Terms and conditions

I. GENERAL PROVISIONS

1.1 This website (https://donamplasma.ro) is the official website (“the site”) of the “Donam Plasma” Association (hereinafter referred to as the “Association” or “Asociatia Donam Plasma”), based in Corbeanca, Ostratu village, Paradisul Verde neighborhood, Salciei street no. 20, Ilfov county, Registered in the Register of Associations and Foundations – Buftea Court under no. 113 PJ / 08.11.2021.

1.2. The information contained on this site is protected by Romanian and / or international regulations.

1.3. These terms and conditions set out the terms and conditions for accessing and using the site.

1.4. Notwithstanding the foregoing, these terms and conditions (hereinafter referred to as the “Terms and Conditions”) refer to the site and are addressed, are applicable and are binding on any person (hereinafter referred to as “the user” or “you”), regardless of its nature, who accesses this site and / or any page of the site and / or accesses and / or uses in any way and for any purpose, any content on the website, in whole and / or in part.

1.5. By accessing this site and / or any page on the site and / or by accessing and / or using in any way any information on the site, regardless of how you access and / or use it, you agree to and agree to be bound by and apply to you all the terms and conditions presented in / on this site, which have contractual value and will apply as a contract between you and the Association. If you do not agree with, if you do not wish to comply with, if you do not understand or agree to the terms and conditions set forth on this site, please do not use this site in any way, including any content on the site, in whole or in part.

1.6. All rights to the site and the content of this site (referred to in these terms and conditions as “the content”) including without limitation the copyright on the content or trademarks presented on the site, are the property of the Association or belong to other content owners and through these terms and conditions the user is not granted any right to use any brand or other logo or other type of content, regardless of its nature, which is found on the site, and consequently it is necessary to obtain the consent of the Association and / or content owner in order to use any content, as the case may be, unless otherwise expressly provided on the site and only under the conditions and for the purposes expressly stated on the site. Without affecting the generality of the above and to avoid any doubt, if the content belongs to other content owners, the Association is not responsible in any way, and the user assumes that the Association has not made any verification regarding the content.

1.7. The Association does not assume any fault and does not accept any responsibility, of any kind, for the content and / or the terms and conditions of use of any other site, regardless of its nature, including those sites from which you can access this site or which can be accessed through this site.

1.8. The content of the site is presented and provided “as is”, without any promise, representation or guarantee of any kind, express or implied, obligation or liability, including from the Association, in terms of quality, accuracy, completeness or efficiency of its content.

1.9. To the maximum extent permitted by the legal regulations in force, the Association cannot guarantee that it can ensure at all times and in all cases the confidentiality of communications through this site. Internet communications are not secure and therefore the Association does not assume any fault and does not accept any responsibility, of any kind, for the content, completeness and accuracy of the information contained in internet communication or for any damage, of any kind, caused by viruses. Also, the Association does not guarantee that the site cannot be affected by viruses or other actions that may cause damage or other losses and does not accept any responsibility for them. The Association does not guarantee that the information on the site cannot have errors or omissions but will do its best to correct the errors or omissions after the Association becomes aware of them. The Association does not guarantee that the website, the servers on which it is hosted, or the e-mails sent by the Association are free of viruses or other potentially harmful computer components. The information included on the site is informative and the user uses the site at his own risk, the Association being exonerated from any liability.

1.10. The content and any related information contained in the site may not be copied, downloaded, sold, modified, transferred, distributed, republished, reproduced, transmitted and / or used in any other way, in any form and / or by any means, total and / or partially, without the prior consent of the Association.

1.11. The use of the site and the content is the sole responsibility of the user.

II. MISCELLANOUS PROVISIONS

2.1. To the fullest extent permitted by applicable law, the Association shall not be liable and shall not accept any liability for any loss and / or damages and / or harms, regardless of their nature, caused by and / or results from the use of the information contained in the site or by non-compliance with the terms and conditions and / or in connection with the content. To the extent that the liability of the Association can be attracted, the entire liability of the Association will be limited (and will not exceed under any circumstances) the value of the amount of 100 lei; to the fullest extent permitted by applicable law, it sets the maximum limit of the Association’s liability and any other liability (including without limitation the liability for indirect and / or consequential damages and / or losses) of the Association is expressly excluded.

2.2. The user and the person in whose name and / or on whose behalf the user acts has (have) the obligation to defend and indemnify the Association from and against any claims, complaints and / or legal actions, resulting from the infringement of some intellectual property rights or other protected rights, and / or any damages, costs, fees and expenses of any kind, regarding or in connection with the improper use of the information contained in the site and / or non-compliance with the terms and conditions of access and / or use of this site.

2.3. The content and any related information contained in the site and / or the terms and conditions, are subject to change without notice. It is your obligation that whenever you access the site and / or any page on the site and / or access and / or use in any way, any content and any related information contained on the site, to verify that the content and any information content contained in the site and / or the terms and conditions have been modified. Certain clauses of the terms and conditions may be replaced, modified and / or circumvented by certain clauses found on different pages of the site and vice versa or may be related to them and consequently you must verify all content and any related information contained in site and / or the terms and conditions, whenever you access the site and / or any page on the site and / or access and / or use in any way, any content and any related information on the site. By accessing the site and / or any page on the site and / or by accessing and / or using in any way any content and any information related to information on the site, regardless of how it is used, after making the aforementioned changes, you agree to and agree that all terms and conditions on the site, as amended, apply to you. Any changes take effect from the date of their publication on the site.

2.4. If, by accessing the site and / or any page on the site and / or by accessing and / or using in any way any information on the site, regardless of how it is used, this results in the need for you to make any expenses and / or repairs and / or replacements of any software or hardware, as a result of your fault and / or intent, these will be your responsibility.

2.5. The user does not have the right to create links to the site without the prior written consent of the Association

2.6. The Association reserves the right, at its own discretion, to limit or terminate total and / or partial access to the site and / or the content on the site, without notice or other obligations. The association cannot guarantee the uninterrupted supply of the site.

2.7. Any and all communications sent by the Association are private and confidential, may contain copyright, may be legally protected or otherwise protected from disclosure. If you are not the recipient of such communications, you are hereby notified that any disclosure, copying, distribution or otherwise use, or initiation of any action based on the content of any information in this communication is strictly prohibited and may be unlawful. If you are not the recipient of these communications, please delete these communications and any of the files attached to them immediately, do not open, copy, store or otherwise use them and any part of them for any purpose, do not disclose all and / or part of their content and please call or notify the sender immediately, returning the communication.

2.8. To the extent that the Association allows this on the site, users will be able to make / send comments, reviews, ratings and any other communications, suggestions, questions or information (all and any further referred to as “information”), if they comply with the rules imposed by the Association and without limiting the generality of those mentioned above, if their language is civilized and their content is not illegal, obscene, threatening, defamatory, offensive, does not disturb in any way the privacy of others, does not infringe intellectual property rights, does not contain viruses, does not serve promotional campaigns unrelated to the Association, they are not mass emails or any other form of spam. Users must ensure that the information entered by them: i) is realistic, correct, not misleading and in accordance with the applicable law, thus respecting the rights of other parties, copyrights, trademarks, licenses or other proprietary rights, advertising or privacy; ii) do not refer directly or indirectly to other products and / or persons promoting the sale and purchase of products or services; iii) do not contain advertising materials.

The information can be entered by the users in the sections corresponding to each type of information.

If any of the information does not comply with the above, the Association has the right to remove it without completing any prior formality.

Upon registration of certain information, the user grants the Association a non-exclusive, perpetual, irrevocable, unlimited territorial license and entitles the Association to use, reproduce, modify, adapt, publish, translate, distribute and display that information.

2.9. To the extent that you upload any information on the Association’s website, you declare that you own all rights to such content or that you have an authorization or other legal permission to upload it and that such content does not violate any applicable regulations, that the uploading is done only according to the permits of the Association.

2.10. Access to and / or use of the Site and / or the Content does not provide to the Users and will not be construed to convey or confer any right to the Users with respect to the Content which they access and / or use.

2.11. Without affecting the generality of the above, any pre-selection and / or selection and / or contracting procedures, including any criteria and / or scores related to them, may be modified at any time, at the free discretion of the Association. Any changes take effect from the date of their publication on the site. Without affecting the generality of the above and in order to avoid any doubt, users must irrevocably and unconditionally follow any such procedures and / or modifications thereof.

2.12. Without prejudice to the generality of the above, any pre-selection and / or selection and / or contracting procedures, including any criteria and / or scores related to them, may be completed at any time, at the discretion of the Association, including any documentation sent to users / brought to the attention of users in any way.

2.13. Regardless of those mentioned on the site and / or in these terms and conditions, the Association has no obligation of any kind to complete any pre-selection and / or selection and / or contracting procedures.

2.14. Regardless of those mentioned on the site and / or in these terms and conditions, the Association has no obligation of any kind to enter into any agreement and / or partnership with any user and / or participant in any pre-selection and / or selection procedure and / or contracting.

2.15. No content on the site is intended to constitute a promise to contract and / or an offer on the basis of which it may be considered, by acceptance and / or otherwise, that it has been concluded / may be concluded / it is mandatory to conclude any contract and / or any agreement and / or any other agreement or to constitute any acceptance of any offer and may not be considered as expressing the intention of the Association to undertake or to assume any responsibility in any way or in any case, including in case of their acceptance by the user, constituting at most a proposal in order to be discussed. Without affecting the generality of the above and in order to avoid any doubt, the Association does not intend to be bound by any convention, contract or  any other agreement until it signs a  document expressly in this regard.

2.16. It is forbidden to delete, add, insert, modify any information on the site, as well as any attempt to gain unauthorized access to the site, systems or computer networks connected by fraud, password decoding or any other means. Any violation of the provisions of this section may lead to the permanent or temporary blocking of access to the site and to the obligation of its author to pay the compensation for the damage they caused.

2.17. This site uses so-called “cookies”. If you want to know more, you can access the Cookies Policy, which is an integral part of these terms and conditions.

III. FINAL PROVISIONS

3.1. The non-taking of certain measures or the non-exercise of certain rights by the Association at a certain time does not mean that it has renounced the taking of the respective measures or the exercise of the respective rights.

3.2. This site can be accessed from anywhere in Romania and from anywhere in the world. The Association does not offer any assurance, declaration or representation that the content of this site is subject to the laws, regardless of their nature, of other countries, apart from Romania. If the User accesses this site from outside Romania, they do so at their own risk and they are solely responsible for complying with the laws of the territory in which they are located.

3.3. The Association does not guarantee that the information on the site is free of errors or omissions but will do its best to correct the errors or omissions after the Association becomes aware of them.

3.4. The site (including the terms and conditions) will be interpreted, applied and governed by Romanian law, which is the applicable law in the event of any dispute that may arise in connection with this site, excluding the possibility of reference to conflicts of laws. To the fullest extent permitted by the applicable law, any dispute arising out of or in connection with this site and / or in connection with accessing this site and / or any page on the site and / or  in connection with accessing and / or the use in any way of any content and any related information contained in the site and / or in connection with the terms and conditions and / or in connection with any procedure on the site, regardless of the manner of access and / or use, will be resolved by the competent courts in Bucharest which will have exclusive jurisdiction, excluding the possibility of referring to conflicts of laws and the user accepts this.

3.5. If the Romanian language version of the site contains information in any language, including English, the user is responsible for the complete and correct understanding of all information. In all cases the user is responsible for the complete and correct understanding of all information on the site.

3.6. The association is not responsible for the user’s ability and skills to access or use the site and / or content, nor for the results of such actions. The user guarantees that they have the capacity required by the law to access and use this site and its content.

3.7. The User guarantees that they will not access and use the site for illegal purposes.

3.8. If certain terms or conditions become inapplicable, this will not affect the validity or enforceability of the other terms or conditions, which will remain in effect and have legal effect as if the terms or conditions became inapplicable.

3.9. The limitations or exclusions of any warranty or liability contained in these terms and conditions do not affect or prejudice the legal rights of the user who is the consumer.

3.10. Force majeure means any external event and / or external circumstance, independent of the will of the party invoking force majeure, of exceptional kind, absolutely invincible and inevitable, absolutely unpredictable and unavoidable, and which, occurring after the conclusion of the contract, prevents or delays, totally or partially, the fulfillment of the obligations arising from this contract. An event is not considered a force majeure event if, without creating an impossibility of execution, makes the execution of the obligations of one of the parties extremely expensive. Force majeure must be established by a competent authority. Force majeure defends the party invoking it from liability, but only to the extent and for the period in which the party is prevented or delayed from performing its obligation due to the situation of force majeure. Each party will make every effort to minimize the effects of force majeure. The party invoking force majeure shall communicate in writing to the other party the proof of the intervention of the case of force majeure, within maximum 5 days from its occurrence. The same procedure and method of notification apply to the termination of force majeure.

3.11. By accessing this site and / or any page on the site and / or by accessing and / or using in any way of any information on the site, regardless of how it is accessed and / or used, the User declares that they are not in a position of need, have the necessary knowledge and experience to understand these terms and conditions and declare that the conditions for the application of the injury are not met.

3.12. By accessing this site and / or any page on the site and / or by accessing and / or using in any way any information on the site, regardless of how it is accessed and / or used, and / or by expressing any intention to purchase of any goods and / or experiences and / or by purchasing any goods and / or experiences, the user (declares that) agrees to the terms and conditions and to any clauses contained in these terms and conditions that may be considered unusual.