Terms of use

Definitions

“Charity” is a non-governmental, non-profit organization established and operating as a charitable organization in accordance with the applicable laws of the country of its registration, on behalf of which Genome collects Donations.

“Donation” means a payment transaction aimed to transfer the monetary funds to a Charity as non-refundable financial assistance to the Ukrainian civilian population.

“Genome®” means the business name of UAB "Maneuver LT", a legal entity registered in Lithuania with its registration number 304785124 and registered address at Žalgirio g. 92-710 - Vilnius - LT-09303 - Lithuania, having electronic money institution license # 32 issued by the Bank of Lithuania on March 29, 2018.

"Payer" means a natural or legal person who initiates a Donation transaction or gives instructions to Us to transfer a Donation.

“We”, “Our” and “Us” refers to Genome;

“You” and “Your” refers to Payer or any user, either natural or legal person, of this Website.

“Website” means save-ukraine.genome.eu

Roles and responsibilities

Genome acts under these Terms of Use exclusively as a payment agent of the relevant Charity. Genome provides services of collecting Donations on behalf of the Charities, aggregating and transferring them on a permanent basis to the relevant Charity.

Genome is not a final receiver of the Donations and is not a non-profit charitable organization. Once You confirm to Us through the Website that You wish to proceed with a Donation, Your credit or debit card transaction will be processed by the bank acquirer who is Genome’s contractor.

If You want to make the Donation through SEPA transfer, the relevant payment details including the account number are placed on the Website. You can use the provided details and make transfer following the relevant payment procedures of Your bank or other payment service provider. The terms and conditions of the agreement between You and Your bank or other payment service provider shall apply to such transaction.

Genome collects the Donations made by different Payers, aggregates, and transfers them to the Charity.

What charity can You donate to

Charities are non-profit organizations independent from Genome. You can choose what Charity to make a Donation to. All Charities are proven non-profit organizations that successfully completed Genome’s due diligence and KYC procedures. Genome cooperates only with Charities, which purpose lies in helping the Ukrainian civilian population. All funds incoming from Payers shall be owned by/due to the relevant Charity, except only to reimbursements provided by contract between Genome and Charity.

Fees, Refunds and Recurring Donations

Genome does not charge any fees for Donations made. However, card scheme organizations (e.g. VISA or MasterCard), card issuing banks, acquiring banks or other participating parties may apply fees related to Donation transaction processing.

Please be aware that Donations are not refundable. You agree that We consider any Donation transaction executed as per Your instructions as duly authorized by You personally.

Genome does not allow recurring Donation transactions, which means that You will not be debited or requested any funds from Your credit or debit card on any regular basis.

If you make SEPA transfer, relevant fees and charges of Your bank or other payment service provider shall apply to such transaction. Please check the fee policy of Your bank or other payment service provider before initiating the transaction in favor of the Charity.

Data protection

5.1. To provide service and safeguard the prevention, investigation, and detection of payment fraud, We process Your personal data.

5.2. You should be aware that We act as a data controller, and You act as a data subject; therefore, We are subject to respective rights and obligations under applicable data protection laws. The terms personal data, data subject, data controller and data processor are used in the meaning given by the General Data Protection Regulation (GDPR).

5.3. When You are a business, You may transfer to Us the personal data of Your Representatives. In such cases, You and We are joint data controllers and bear several liability for data protection infringements. You shall warrant that You have appropriate legal grounds to collect, process and transfer to third parties personal data of Your representatives.

5.4. We access, process, and retain only those personal data that are necessary for the provision of Our services.

5.5. For more details regarding data protection and processing, please refer to Our Privacy Notice.

Intellectual property

Any and all titles, interests, and intellectual property rights that exist now, and all such titles, interests and rights subsequently acquired by Us to this Website, in its entirety, including without limitation to all information, content and material contained therein, are owned or licensed by Us and are protected by intellectual property laws and/or international treaty provisions.

You acknowledge that, under no circumstances, You will acquire any title to or interest in any part of the Website or its contents. You may not reproduce, store, share, distribute or use any of the information, content and material contained on this Website, either in whole or in part, without Our or the respective owner’s prior written consent.

“Genome” name and logos and other trademarks, graphics, icons, names and logos used or displayed on or through this Website are trademarks, trade dress and / or service marks of Genome, Our affiliates or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genome.

You must not copy or use any of the abovementioned trademarks, trade dress and/or service marks, in whole or in part, without Our and the respective owner’s prior written consent.

Our Liability

If You (Payer) initiate properly the Donation credit or debit card transaction and the transaction is not executed or executed improperly, We, at Your request, shall immediately and without charge take measures to trace the transaction and to inform You about the results of the search.

In case of the improper execution of the transactions, We are liable only for direct damages due to Our fault. We are not liable for third parties’ mistakes.

We are not liable for the indirect losses incurred by You and related to a not executed transaction or improperly executed transaction.

You accept and agree that to the fullest extent permitted under the applicable laws and regulations We shall not be liable:

7.1. For any viruses or other malware suffered by the computer or other system, software or equipment therefrom You access and use this Website;

7.2. For non-performance or breach of these Terms of Use and any losses or damages You incur in the result of such non-performance or breach because of errors, illegal intervention, viruses or other malware suffered by Our Website or other Genome’s system;

7.3. For any costs, fees and charges, including costs on currency conversion (where applicable), of persons related to the execution of transactions, such as banks or payment service providers and international payment card associations or networks, as well as for acts, errors or omissions of the same with respect to Your funds;

7.4. For any losses or damages You incur as the result of Your failure to comply with the applicable laws and regulations;

7.5. For non-performance or breach of these Terms of Use or delay in performance of Our obligations under these Terms of Use, as well as for any losses or damages You incur in the result of such non-performance, breach or delay, if it was caused by abnormal and unforeseeable circumstances beyond Our control or the control of intermediary affected on which We rely when perform obligations hereunder, including without limitation Your or third parties’ actions or inactivity, bank delays, acts of God, war (whether declared or not), acts of terrorism, invasion, fire, strikes, lock-outs or any other industrial action, acts, decisions, regulations, restrictions of any competent authorities, malfunction or unavailability of Internet, telecommunications, networks, computer or other systems, major operational or security incidents, or other circumstances beyond Our control, which make it practically impossible for Us to comply with the provisions of these Terms of Use. We will take all reasonable efforts to end such circumstances, as well as will notify You about their occurrence as soon as reasonably possible.

Disclaimer

The Website and its contents available to you are provided on an “as is” and “as available” basis with no warranties whatsoever. Genome does not assume any liability whatsoever and disclaim any responsibility for any consequences resulting from Your access or use of the Website and its contents.

You understand and agree that Your access and use of the Website and its contents are entirely at Your sole discretion and at Your own risk and You will be solely responsible for any consequences resulting from Your access or use of the Website and its contents.

We do not guarantee that the Website will be undisturbed or error-free or will be available anywhere, any time and to all users. We specifically and explicitly disclaim, to the fullest extent permitted by law, any and all representations, guarantees and warranties (expressed, implied, statutory or otherwise) with respect to the Website and its contents, including, without limitation, warranties as to accuracy, performance, merchantability, fitness for a particular purpose, and non-infringement.

How these Terms of Use may be changed

We reserve the right to unilaterally change these Terms of Use at any time for any of the reasons.

The revised version will be in effect immediately and be noted by updated date to the end of such terms and conditions. Every time You wish to use Our Website, please check these Terms of Use to ensure You understand the terms that apply at that time. By continuing using the Website, You accept the changes.

Severability

All provisions of these Terms of Use are distinct and severable. If any court or other authority of competent jurisdiction finds any provision or part of any provision of these Terms of Use to be invalid, unenforceable or illegal, this shall not impair the operation of these Terms of Use or affect the other provisions, which are valid.

If any provision or part of any provision of these Terms of Use is inconsistent with the applicable laws and regulations, the requirements of the applicable laws and regulations override these Terms of Use in the part of their inconsistency.

Governing law

The construction, validity and performance of these Terms of Use, as well as any rights, obligations, claims or disputes arising out of them shall be governed in all respects by the laws of the Republic of Lithuania without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.

The competent courts in the Republic of Lithuania shall have exclusive jurisdiction in any legal matter arising from or related to these Terms of Use, save for cases when a dispute shall be resolved by the competent courts of another jurisdiction according to the requirements of EU legislation. Nothing standing above shall prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

Contacts

If You have any questions or complaints relating to the use of this Website, You may contact Us using contact details placed below. We will take all reasonable efforts to consider, settle and provide a reply to You promptly.

E-mail: support@genome.eu

Site: /contact-us

Address: Žalgirio g. 92-710, LT-09303, Vilnius, Republic of Lithuania

Please consider that all communications with Us are subject to Our working hours. Genome working hours can be found here.

These Terms of Use last modified on July 21, 2022