5alas Terms & Conditions for Donators

1. Definitions and Interpretation

1.1 Unless the context otherwise requires, in these Terms and Conditions:

• Goods means any items provided by a Supplier for fulfilment of an order placed through the 5alas Platform.
• Order Confirmation means the electronic confirmation provided by 5alas to a Donator detailing, inter alia, the items ordered and the Supplier engaged through the 5alas Platform.
• Order Price means the price payable by a Donator for the purchase of goods from a Supplier for fulfilment of the order, including any platform fees charged by 5alas.
• Claims has the meaning provided in Clause 6.
• Supplier Terms means the Supplier's general terms and conditions for the sale and delivery of goods, as agreed during the order process.
• Control means ownership or control of more than 50% of shares, voting rights, or the right to appoint/remove a majority of directors or equivalent officers.
• Designated Person means a person or entity subject to sanctions or restrictions under applicable law.
• Funds means any monies received from the Donator and which are within 5alas' possession or control.
• Indemnitee means 5alas, any affiliated company, and their officers, directors, shareholders, employees, agents, and subcontractors.
• Order means the purchase and delivery of Goods placed through the 5alas Platform.
• Laws means all applicable laws, statutes, and regulations relating to anti-bribery, anti-corruption, anti-money laundering, terrorist financing, sanctions, and other relevant business practices.
• Donator means any person registered with 5alas and entitled to utilise the 5alas Platform to purchase Goods for charitable purposes.
• Supplier means a third-party independent supplier that provides Goods for an Order.
• Recipient means any person receiving Goods from a Mosque, other than mosque staff or volunteers, as part of distribution facilitated by 5alas.
• Mosque means a mosque registered with 5alas where Goods are delivered for onward distribution to Recipients.
• Sanctions means political, economic, or trade restrictions implemented against countries, entities, or individuals by relevant authorities.
• Supplementary Invoice means an invoice for any costs, charges, or expenses which arise out of the fulfilment of an Order but fall outside the scope of the Order Price.
• 5alas Platform means the charity platform available at www.5alas.com, by telephone, and via email, through which Donators may place Orders with Suppliers for delivery to Mosques for distribution.

1.2 In these Terms and Conditions:

1.2.1 Headings are for convenience only and shall not affect interpretation.

1.2.2 In the event of conflict between these Terms and Conditions and a Supplier's Terms, these Terms and Conditions shall prevail as between 5alas and Donators.

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2. Use of the 5alas Platform

2.1 Only registered Donators may place Orders through the 5alas Platform.

2.2 Donators engage 5alas to act solely as a facilitator in arranging the purchase of Goods from Suppliers and delivery to Mosques for distribution to people in need.

2.3 Donators acknowledge that:

• 5alas is not a Supplier or distributor and does not own or deliver Goods.
• All Goods are supplied and delivered by independent Suppliers subject to their own Supplier Terms.
• These Terms and Conditions do not constitute a contract for sale or delivery between 5alas and Donators.
• Donators are of sufficient legal age and capacity to enter into binding agreements.

2.4 No third party may access the 5alas Platform or make Orders on behalf of a Donator unless expressly authorised to do so.

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3. Orders

3.1 A Donator may use the 5alas Platform to request the purchase of Goods from a Supplier.

3.2 Acceptance of the Order Price occurs upon payment by the Donator of:

• 30% deposit where delivery is more than 30 days away; or
• 100% of the Order Price where delivery is within 30 days.

3.3 Upon acceptance, 5alas will issue an Order Confirmation.

3.4 Balances must be paid no later than 30 days before delivery. Failure to do so may result in cancellation, with refunds subject to deductions for 5alas' platform fee and Supplier cancellation charges.

3.5 If Goods become unavailable, 5alas will notify the Donator, and a refund will be issued for sums paid to 5alas but not already passed to the Supplier.

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4. General Terms

4.1 Variations to Orders may incur additional charges.

4.2 Donators and Recipients are responsible for compliance with Supplier delivery terms and mosque distribution protocols.

4.3 Disputes about eligibility or goods received must be raised through the 5alas Platform and not directly with mosque staff.

4.4 Donators must ensure all contact details provided to 5alas are accurate and up to date.

4.5 No refunds shall be given for Goods not collected or used once distributed.

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5. Payment

5.1 Accepted methods: bank transfer, debit/credit card, and online payment systems listed on the 5alas website.

5.2 Prices are quoted in GBP, EUR, or USD.

5.3 Donators are responsible for bank or exchange fees.

5.4 Funds will be held in client deposit accounts by 5alas until passed to the Supplier.

5.5 Interest earned on such accounts will accrue to 5alas.

5.6 Optional Mosque Donation: Donators may elect to add a 7.5% contribution to support the mosque's role in distribution. This sum is held by 5alas and released only after delivery is confirmed by the Supplier and distribution confirmed by the Mosque. This contribution is non-refundable once distribution is confirmed.

5.7 Gift Aid: UK taxpayers may apply Gift Aid to eligible voluntary donations. Gift Aid cannot be applied to purchases of Goods. 5alas will claim Gift Aid in accordance with HMRC rules.

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6. Liability and Indemnity

6.1 To the fullest extent permitted by law, 5alas accepts no liability for losses, delays, or non-performance relating to Orders fulfilled by Suppliers or distributed by Mosques.

6.2 Donators' sole recourse for claims is against the Supplier.

6.3 Donators agree to indemnify 5alas against claims, losses, or damages arising from their use of the Platform, except where caused by 5alas' gross negligence or wilful misconduct.

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7. Miscellaneous

7.1 These Terms and Conditions constitute the entire agreement between 5alas and Donators.

7.2 5alas may amend these Terms at any time; existing Orders remain subject to the Terms in force at the time of Order.

7.3 Donators may not assign rights under these Terms.

7.4 5alas' Privacy Policy governs the processing of Donators' personal data.

7.5 Donators acknowledge that their personal data may be shared with Suppliers and Mosques solely for fulfilment and verification of Orders.

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8. Law and Jurisdiction

8.1 These Terms shall be governed by and construed in accordance with English law.

8.2 The courts of England shall have exclusive jurisdiction, though 5alas may bring proceedings in other jurisdictions where appropriate.

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9. Prohibited Conduct and Sanctions

9.1 Donators represent and warrant that they:

• Comply with all applicable laws.
• Do not provide funds derived from illegal activity.
• Are not a Designated Person or subject to Sanctions.
• Will not use the 5alas Platform in any way that breaches laws or sanctions.

9.2 5alas may suspend or cancel Orders or memberships immediately where Sanctions risks arise.

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Last updated: September 2024.

We recommend you check this page regularly for updates.