Terms & Conditions
1. Introduction
SMILE Association (Registered Non-Profit Organization No. 580701613) (hereinafter: “SMILE”, the “Association”, “we”, “our”, or the “Operator”) operates the website located at www.giveasmile.org (the “Website”) and provides online services through the Internet.
The Website provides, among other services, fundraising and project support services and acts as an intermediary between project owners and/or nonprofit organizations (the “Project Owner”) and donors, contributors, purchasers, and users (collectively, the “Users”).
By browsing the Website, visiting the Website without registration, registering an account, purchasing products or services, making donations, or otherwise using the Website or any of its services, you agree to be bound by these Terms and Conditions.
By using the Website, you acknowledge that you have read, understood, and accepted these Terms and Conditions and agree that neither you nor anyone acting on your behalf shall have any claim against SMILE, its directors, employees, agents, or affiliates arising from your use of the Website.
These Terms and Conditions constitute the exclusive legal agreement governing the relationship between the User and the Website.
SMILE reserves the right to amend these Terms and Conditions at any time at its sole discretion. Any changes shall apply only to services provided after the effective date of such changes. Notice of material changes may be published on the Website. Continued use of the Website following such changes constitutes acceptance of the updated Terms.
Nothing on the Website constitutes a recommendation, solicitation, advice, or endorsement regarding any project, donation, service, or transaction.
These Terms apply to the use of the Website and its content through any computer, mobile phone, tablet, or other communication device.
2. Eligibility
By registering on the Website, you confirm that you are at least eighteen (18) years old and have the legal capacity to enter into binding agreements.
The Website is not intended for persons under the age of 18. If we discover that a user is under the age of 18, we reserve the right to terminate that user’s account.
3. Registration and User Accounts
To create an account, you may be required to provide information including:
- First name;
- Last name;
- Email address.
For donations, purchases, project funding, or other transactions, additional information may be requested, including:
- Telephone number;
- Address;
- National identification number;
- Payment information.
You represent and warrant that:
- all information provided is accurate, complete, and current;
- the email address and telephone number belong to you;
- any payment method used belongs to you and is legally authorized for your use.
Certain information is mandatory and will be clearly identified as such.
You are responsible for maintaining the confidentiality of your password and account credentials and must immediately notify us of any unauthorized use of your account.
SMILE reserves the right to suspend, terminate, or refuse service if it determines, at its sole discretion, that information provided is inaccurate, incomplete, misleading, fraudulent, or otherwise violates these Terms.
You acknowledge that unauthorized access to your account may occur despite reasonable security measures, and you agree that SMILE shall not be liable for damages resulting from unauthorized access.
4. Services Available Through the Website
The services and projects displayed on the Website are provided by third parties and/or project owners.
SMILE does not itself provide, sell, or guarantee any products or services offered by project owners or third parties.
SMILE is not responsible for:
- the quality of services provided by third parties;
- the accuracy of descriptions provided by project owners;
- any representations made by project owners;
- discrepancies between information displayed on the Website and the actual status of any project or organization.
Users are encouraged to independently evaluate each project, service, or product before making any donation or purchase.
5. User Content
Users may not publish content that:
- is unlawful;
- defamatory;
- threatening;
- obscene or sexually explicit;
- discriminatory or hateful;
- infringes intellectual property rights;
- violates privacy rights;
- contains malware or malicious software;
- is unrelated to the Website’s services.
SMILE reserves the right, at its sole discretion, to reject, remove, or modify any content that violates these Terms or may harm SMILE, other users, or third parties.
6. Donations and Project Funding
Users may make donations or support projects without opening an account.
Project supporters understand and agree that donated funds are transferred to SMILE and subsequently transferred to the relevant project owner or nonprofit organization.
Any tax receipt or tax deduction certificate, including certificates under Section 46 of the Israeli Income Tax Ordinance, when applicable, shall be issued by SMILE or by the relevant project owner, as applicable.
Requests relating to donations, receipts, refunds, or tax documentation shall be addressed directly to SMILE or the relevant project owner, depending on who holds the donated funds.
7. Fees and Charges
Registration and access to the Website are free of charge.
Payment processing fees charged by payment providers include:
- 1.2% + VAT for domestic credit card transactions;
- 4.1% + VAT for international transactions.
These fees are deducted from the funds transferred to projects.
Beginning January 1, 2025, SMILE applies a 5% platform and operational fee to all donations made through the platform. This fee is automatically deducted to cover management and operational expenses.
SMILE reserves the right to modify its fees at any time.
Project owners remain solely responsible for all taxes, reporting obligations, and payments related to donations received through the Website.
SMILE reserves the right to waive or reduce fees at its sole discretion.
If a project owner violates these Terms, SMILE may remove the project and retain fees already collected.
If a project owner cannot receive funds for any reason, SMILE reserves the right to transfer donated funds to another project listed on the Website without prior notice.
If a recipient of a voucher fails to redeem it within one year, and following a written reminder notice sent at least one month in advance, SMILE reserves the right to redirect the funds to another project listed on the Website.
All nonprofit organizations presented on the Website undergo due diligence reviews conducted by SMILE.
Users acknowledge that neither valid nonprofit management certification nor tax-deductible status under Section 46 of the Israeli Income Tax Ordinance is a mandatory condition for a project to be listed on the platform.
SMILE reserves the right to suspend any project at any time for identity verification or fraud prevention purposes.
If SMILE determines that a project owner has engaged in fraud or attempted fraud, SMILE may suspend, cancel, refund, or redirect the donated funds without prior notice.
8. Cancellation and Refund Policy
SMILE may cancel transactions if:
- a technical error occurred;
- the user or project owner violated these Terms;
- unlawful activity occurred;
- fraud, impersonation, or incomplete information was provided.
Users may cancel eligible transactions in accordance with the Israeli Consumer Protection Law, 1981.
Cancellation requests may be submitted:
- through the cancellation link available on the Website;
- by telephone at +972-53-222-0002;
- by email at info@giveasmile.me.
Cancellation requests must include:
- full name;
- identification number;
- purchased product or service;
- transaction date;
- contact information.
Refunds will generally be issued within fourteen (14) days following receipt of a valid cancellation request, less cancellation fees permitted by applicable law.
Refunds will be issued to the original payment method used.
Digital Magic Gift vouchers that have already been redeemed are non-refundable.
9. Disclaimer of Liability
Use of the Website is entirely at your own risk.
The Website and all services are provided on an “AS IS” and “AS AVAILABLE” basis.
SMILE does not guarantee uninterrupted access to the Website and shall not be liable for interruptions, delays, technical failures, data loss, or service outages.
SMILE is not responsible for:
- agreements between users and project owners;
- the fulfillment of projects;
- actions or omissions of third parties;
- shipping providers;
- service providers;
- force majeure events;
- delays or failures outside its control.
To the fullest extent permitted by law, SMILE shall not be liable for any indirect, incidental, consequential, punitive, or special damages.
In any event, SMILE’s total liability shall not exceed the amount actually paid by the user for the relevant transaction.
Users agree to indemnify and hold harmless SMILE against any claim, damage, expense, or legal cost arising from their unlawful conduct or violation of these Terms.
10. External Links
The Website may contain links to third-party websites.
SMILE has no control over such websites and accepts no responsibility for their content, policies, or practices.
Access to third-party websites is entirely at the user’s own risk.
11. Intellectual Property
By submitting content to the Website, users grant SMILE a worldwide, irrevocable, perpetual, transferable, sublicensable, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, analyze, display, and otherwise exploit such content, including for commercial purposes.
All trademarks, logos, service marks, designs, and intellectual property appearing on the Website are owned by or licensed to SMILE.
No right, title, or license is granted except as expressly provided herein.
Unauthorized use of any intellectual property is strictly prohibited.
12. Changes and Termination
SMILE reserves the right, at any time and without notice, to:
- modify these Terms;
- suspend or terminate the Website;
- modify or discontinue any service;
- restrict access to any user.
Failure to enforce any provision of these Terms shall not constitute a waiver of any rights.
13. Governing Law and Jurisdiction
These Terms shall be governed exclusively by the laws of the State of Israel.
Any dispute arising from these Terms or from the use of the Website shall be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv-Yafo or Kfar Saba, Israel.
Users agree that any claim against SMILE must be brought within six (6) months of the event giving rise to the claim.
14. Contact Information
We strive to provide an efficient and pleasant experience for all users.
If you have any questions, complaints, or suggestions, please contact us through the Website’s contact page or at:
Email: info@giveasmile.me
SMILE Association wishes you an enjoyable experience using our Website.