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Terms and conditions

1. Definitions

SITE or PLATFORM – WWW.BADAPUTEM.RO, an information portal intended to popularize our manifesto, attract supporters, gather the necessary resources through donations, contact or contract volunteers, and present and manage our Activity and actions aimed at Romanian society. It is organized under Romanian law by the Ba Da, Putem! Association (hereinafter the “Association” or “ABDP“), a legal entity under Romanian law, registered in the National Register of Associations and Foundations under number 149/26.10.2021, Fiscal Identification Code 45222996, having its registered office in Bucharest, Sector 1, 10 Aleea Alexandru, 1st floor, room no. 8, through which USERS have access to CONTENT.

CONTENT is defined as follows:

  • all information on the SITE that can be visited, viewed, or otherwise accessed through the use of digital equipment;
  • the content of any email sent to USERS by www.badaputem.ro through electronic means and/or any other available means of communication;
  • any information communicated by any means by an employee of www.badaputem.ro to the USER, according to the contact information specified or not by the latter;
  • information related to the activities carried out by ABDP, which may consist of:
    • Carrying out activities of a charitable, mutual aid nature, as well as promoting and supporting social initiatives for help among people, including the development and promotion of public policies that support increasing the quality of life of Romanians in Romania, in the spirit of improving the lives of as many people as possible, and especially of disadvantaged children, adolescents, and youth in Romania;
    • Organizing and conducting analyses, studies, research, and documentation regarding social needs relevant to the Purpose of the Association, including the development and promotion of strategies and public policies, development strategies for Romania, and conducting civic initiatives and mutual aid activities, in the spirit of improving the lives of Romanians in Romania;
    • Providing material support (including money, food, school supplies, scholarships, etc.) for disadvantaged children, adolescents, and youth in Romania, as well as for the elderly and other such persons in need;
    • Running information, support, and counseling programs for various social groups (such as students, parents, educators, people in various public or private positions, etc.);
    • Organizing public information campaigns on topics that correspond to the purpose of the Association;
    • Editing books, magazines, and specific materials (leaflets, brochures, etc.);
    • Contracting market analysis services, studies, research, event organization, public communication through any communication media, consultancy of any kind, and other such relevant services from third parties, for the fulfillment of the purpose and objectives of the Association;
    • Initiating partnership formulas between various groups, professional or civic associations with concerns similar or compatible with the purpose of the Association;
    • Carrying out exchanges of experience with natural or legal persons with similar concerns from the country and abroad;
    • Organizing and running debates and events, meetings, exchanges of views, seminars, conferences, symposiums, roundtables, trainings on topics of interest for the fulfillment of the purpose and objectives of the Association;
    • Participating in congresses, seminars, conferences, etc., in the country and abroad on topics of interest for the fulfillment of the purpose of the Association;
    • Capitalizing on the results obtained within the studies, research, or documentation carried out by entering into partnerships with natural or legal persons, public authorities, institutions, and organizations, from the country and from abroad, including by transmitting the results to the decision-makers of the respective legal entities, institutions, and organizations or public authorities;
    • Carrying out any other types of activities that can be circumscribed to the purpose and objectives of the Association, in compliance with the Romanian legislation in force;
    • Popularizing our manifesto, attracting supporters, gathering the necessary resources through donations, contacting or contracting volunteers, presenting and managing our Activity and actions aimed at Romanian society;
  • data relating to badaputem.ro or other privileged data belonging to it.

USER – The natural person who has or obtains access to the CONTENT. Our activities do not actively aim to attract persons under the age of 18 as USERS.

DOCUMENT – these Terms and Conditions.

NEWSLETTER / ALERT – the periodic, exclusively electronic means of information regarding the activities carried out by www.badaputem.ro during a certain period, without any commitment from www.badaputem.ro regarding the information contained therein.

2. General

2.1. The Document establishes the terms and conditions of use of the Site/Content by the USER, provided that the USER does not have another valid user agreement concluded between www.badaputem.ro and them.

2.2. The use, including but not limited to accessing, visiting, and viewing the Content, implies the USER’s adherence to these terms and conditions, unless the respective content has separately formulated conditions of use.

2.3. Access to the Content is made exclusively by accessing the publicly available Site at www.badaputem.ro.

2.4. By using the Site/Content, the USER is solely responsible for all activities resulting from its use. They are also liable for any material, intellectual, electronic, or any other nature of damage caused to the Site or the Content.

2.5. If the USER does not agree with and/or does not accept and/or revokes their consent given for the Document:

2.5.1. They waive: access to Content, other activities offered by www.badaputem.ro through the Site, receiving newsletters/alerts and/or communications from www.badaputem.ro of any nature (electronic, telephone, etc.), without any subsequent warranty from www.badaputem.ro.

www.badaputem.ro shall have the right to delete all data referring to the USER from its database, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other; exceptionally, the SITE will retain any data relating to USERS in accordance with applicable legal obligations, respectively according to the Personal Data Processing Policy applicable to the SITE and available by following the link on the home page or “homepage” of the Site.

2.5.3. They may reverse their decision not to agree and/or not to accept the Document at any time, in the form in which it is available at that moment.

2.6. The USER may reverse their decision to agree and/or accept the Document at any time, in the form in which it is available at that moment.

2.7. To exercise the right provided in art. 2.5, they may contact www.badaputem.ro or use the links within the content received from www.badaputem.ro intended for this purpose.

3. Content

3.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of www.badaputem.ro, with all rights obtained in this regard directly or indirectly (through use and/or publication licenses) being reserved to it.

3.2. The USER is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, include any content in any other context than the original one intended by www.badaputem.ro, include any content outside the www.badaputem.ro Site, remove signs signifying www.badaputem.ro‘s copyright over the content, as well as participate in the transfer, sale, or distribution of materials made by reproducing, modifying, or displaying the content, except with the express consent of www.badaputem.ro.

3.3. Any content to which the USER has and/or obtains access through any means is subject to the Document, unless the content is accompanied by a specific and valid user agreement concluded between www.badaputem.ro and them, and without any implied or expressly formulated warranty from www.badaputem.ro regarding that content.

3.4. The USER may copy, transfer, and/or use content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.

3.5. In the event that www.badaputem.ro grants the USER the right to use specific content in the form described in a separate user agreement, to which the USER has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist, and does not represent a contractual commitment from www.badaputem.ro for the respective USER or any other third party who has/obtains access to this transferred content, by any means, and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.

3.6. No content transmitted to the USER through any means of communication (electronic, telephone, etc.) or acquired by them by accessing, visiting, and/or viewing constitutes a contractual obligation on the part of www.badaputem.ro and/or the employee of www.badaputem.ro who mediated the transfer of content, if any, regarding the respective content, unless it is expressly stipulated that the contractual obligation is assumed by www.badaputem.ro. Regarding contractual obligations, please see the applicable section for Donations in this Document.

3.7. Any use of the Content for purposes other than those expressly permitted by the Document or by the accompanying user agreement, if it exists, is prohibited.

4. Contact

4.1. www.badaputem.ro publishes its complete and correct identification data on the SITE.

4.2. By using the contact form present on the Site, the USER allows www.badaputem.ro to contact them by any available means, including electronic means.

4.3. Filling out the contact form partially or fully and sending it does not represent in any way a commitment from www.badaputem.ro to contact the USER.

4.4. Accessing the Site, using the information presented within it, visiting the pages, or sending emails or notifications addressed to www.badaputem.ro is carried out electronically, by telephone, or any other means of communication available to the USER, thus considering that they consent to receive notifications from www.badaputem.ro electronically and/or by telephone, including email communications.

4.5. www.badaputem.ro reserves the right not to respond to all requests of any nature received through any means of communication (electronic, telephone, etc.).

5. Newsletters and Alerts

5.1. The USER can give their consent to receive the newsletter by accepting the Document (Terms and Conditions).

5.2. Data collected from the USER for the purpose of sending newsletters and/or alerts can and will be used by the SITE within the limits of the Personal Data Processing Policy.

5.3. Unsubscribing from receiving newsletters and/or alerts by the USER can be done at any time within the received email content.

5.4. Unsubscribing from receiving newsletters and/or alerts does not imply waiving the acceptance given for the Document.

5.5. www.badaputem.ro reserves the right to select the persons to whom it will send newsletters and/or alerts, as well as the right to remove from its database any USER who has previously expressed consent to receive newsletters and/or alerts, without any subsequent commitment from www.badaputem.ro, or any prior notification to them.

5.6. www.badaputem.ro will not include in the newsletters and/or alerts transmitted to the USER any other kind of advertising material in the form of content that refers to any third party who is not a partner of www.badaputem.ro at the time of sending the newsletters and/or alerts.

6. Personal Data Protection Policy

6.1. www.badaputem.ro processes personal data of USERS in accordance with the provisions of the General Data Protection Regulation (Regulation EU 2016/679) and national implementing legislation, including, but not limited to, Law no. 129/2018 amending and supplementing Law no. 102/2005 on the establishment, organization, and functioning of the National Supervisory Authority for Personal Data Processing, as well as repealing Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, in force since June 24, 2018, in the form published in the Official Gazette, Part I no. 503 of June 19, 2018, and Law no. 190/2018 on implementation measures of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), in force since July 31, 2018 (the applicable legal framework collectively referred to herein as Data Protection Legislation or “DPL”). In this regard, www.badaputem.ro collects personal data and special category data (CNP [Personal Numerical Code], home address, ID document number and series, bank account) on the Site pages only with the voluntary consent of the USER, in accordance with the Personal Data Processing Policy applicable to the SITE and available by following the link on the home page or “homepage” of the Site

6.2. www.badaputem.ro does not store any information related to the USER’s bank card or cards, as these are processed directly on the servers of the relevant payment processor, as exemplified in the “Donations” section.

6.3. The privacy policy of www.badaputem.ro refers only to data provided voluntarily by the USER exclusively on the Site. Www.badaputem.ro is not responsible for the privacy policy practiced by any other third party that can be reached through links, regardless of their nature, outside the Site.

6.4. www.badaputem.ro undertakes that the collected data of the USER shall be used only in accordance with the stated purposes and shall not make public, sell, rent, license, transfer, etc., the database containing information regarding the personal or special data of the USER to any third party not involved in fulfilling the stated purposes.

6.5. An exception to the provisions of art. 6.4 will be the situation where the transfer/access/viewing/etc. is requested by the competent authorities in cases provided by the regulations in force at the date of the event occurrence.

6.6. The payment processor agreed upon by www.badaputem.ro has the right to access/view any type of data/documents generated following a donation or sponsorship processed through it or initiated through the Site by the USER.

6.7. By reading this Document, the USER acknowledges that they are guaranteed the rights provided by the DPL and the Personal Data Processing Policy applicable to the SITE, respectively the right to information, the right of access to data, the right to intervention – correction, erasure, and restriction, the right to object, the right to data portability, the right not to be subject to an individual decision, and the right to address the courts in case of violation of rights guaranteed by the DPL.

7. Donations

7.1. USERS who wish to financially support (and, in certain cases, also in the form of goods or services absolutely necessary for the Association’s activity) the activity of www.badaputem.ro can do so through a donation or sponsorship (hereinafter referred to as “donations”) to the Association.

7.2. All donations will be used exclusively to support civic and humanitarian projects run by ABDP according to its statute, respectively:

  • Carrying out activities of a charitable, mutual aid nature, as well as promoting and supporting social initiatives for help among people, including the development and promotion of public policies that support increasing the quality of life of Romanians in Romania, in the spirit of improving the lives of as many people as possible, and especially of disadvantaged children, adolescents, and youth in Romania;
  • Organizing and conducting analyses, studies, research, and documentation regarding social needs relevant to the Purpose of the Association, including the development and promotion of strategies and public policies, development strategies for Romania, and conducting civic initiatives and mutual aid activities, in the spirit of improving the lives of Romanians in Romania;
  • Providing material support (including money, food, school supplies, scholarships, etc.) for disadvantaged children, adolescents, and youth in Romania, as well as for the elderly and other such persons in need;
  • Running information, support, and counseling programs for various social groups (such as students, parents, educators, people in various public or private positions, etc.);
  • Organizing public information campaigns on topics that correspond to the purpose of the Association;
  • Editing books, magazines, and specific materials (leaflets, brochures, etc.);
  • Contracting market analysis services, studies, research, event organization, public communication through any communication media, consultancy of any kind, and other such relevant services from third parties, for the fulfillment of the purpose and objectives of the Association;
  • Initiating partnership formulas between various groups, professional or civic associations with concerns similar or compatible with the purpose of the Association;
  • Carrying out exchanges of experience with natural or legal persons with similar concerns from the country and abroad;
  • Organizing and running debates and events, meetings, exchanges of views, seminars, conferences, symposiums, roundtables, trainings on topics of interest for the fulfillment of the purpose and objectives of the Association;
  • Capitalizing on the results obtained within the studies, research, or documentation carried out by entering into partnerships with natural or legal persons, public authorities, institutions, and organizations, from the country and from abroad, including by transmitting the results to the decision-makers of the respective legal entities, institutions, and organizations or public authorities;
  • Carrying out any other types of activities that can be circumscribed to the purpose and objectives of the Association, in compliance with the Romanian legislation in force;
  • Popularizing our manifesto, attracting supporters, gathering the necessary resources through donations, contacting or contracting volunteers, presenting and managing our Activity and actions aimed at Romanian society;

7.3. This Document regulates the relationship between each donor and the Association.

7.4. Based on these terms and conditions, ABDP reserves the right to accept, refuse, or return any unwanted donation. Financial contributions will be accepted in the form of single donations made directly to ABDP, as described in the following paragraphs.

7.5. AGREEMENT

7.5.1. By providing a financial contribution, the ABDP supporter agrees to the following:

  • The donation is made to ABDP definitively and irrevocably, without any condition or encumbrance.
  • ABDP reserves the right to return any donation whenever it considers that there are well-founded reasons for doing so.
  • Donations will be used by ABDP to support civic and humanitarian projects run by ABDP. ABDP is the sole entity that decides on the concrete method of using the donated amounts.
  • Each donation is subject to the provisions of this Document, which will represent a legally binding agreement between the sponsor/contributor/donor and ABDP.

7.6. TYPES OF DONATIONS

7.6.1. Natural or legal persons can financially support the civic and humanitarian activity of the Association through the following ways:

  • A donation consisting of the transfer of sums of money to ABDP via direct bank transfer into ABDP’s account, as these details are made available through the Site. To the extent that such a mechanism becomes available within the Site, the donation may be made through payment intermediary platforms such as, but not limited to, Stripe, Inc..
  • A donation made by redirecting legally established quotas from income tax, in accordance with applicable tax provisions.
  • Sponsorship based on a sponsorship contract regulated by Law no. 32/1994 on sponsorship, amended and updated (“Sponsorship Law”) or based on the redirection of a quota from corporate income tax / micro-enterprise income tax, according to applicable tax provisions.

7.7. CONDITIONS

7.7.1. Donors who are natural persons must be at least 18 years old.

7.7.2. The maximum total value accepted for a single donation (one-off donation) directly into the ABDP account, from any contributor, is 24,999 lei inclusive.

7.7.3. The aforementioned limit does not apply to donations made by redirecting a quota of income tax or sponsorships carried out through sponsorship contracts or as a result of redirecting corporate income tax/micro-enterprise income tax according to applicable tax provisions.

7.8. ADMINISTRATION OF DONATIONS

7.8.1. All donations to ABDP will be made through the “Donate” page on the www.badaputem.ro website or by bank transfer into the ABDP accounts indicated on the www.badaputem.ro website.

7.8.2. Donations will be accepted by ABDP as long as the Association continues its activity.

7.8.3. Donations to ABDP that are processed by one of our payment providers will be held by them until they are transferred to the ABDP bank account.

7.8.4. Each donation will be identified by a unique payment provider number (transaction ID/code), therefore it is individually refundable and will be processed separately by ABDP.

7.8.5. From the moment the donation is processed, ABDP will be the legal beneficiary, with full rights over the entire value of the financial contribution. The donor is not entitled to a refund of the contribution in circumstances other than those specified in these “Terms and Conditions”.

7.8.6. The donor receives no benefit in exchange for their financial contribution and has no right to condition or otherwise influence the civic and humanitarian activities of ABDP.

7.9. RETURN AND CANCELLATION OF DONATIONS

7.9.1. ABDP reserves the right to return any donation whenever it deems necessary, including when it believes that accepting the financial contribution would conflict with ABDP’s mission, values, or interests, or when the source of the contribution or the donor’s intentions could affect ABDP’s independence or reputation.

7.9.2. ABDP reserves the right to carry out all necessary verifications to determine if such a request is legitimate, including asking the donor for information and documents to this effect. The actual refund of the payment will take place within 14 days from the moment ABDP considers the refund decision to be legitimate.

7.9.3. Any refused donation will be refunded to the account from which the payment was made.

7.9.4. The termination of payments related to a donation takes place only for the future, without affecting in any way payments already made and without any obligation for ABDP to refund amounts already received.

7.10. TRANSPARENCY OF DONATIONS

7.10.1. ABDP reserves the right to:

  • Request the donor’s full name and contact details.
  • Request from the donor any other information it deems necessary or desirable to determine the origin of the contribution.
  • Conduct any other investigations to determine the origin of the donation.

7.10.2. If the donor refuses to provide any information requested by ABDP in accordance with clause 7.11, ABDP may refuse and return the donor’s contribution whenever it wishes to do so.

7.11. LIMITATION OF LIABILITY REGARDING DONATIONS

7.11.1. Neither ABDP, nor any other affiliated person, employee, agent, director, or contractor of ABDP shall be liable for any loss suffered by a donor or another person, resulting from or connected with, directly or indirectly, any donation, including loss of income, loss of profit, loss of business or unrealized benefits, loss of use, loss of goodwill, loss of data, regardless of whether such losses are caused by breach of contract, tort, or in any other way, unless the waiver or limitation of liability is not permitted by applicable law.

7.12. CONTACT

7.12.1. If you have any questions or complaints regarding your donation, please contact us using any of the contact details below:

Email: info@badaputem.ro.

8. Fraud

8.1. www.badaputem.ro does not request confidential information, bank accounts/cards, or personal passwords from its USERS through any means of communication (email/telephone/SMS/etc.), other than for the purpose of complying with legal obligations resulting from donations and sponsorships by USERS.

8.2. The USER assumes full responsibility for disclosing their confidential data to a third party.

8.3. www.badaputem.ro disclaims all liability in the event that a USER is harmed in any form by a third party claiming to be or represent the interests of www.badaputem.ro.

8.4. The USER will inform www.badaputem.ro of such attempts using the contact details.

8.5. www.badaputem.ro does not promote SPAM. Any USER who has explicitly provided their email address on the Site can opt to deactivate the USER account associated with this email address.

8.6. Achieving the following purposes will not be considered an attempt to defraud the Site/Content and/or www.badaputem.ro. www.badaputem.ro reserves the right to initiate criminal prosecution against anyone who has attempted or achieved these purpose(s):

8.6.1. to access data of any type belonging to another USER by using an account or by any other method.

8.6.2. to alter or modify the content of the Site or any correspondence sent by any method by www.badaputem.ro to the USER.

8.6.3. to affect the performance of the server/servers on which the Site runs, including but not limited to cyberattacks of DOS or DDOS type.

8.6.4. to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by www.badaputem.ro to the USER when the latter is not the legitimate recipient of the content.

9. General Limitation of Liability

9.1. The activity of www.badaputem.ro consists of the presentation, popularization, and support of the Association’s activity through the platform www.badaputem.ro. The Association cannot be held liable in any way to any USER who uses the Site or Content, other than (a) within the limits of the articles constituting the Terms and Conditions and (b) only for aspects related to the presentation, popularization, and support of the Association’s activity. By way of example, the Association cannot be held liable for the use of the Site unrelated to its objective of presenting, popularizing, and supporting the Association’s activity, for the operability of the USER’s electronic systems, or for the specific impossibility of USERS to access the platform www.badaputem.ro.

9.2. If a USER considers that part of the Content presented through the platform www.badaputem.ro infringes intellectual property rights, copyrights, or any other rights, they may contact www.badaputem.ro for details, according to the contact details, so that www.badaputem.ro can make an informed decision.

www.badaputem.ro does not guarantee the USER access to the Site and does not grant them the right to download or modify partially and/or fully the content, reproduce partially or fully the content, copy or exploit any content in any other manner, or transfer to any third party any content to which they have and/or have obtained access, based on a user agreement, without the prior written consent of www.badaputem.ro.

www.badaputem.ro is not responsible for the content, quality, or nature of other sites reached through links within the content, regardless of the nature of these links. For those respective sites, the full liability lies with their owners and/or operators.

10. Force Majeure and Fortuitous Event

10.1. Except for cases where they have expressly provided otherwise, neither party to a concluded contract that is still ongoing shall be liable for the failure to execute on time and/or properly, fully or partially, any of the obligations incumbent upon it under the contract, if the non-execution of the respective obligation was caused by a force majeure event.

10.2. The party or the legal representative of the party invoking the above-mentioned event is obliged to inform the other party immediately and completely of its occurrence and to take any measures available to it in order to limit the consequences of the respective event.

10.3. The party or the legal representative of the party invoking the above-mentioned event is exempted from this obligation only if the event prevents them from completing it.

10.4. If, within 15 days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the termination by right of this contract without either party being able to claim other damages from the other.

10.5. The party invoking the force majeure event must prove the impossibility of executing the obligations within 30 days from the date of the event’s occurrence, but within the limits of art. 10.3.

11. Disputes

11.1. By using/visiting/viewing/etc. the sites and/or any content sent by www.badaputem.ro to the USER through access and/or delivery by any means (electronic, telephone, etc.), the USER declares that they agree at least with the provisions of the “Terms and Conditions”.

11.2. Any dispute regarding this “Terms and Conditions” Document that might arise between the USER and www.badaputem.ro shall first be resolved amicably. If this is not possible, the conflict will be settled by the competent court, in accordance with the Romanian and European Union laws in force.

11.3. If any of the clauses above is found null or invalid, regardless of the cause, this clause shall not affect the validity of the other clauses. To the extent that the applicable legal framework undergoes changes, this DOCUMENT shall be deemed to refer to the definitions, concepts, and legal institutions in their amended and updated form.

11.5. This Document was drafted and will be interpreted in accordance with Romanian legislation.

12. Final Provisions

12.1. Www.badaputem.ro reserves the right to make any modifications to these provisions, as well as any modifications to the Site/its structure/service as well as any content without prior notification to the USER.

12.2. Within the limits of the “Terms and Conditions” provisions, www.badaputem.ro cannot be held responsible for any errors appearing on the Site due to any cause, including due to modifications, settings, etc., which are not made by the Site administrator.

12.3. www.badaputem.ro reserves the right to introduce advertising banners of any nature and/or links on any page of the Site, in compliance with the legislation in force.

13. Feedback

13.1. If there are any questions or suggestions related to www.badaputem.ro, please contact us at the contact details available in the “Contact” section of the Site.

13.2. Any comments, questions, feedback, ideas, suggestions, or other communications or information about or regarding the www.badaputem.ro website, its functionality, or its improvement shall remain the property of the Association.