TAMA – User Terms & Conditions

1. Introduction & Acceptance

By accessing or using this platform ("TAMA") or making a donation (one-time or recurring) via TAMA, you expressly agree to be bound by these Terms & Conditions (the “Terms”). You should read these Terms carefully before making any donation. If you do not agree to these Terms, you must immediately cease using the platform and must not make any donation. You acknowledge that TAMA is operated by Partit Nazzjonalista (the “Party”) [registered office: [Complete registered office address to be inserted], registration number: [Complete registration number to be inserted]] and is subject to Maltese law including the Financing of Political Parties Act (Cap. 544 of the Laws of Malta) and any regulations made thereunder. You further acknowledge that all donations require full donor identification and that anonymous donations are strictly prohibited.

2. Eligibility & Donor Identity

• Only natural persons who are citizens or residents of Malta and who are at least 16 years of age, or legal entities registered or having a place of business in Malta, who are legally entitled under Maltese law (including the Financing of Political Parties Act) to make political donations may use TAMA. All donors must provide complete identification information as specified in section 2 before any donation will be accepted. The Party shall reject donations from foreign persons or entities (except to the extent expressly permitted under the Financing of Political Parties Act), any donors prohibited under the Financing of Political Parties Act or other applicable legislation, or any donor who fails to provide complete identification information as required by section 2 of these Terms.
• Your identity must be verified for all donations regardless of amount. You must provide: (a) your full legal name; (b) your residential address; (c) your Maltese national identity card number (for Maltese citizens) or passport number and nationality (for non-Maltese citizens); (d) your date of birth; (e) your email address and telephone number; and (f) for legal entities, the entity's registered name, registration number, registered office address, and details of beneficial owners as required under the Prevention of Money Laundering and Funding of Terrorism Regulations (S.L. 373.01). This verification must be completed before any donation is accepted through the platform.
• All anonymous donations are strictly prohibited regardless of amount and will be rejected. If an anonymous donation is inadvertently received, the Party shall, within fourteen (14) days of receipt: (a) make reasonable efforts to identify the donor and return the donation; or (b) if the donor cannot be identified after reasonable efforts, transfer the donation to the Consolidated Fund in accordance with the Financing of Political Parties Act and notify the Electoral Commission of such transfer. The Party shall maintain records of all such transfers. The platform will not accept any donation without full donor identification as required under section 2 of these Terms.

3. Donation Limits & Source

• Donations from a single source (whether natural person or legal entity) in a calendar year may not exceed €25,000 or such other limit as may be prescribed by the Financing of Political Parties Act or regulations made thereunder from time to time. For the avoidance of doubt, this limit applies to the aggregate of all donations from that source to the Party through any means (including but not limited to this platform, direct transfers, or other donation channels) during the calendar year. The Party reserves the right to reject any donation that would cause this limit to be exceeded.
• For the purposes of applying donation limits, the Party shall treat the following as a single source: (a) all companies that are part of the same group of companies as defined in the Companies Act (Cap. 386 of the Laws of Malta); (b) all entities controlled directly or indirectly by the same person or persons; and (c) all entities acting in concert or pursuant to an arrangement to circumvent donation limits. The Party reserves the right to request documentation to verify the independence of donors where there are reasonable grounds to suspect that multiple donors may constitute a single source.
• Cross-border donations (donations from persons or entities outside Malta) are permitted only to the extent expressly allowed under the Financing of Political Parties Act and applicable Maltese law. The Party shall reject any cross-border donation that is prohibited by law or where the Party cannot verify the donor's identity, the source of funds, or compliance with legal requirements, including anti-money laundering obligations. Prohibited donations that have been received will be returned to the donor within fourteen (14) days or, if return is not possible, transferred to the Consolidated Fund as required by law. The Party shall notify the Electoral Commission of any such prohibited donations and their disposition within seven (7) days of the transfer or return.

4. Payment & Recurring Donations

• You may choose one-time or recurring contributions. For recurring contributions, you must explicitly opt in by selecting the recurring option and confirming your choice. You may cancel recurring contributions at any time by notifying the Party through the platform or by contacting [complete contact details including email address, telephone number, and postal address to be specified]. Such cancellation will take effect immediately upon receipt of your notice, and in any event no later than five (5) business days from the date of your notice. No further payments will be taken after the effective date of cancellation, and if any payment is taken after you have given notice of cancellation, it will be refunded within fourteen (14) days.
• The platform may offer a “save payment details” (quick-donate) option, allowing faster future donations. By selecting this option, you provide your explicit and informed consent to the secure storage of your payment information by the Party's payment service provider in accordance with Payment Card Industry Data Security Standards (PCI DSS), the General Data Protection Regulation (EU) 2016/679 ("GDPR"), and the Data Protection Act (Cap. 586 of the Laws of Malta). This consent is separate from and in addition to your consent to these Terms, and you may withdraw it at any time without affecting your ability to make future donations. Your payment information will be stored by [complete name of payment processor to be specified], and you must review their privacy policy at [complete URL link to be specified] before consenting to storage of payment details. You may withdraw this consent and delete your saved payment details at any time through your account settings.
• If payment fails or is reversed (chargeback) through no fault of the Party and where the donor has not acted in good faith, the Party reserves the right to suspend or revoke any privileges or recognition associated with that donor’s contributions and may suspend the donor's account pending resolution. The Party will provide written notice of any such suspension and the donor will have the opportunity to remedy the situation within fourteen (14) days.
• All processing fees, taxes, and bank charges will be clearly itemized and disclosed before you complete your donation. You will be shown the net amount that will be received by the Party after deduction of all fees. The Party may, at its discretion, absorb some or all of these fees, in which case this will be clearly indicated. Where fees are to be borne by you, they will be specified at the time of donation and you will have the opportunity to review the total amount (including all fees) before confirming your donation.

5. Refunds & Complaints

• The website and platform shall clearly and prominently state, before any donation is made, that TAMA donations are subject to limited refund terms as set forth in these Terms & Conditions, and shall provide a direct link to section 5 of these Terms. Donors acknowledge and accept that donations made through TAMA follow limited refund rules as outlined below.
• Refunds will be granted in the event of technical error or duplicate donation. Refunds may be granted for cancellation requests made within fourteen (14) days of the donation and before disbursement of the funds. All refund decisions will be made within thirty (30) days of the request.
• Requests for refunds or complaints must be submitted in writing to [complete contact details including email address, postal address, and telephone number to be specified] within thirty (30) days of the donation. For the avoidance of doubt, "in writing" includes email communications. The Party will acknowledge receipt within five (5) business days and provide a substantive response within thirty (30) days of receipt.
• The platform shall maintain a transparent complaints handling process, with response timelines not exceeding thirty (30) days, clear escalation procedures to senior management, and annual public reporting of complaint statistics (without identifying individual complainants). Donors who are not satisfied with the Party's response may refer their complaint to the Electoral Commission (which has oversight of political party financing under the Financing of Political Parties Act), the Office for Consumer Affairs, or pursue other legal remedies available under Maltese law.

6. Use of Funds & Accountability

• All funds collected will be used only for the lawful political purposes specified in the campaign description (including but not limited to digital tools, youth training, and platform operations), subject to the requirements of the Financing of Political Parties Act. Any material changes to the use of funds will require prior notice to donors and, where legally required, their consent.
• The Party shall maintain separate accounts for donations received through this platform, record all donations by source including donor identity and amount, retain such records for at least six (6) years, and submit donation returns to the Electoral Commission in compliance with the Financing of Political Parties Act and any regulations made thereunder.
• For donations equal to or exceeding €7,000 (or such other threshold as may be prescribed by law from time to time) from a single source in a calendar year, the Party will publish the identity of the donor to the extent required by the Financing of Political Parties Act and applicable law.

7. Transparency & Reporting

• The platform shall display real-time totals, donor counts, and campaign progress.
• The Party will publish periodic donation statements, naming donors above legal thresholds, and making public annual accounts.
• Material changes (e.g. change of causes, cost overruns) must be communicated promptly to all donors.

8. Data Protection & Privacy

• The platform will collect personal data (including but not limited to name, address, contact details, national identity card number or passport number, and payment information) to the extent necessary for: (a) compliance with the Financing of Political Parties Act and other applicable legal obligations; (b) verification of donor identity and eligibility; (c) processing donations and maintaining donation records; and (d) fulfilling the Party's obligations under these Terms. The legal basis for this processing is compliance with legal obligations and performance of the contract between the donor and the Party.
• Personal data will be stored securely using industry-standard encryption (both in transit and at rest), access controls limiting access to authorized personnel only, regular security audits, and other appropriate technical and organizational measures to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage. Data will be retained only for as long as necessary to fulfill the purposes for which it was collected, including compliance with the six (6) year record retention requirement under the Financing of Political Parties Act, after which it will be securely deleted or anonymized unless longer retention is required by law.
• Donors may request access, corrections, or deletion of their personal data consistent with GDPR.

9. Liability & Indemnity

• The Party and platform providers shall not be liable for indirect, consequential, or punitive losses arising from technical failure, third-party breach, or force majeure, provided that nothing in this clause shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Maltese law. The Party's total liability for any direct losses shall not exceed the amount of the donation in question.
• Donors agree to indemnify and hold harmless the Party against any legal claims, losses, damages, and reasonable legal costs arising from the donor's breach of these Terms, including but not limited to providing false identification information, making donations from prohibited sources, or making donations that exceed legal limits. This indemnity shall not apply where the claim arises from the Party's negligence or breach of these Terms.
• The platform does not guarantee particular results (e.g. reaching targets) and donors act at their own risk.

10. Amendment & Termination

• The Party reserves the right to amend these Terms by giving at least thirty (30) days' prior written notice to donors via email or through the platform. Material amendments that adversely affect donors' rights will require donors' express consent for future donations. Donors who do not accept material amendments may request a refund of any recurring donations scheduled after the effective date of the amendment. Amendments will not apply retroactively to donations already made.
• If the campaign is cancelled or fails to meet its objectives, the Party shall notify all donors within fourteen (14) days and provide donors with the option to either: (a) receive a full refund of their donation (minus any non-recoverable payment processing fees, which shall be clearly itemized); or (b) consent to the transfer of their donation to an alternative lawful political purpose specified by the Party. Unused funds for which no donor response is received within sixty (60) days of notification shall be applied to the Party's general funds, and this application shall be reported in the Party's annual accounts.
• The Party may suspend user accounts where there are reasonable grounds to suspect misuse, violation of these Terms, or fraudulent activity. Before any suspension, the Party shall provide written notice to the user setting out the reasons for the proposed suspension and give the user seven (7) days to respond. In cases of suspected fraud or serious legal violations where immediate action is necessary to prevent harm, the Party may suspend immediately but must provide notice and explanation within twenty-four (24) hours and allow the user to make representations within seven (7) days. Users shall have the right to appeal any suspension decision to a senior officer of the Party.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malta. The parties irrevocably agree that the courts of Malta shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). Nothing in this clause shall limit the right of either party to seek interim or injunctive relief in any court of competent jurisdiction. Notwithstanding the foregoing, the parties may agree in writing to resolve any specific dispute through arbitration under the Arbitration Act (Cap. 387 of the Laws of Malta), provided that such agreement is made after the dispute has arisen.

Agree