1. DEFINITIONS
Within the meaning of these General Terms and Conditions:
1.1. “PHINMA Foundation, Inc.” is a non-stock non-profit organization which was established on June 23, 1989, with business address in PHINMA Plaza, 39 Plaza Drive, Rockwell Center, Makati City, Philippines.
1.2. “PHINMA” is a Philippine conglomerate and public company listed with the Philippine Stock Exchange (PSE) under the trading symbol PHN. PHINMA seeks to make lives better through successfully run and profitable businesses in education, construction materials, property development and hospitality. PHINMA aims to serve the growing demands of Filipino families: from facilities that cater to the needs of travelers and homeowners, construction materials needed to support infrastructure programs, to quality education within the financial reach of underprivileged students.
1.3. “PHINMA Education Holdings Inc.” seeks to provide quality, affordable tertiary education to underserved youth, equipping them with professional and vocational training that supports gainful employment. Guided by PHINMA’s mission to ‘Make Lives Better Through Education,’ it is one of the largest private higher education groups in Southeast Asia, serving around 167,000 students through its fast-growing network of colleges and universities, including ten in the Philippines and one in Indonesia.
1.4. “KKR” is a leading global investment firm. KKR invested in PHINMA Education from its Global Impact Fund II, which targets companies whose core business contributes meaningfully towards one or more of the United Nations Sustainable Development Goals (SDGs). PHINMA Education’s mission directly contributes toward SDG 4 (Quality Education).
1.5. “xxxxxxx”[project name for consultation with PFI/PEHI] initiative is a program for donations in support for the students of PHINMA schools.
1.6. “DONOR” is a person donating on a one-time or regular monthly basis a fixed amount in support of PHINMA Foundation Inc.’s activities, referred to as DONOR or DONORS in these General Terms and Conditions.
2. GENERAL PROVISIONS
2.1. In accordance with its Articles of Incorporation and its mission, PHINMA Foundation Inc. is one with the PHINMA Group in its mission to make life better for all Filipinos. The Foundation channels its support for projects that are in line with the PHINMA Group’s businesses. PHINMA Foundation Inc. has prioritized support for education programs, while also supporting projects that aim to preserve our culture, protect the environment, promote health, and support livelihood and religious causes.
2.2. PHINMA Foundation, Inc. has the right to receive funds from private individuals to support its mission and it has developed the said donation program for this purpose.
2.3. The DONOR agrees to support the abovementioned program of PHINMA Foundation Inc. PHINMA Foundation Inc. gratefully recognizes the DONOR’s desire to help in its work in accordance with the terms and conditions of this initiative.
3. DONATION METHODS
3.1. One-off online donations
One-off online donations are made by credit card through the web-based platform for payment via PHINMA Foundation Inc.’s website [ xxxxxxxxxxxxxxxxxxxxx indicate weblink].
After choosing an amount for one-off donation and completing the contact form, the Donor is transferred to Paynamics Technologies, Inc.’s website xxxxxxxxxxxx where the Donor selects the preferred method of payment. The donations are made through a registered credit card (MasterCard, Visa, JCB or Amex).
The Donor should complete all required fields and confirm the donation.
The online donations are processed in accordance with the general terms and conditions of the system of Paynamics Technologies, Inc.
3.2. Monthly donations through credit card [Per PEHI: ok to include this option in case doable ℅ Paynamics]
The registration of monthly donations is made via PHINMA Foundation Inc.’s [ xxxxxxxxxxxxxxxxxxxxx indicate weblink] which transfers the DONOR to Paynamics Technologies, Inc.’s website. where donor can opt to enroll their card.
If the DONOR opts for monthly/recurring donations, the DONOR shall enroll their credit card. This enrollment goes through a secure platform through Paynamics Technologies Inc.
After registration, the amount of monthly donation by the DONOR is transferred automatically every month to PHINMA Foundation, Inc. The transaction fees will be based on the DONOR’s corresponding issuing bank’s terms and conditions.
The DONOR may cancel or terminate the monthly donations, by informing PHINMA’s representatives by e-mail. However, any processed donations are non-refundable anymore unless there are valid disputes.
The DONOR may change the amount of the monthly donations by (1) terminating the active subscription as described above, and (2) making a new registration for the new/revised amount following the steps in 3.2.
4. USE OF THE FUNDS
4.1. The funds provided by the DONOR, net of transaction fees, will be transferred by PHINMA Foundation Inc. to PEHI who will subsequently allocate funds for students of PHINMA Schools for use in their daily expenses.
5. COMMUNICATION AND REPORTING
5.1. The DONOR provides their personal data voluntarily and agrees that PHINMA Foundation, Inc. will process and store them in relation to the implementation of this initiative. Should there be any changes in the correspondence and contact information provided, the DONOR will immediately notify PHINMA Foundation, Inc. at the official email address provided in Section 9.
5.2. PEHI Team to advise if this may be included >> PHINMA Education Holdings, Inc., may send the DONOR information about the use of the funds donated via email, at the DONOR’s request.
5.3. PHINMA Foundation, Inc. is a non-profit organization, and donations may be eligible for tax deductions as permitted by Philippine tax laws. DONORS are encouraged to consult with a tax professional to determine their eligibility for tax benefits.
6. PHINMA FOUNDATION, INC.’S RESPONSIILITIES
6.1. PHINMA Foundation, Inc. will report the contribution made to its Management in accordance with its standard procedures regarding donations.
7. USE OF PHINMA FOUNDATION, INC.’S NAME AND LOGO
7.1. The DONOR agrees that no communication materials related to the DONOR’s contribution to PHINMA Foundation, Inc.’s initiative will be developed, produced or disseminated, without acquiring explicit written consent from PHINMA Foundation, Inc.
7.2. The DONOR shall not use in any way the PHINMA Foundation, Inc. or PHINMA’s logo, name or any parts of it, without acquiring explicit written consent from PHINMA Foundation, Inc.
7.3. The DONOR shall not misuse, fail to uphold, or violate PHINMA Foundation Inc.’s right to designation. This provision shall remain in effect even after the expiration or early termination of the individual donation agreement for participation in this initiative.
8. DECLARATIONS AND RESPONSIBILITIES
8.1. The DONOR is responsible and guarantees to PHINMA Foundation, Inc. that neither the DONOR nor an individual or a legal entity that the DONOR controls or is controlled by the DONOR or that is under joint control with the DONOR: а) takes part in the sale or production of anti-personnel mines, or b) uses child labor in carrying out its economic operations. The DONOR recognizes and agrees that any violation of this provision is a violation of an essential term under the individual contract for donation for participation in this initiative which gives PHINMA Foundation, Inc. the right to terminate the latter immediately by a written notice to the DONOR.
9. ADDRESS AND CONTACT PERSON IN RELATION TO PHINMA FOUNDATION, INC.’s INITIATIVE
9.1. PHINMA Foundation, Inc. designates contacts in relation to the initiative as also posted in the PHINMA Foundation, Inc.’s website: www.phinmafoundation.org
Telephone: (+63) 88700100
Email: [PFI Team to advise contact person]
10.2. Address for correspondence with PHINMA Foundation, Inc.:
PHINMA Plaza, 39 Plaza Drive, Rockwell Center, Makati City, zip code 1200, Philippines
12. DISPUTE RESOLUTION
11.1. PHINMA Foundation, Inc. and the DONOR will make the best efforts to achieve an amicable agreement in the event of challenges, disputes, claims or complaints arising in relation to or referring to the individual contract for donation for participation in PHINMA Foundation Inc.’s initiative.
11.2. Any legal action or proceeding arising out of or connected with this PHINMA Foundation Inc.’s initiative and all related documents shall be brought in the proper court of Makati City, Philippines, to the exclusion of all other courts. PHINMA Foundation, Inc. and the DONOR hereby irrevocably submit to such venue.
12. OTHER PROVISIONS
12.1. Upon participating in this initiative of PHINMA Foundation, Inc., the DONOR accepts these General Terms and Conditions and agrees to abide by them.
12.2. PHINMA Foundation, Inc. has the right to amend these General Terms and Conditions and to update their last version on the organization’s website.
12.3. The DONOR guarantees that no employee of PHINMA Foundation, Inc. has received nor will be offered to receive any direct or indirect benefits arising from the participation of the DONOR in this initiative.
14.4. The DONOR will abide by all laws, regulations and rules related to the fulfilment of the obligations under these General Terms and Conditions for participation in this initiative of PHINMA Foundation, Inc.
14.5. The DONOR does not have the right to assign, transfer or in any other way provide his rights, claims or responsibilities for the participation in this initiative of PHINMA Foundation, Inc. unless with the prior written consent of PHINMA Foundation, Inc.
14.6. These General Terms and Conditions were approved and published on PHINMA Foundation, Inc.’s website on [Date to be indicated by PFI team once finalized].