes to have Employees render Benefits. In particular, the User establishes a description of the Proposal and may provide duly authorised and licensed photos, as well as the places, dates and time slots at which they propose the activities or events. The User must include information about the risks and restrictions of use (e.g., age and height restrictions; special prescriptions in the event of illness, pregnancy, etc.).
8.3. It is the sole responsibility of the User to make Proposals on the Platform for real events or activities and to be able to provide the service that the Employee has accepted, or for which he/she has submitted an Offer, at the date and time chosen by the Employee. Benevity cannot be held liable for any failure of a User in this regard.
8.4. It is the sole responsibility of the User proposing or offering a Benefit to take all appropriate security measures, including possible insurance. Benevity shall not have any liability for any property damage or personal injury (including death) which User’s may incur due to participation in a volunteer opportunity proposed via the Platform.
8.5. Benevity reserves the right to limit the duration of announcements of events or activities on the Platform.
8.6. The User is required to inform Benevity of any applicable fees and taxes at the location of the event (e.g., entertainment tax) and agrees to provide Benevity with all necessary information to enable Benevity to collect any applicable fees and taxes and to fulfill any other obligations in this regard.
8.7 Benevity reserves the right in its sole discretion to reject Proposals or suspend activities at any time in certain territories to comply with applicable laws and regulations.
9. Services - commitments of the user
It is the sole responsibility of the User to commit to providing Services that he/she is able to render. Benevity shall not be liable to a Beneficiary for any failure of a User to perform the Benefits.
10.1. Any payments made through the Platform (e.g., for donations) are made through the financial institutions that are partners of Benevity so that no financial information is transmitted during payments through Benevity's servers.
10.2. Users, if they wish to receive payments and, in some cases, operate payments, are invited to create a profile with Benevity's financial services providers.
10.4 If you are donating money to a Beneficiary, then such donation may be disbursed either via Benevity’s financial partners on the Platform or via the Benevity Disbursement Solution.
- “Benevity System” refers to the payment widget made available on the Benevity Platform;
- “You” refers to Employees, and
- “Localized Experience” as detailed in the SaaS Agreement corresponds to the charitable foundation that is presented to the End User at the time of the donation.
7.1 Donations to Foundations. As outlined in the user information and FAQs located under the “Help” section, the employee donation program and other donation programs use one or more charities (each, a “Foundation”) to (a) provide timely donation receipts or acknowledgements to you (b) facilitate the aggregation of donations and employer or Matching Partner matching amounts and (c) facilitate monthly distributions to charities and non-profits (“Causes”) in the applicable jurisdiction(s). The current list of Foundations by Localized Experience is outlined in the chart below. In order to utilize this aggregating mechanism and ensure adherence to applicable charity and tax laws, you (“Donor”) must acknowledge that your selection of the recipient Cause on the Benevity System (“Donor Recommendation”) is a recommendation only to the applicable Foundation. Although as a practical matter this Donor Recommendation is generally followed, the Foundation must retain all discretion as to whether to follow such Donor Recommendation. You further acknowledge that no distribution to a Cause may be used in whole or in part to discharge an obligation that is legally enforceable against you or any other person, or to pay in full or in part for goods or services of more than nominal value (i.e. club memberships, dinners, tuition etc.) or any other private benefit received by you or any other person affiliated with you. You acknowledge that all donations made through the System are non-refundable. Note that you may at any time change your settings on your Personal Dashboard to stop or change future recurring payroll donations or future recurring credit card donations. Such changes will not be effective for the next scheduled payment if such amounts are committed or in process.
If your employer or the Corporate Sponsor (as applicable) has requested that cross-border donations (“Benevity One World”) be activated, you may be able to donate to non-profits or foreign charities through the UK Online Giving Foundation but generally on a non-tax effective basis; and in such case the UK Online Giving Foundation will be the applicable Foundation as related to donations to non-profits that are not registered charities, and to donations to charities outside of the country corresponding to your Localized Experience.
Table 1: Aggregating and disbursing Foundations
The below table is for informational purposes and outlines the different Instances that may be utilized by Benevity’s clients in their Giving Programs: