TERMS AND CONDITIONS
TABLE OF CONTENTS
- How calup.ro works
- Data management
- Limited liability
- Other Conditions
APPLICABILITY OF TERMS AND CONDITIONS
These terms and Conditions apply to visitors and the use of the web site beta.calup.ro and/or calup.ro, described as the platform, as well as all information, recommendations and/or services provided on or through the platform.
By accessing and using the Platform, you agree to follow the terms and Conditions described below, in case you do not agree please abstain from accessing the platform.
If a provision of these Terms and Conditions of use of the website calup.ro is or proves to be incompatible with the laws in force in Romania, this fact will not affect the enforceability of the remaining provisions.
In case of breach of these terms and conditions in any way Calup reserves the right to take action as it deems appropriate, including the suspension or removing access to the platform, banning of the IP addresses used to illegally access the platform, including contacting your provider of internet services to request that they block access to the platform and/or the commencement of judicial proceedings in order to recover any possible damage.
INFORMATION ABOUT US
The platform operates on the basis of the principles of "social business", and is managed in partnership by:
CALUP ASSOCIATION with headquarters in Bucharest, str. Tudor Arghezi, nr. 11, AP. 21, District 2, recorded in the NGO National register as 11950/4/2013*, Fiscal Code: 32179681
S.C. CALUPU S.R.L. with headquarters in Bucharest, str. Dionisie Lupu, nr. 31, 2 FL., AP. 3, District 2, registered with the trade register J40/11342/16.09.2015, Fiscal Code: 35009673
Together known as calup.ro or Calup.
ROLES OF PARTNERS WITHIN THE PLATFORM
S.C. CALUPU S.R.L. it is the rightful owner of all the processes and IT solutions, and all elements of the design developed in the framework of the platform. At the same time is the owner and manager of private data and maintains Finds A Space section within the platform.
CALUP ASSOCIATION manages public information, the articles in the Blog section, and deals with the documentation of locations and maintains Explore section within the platform.
You can contact us by:
email to firstname.lastname@example.org
CALUPU S.R.L. TEL: + 40/723316002
It is not allowed to use this platform in ways that bring, or may harm or damage the platform or any other action that prevents its activity; and in any way that may be illegal, fraudulent or harmful, or in any other way or activity that may have illegal, fraudulent or harmful consequences. Any attempt to access the illegal or fraudulent use, will be redirected to the competent authorities.
You may not copy, store, host, send, use, publish or distribute any material on/to the website that contain, or are in connection with spyware, viruses, trojans and other harmful software.
You may not copy, store, send, use, publish or distribute the data and the activities of the platform, without the explicit written agreement of Calup, with the exception of data or data series described as belonging to the category of public data as described below.
It is not allowed the use of the platform or platform based information, excepting data published for this purpose, for commercial purposes, commercial activities or to promote commercial activities, other than those which are covered by the terms and conditions of use, without explicit written consent of Calup.
Using data published as public data for commercial purposes or promotion of commercial activities must comply with the provisions described in the section on Data Management, within these terms and conditions.
LIST OF GENERAL DEFINITIONS:
Location -any building (building or land) of the working range of the site, identifiable by the address and geographical coordinates
Space -any place in a Location premises listed on the platform for the purpose of accommodating a Project’s activities on a temporary basis.
Project –the activity of an individual or legal entity for which he/it aims at finding a space for temporary use through the platform.
Listing -data entry process for information and media in connection with the Locations, Spaces or Projects wishing to operate on calup.ro
Location data sheet -the totality of the data and information about the history and characteristics of a building (location)
Space data sheet -the totality of the data and information relating to the characteristics and conditions for the use of a listed space
LIST OF WEBSITE SECTIONS DEFINITIONS:
Find a space -dedicated spaces available for temporary rental
Explore - map of unused or under-utilized locations in the city
Add a pin -the instrument through which you can add information about unused locations within the city.
Blog -page with articles and information concerning temporary use, unused spaces, activities and projects of urban regeneration
Add a space -page where you can register for temporary activities available spaces; This page is intended for the hosts, as defined below.
LIST OF DEFINITIONS IN RENTAL PROCESS:
Apply -the button through which the Customer shall indicate to the Host that he/she is interested in renting the host’s space.
Host -any individual or legal entity entitled to exercise over the temporary rental of space(s) that have a complete Space data sheet and are accessible to clients in the Find a Space section of the platform.
Client - any individual or legal entity who holds an approved Project Data Sheet and wishes to carry out a temporary activity in spaces available in the finds a space section.
List of spaces presented -the list of spaces for which a client has Applied
List of projects submitted –the list of projects that Applied to a space
I Accept –interest manifested by the Host on the Project presented by the Client for the Host’s space.
I do not accept -the refusal of a Host to receive further offers, for the same space, from a Client regarding the Project that he applied with.
The amount of the contract -the value of the rental price as listed in the rental contract
Deposit amount -the guarantee required by the host
Tender -notification from the host to the Client by expressing the financial conditions for the use of its space.
Refusal -cancellation of negotiation between Host and Client
Advance -payment required for the reservation of space
Reserved -confirmation of the reservation status of the space for the Client
Proof -proof that the payment has been registered
Within the Explore zone registered users can access the tools for the visualization and organization of the public data base provided by Platform. Also in this section users can add information about unused spaces through adding a pin.
ADD A PIN
- Registered users can contribute to increase or supplement the database through its own contribution by visiting the public form Add a pin on the base page toolbar in the Explore zone.
- Any time you entered through this form how many registered users automatically enters the scope of these terms and conditions, in the category of public Data.
- Using the form users undertake to introduce the correct database, current and complete.
FIND A SPACE ZONE
The Find a space zone refers to sections Find a space, the Space’s data Sheets, the Add a space and Add a project forms within the platform, as well as all automated processes offered by the Platform under those sections.
- When pressing the button to Add a space, a user can complete the registration form to list his/her space on the platform. The action is completed by pressing Send. Through this process you create a Space Data Sheet containing the particulars of that space, and the Location Sheet in which it is located.
- The user is contacted by Calup to verify and supplement information added, a process in which the user receives email, a link to the tested sheet space listed, in order to confirm the latter, as well as an information sheet on the Location in which the space is.
- Calup may require additional completion of information and media with a view to complete listing the space and improve the presentation. Calup reserves the right to select the spaces that appear on the platform.
- Calup can send a delegate to verify the information provided by the user. The delegate can modify and/or complete the space data sheet with observations on location.
- The user undertakes to grant access to the spaces added both in the run-up to the listing, and the entire period in which space is displayed on the platform in order to update data on the listed space.
- After the completion of the Space Data Sheet and confirmation by the user, the space is listed on the platform and becomes visible for projects that access the Platform. The user automatically receives the Host role. The specific terms and conditions regarding this role is specified in the USERS section.
- The host is obliged to announce the Calup team by mail, of any changes to the availability of space or the data appearing in the Space data sheet so as not to display erroneous information on the platform.
- Any information that is out-of-date may lead to delays or cancellation of lease contracts. Calup shall not be responsible for these delays or cancellations.
- If it transpires that the host has not provided data held by him about the space for the purpose of misleading, or to present the space in a favorable light, Calup reserves the right to stop access to the Space Data Sheet, remove the host title and/or access to the Platform for the host, as and where Calup sees appropriate.
- When pressing the button to Add a project a user can complete the registration form of the project. This action is completed by pressing Send. Through this process we create a Project Data Sheet that includes data and information about the activity and the purpose of that project.
- The user is contacted by a Calup representative for verifying and completing the information added, a process after which the user receives through email, a link to the completed sheet of the project in order to confirm it.
- Calup may require complementary information and media in order to finalize the listing of a project and reserves the right to select the projects that are supported on the platform.
- After confirmation of the Project Data Sheet, the user receives access to the appropriate spaces listed. The user automatically receives the role of Client and shall be subject to the specific terms and conditions as described in USERS section of these terms.
- The customer is obliged to announce the Calup team by mail on the changes that occur in the project so as not to send wrong information to the owners in the data sheet.
- Any information that is out-of-date may lead to delays or cancellation of the rental contract. Calup shall not be responsible for these delays or cancellations.
- Where the client provides incorrect data to the platform with the purpose to mislead Calup or to gain access to spaces that are not suitable for his project, Calup reserves the right to stop the client’s access to the platform for an indefinite period.
- Checked and confirmed projects have access to the available space’s data sheets that match their requirements and the Finds a Space zone. Clients can apply for a space by clicking Apply in the Space’s data sheet. By pressing the button, it automatically enters that space on the Presented spaces list for the client.
- Customers undertake to verify the features, amenities, availability and the conditions of the spaces. Schedules are made for informational purposes, Calup is not responsible for any incorrect or incomplete information.
- The Client or any other person employed in the execution of the project added to the Presented spaces list will not to rent the space without the knowledge of a Calup representative and only through Calup, where applicable.
- The host will receive notification by mail, or by other variants of notice on the platform developed for this purpose, with a link to the data sheets presenting projects who pressed Apply for the purpose of renting the listed space, as well as contact details of the Calup representative in charge of the process. These projects automatically enters the list of projects submitted for the space and host.
- Hosts agrees not to rent the space listed on the platform or any other space owned by the host, under his management, or representation to projects on the list of projects submitted, to the client or any interposed person, except through the Platform, or through a Calup representative.
- The host is obliged to respond with I Accept or I do not accept to notices received within 24 hours of receipt, by notifying the Calup representative. In case of acceptance the host will give a Tender containing the amount requested for the space rental for the period specified by the project and the amount of the deposit for guarantee (if any), with or without VAT.
- If a space has filled in the price section, the Tender will contain the set price value(s).
- The customer is notified via email containing the offer or the refusal of the host, along with contact details of the Calup representative in charge of this process, and can choose to book the space through the payment of an advance to Calup.
- The offer is valid for a period of 7 calendar days.
- In the event that further applications are made for the space in the period between application and booking, the host is obliged to notify the Calup representative associated with the space. the Calup representative will send a notification to the Client in this regard.
- The space is considered to be Booked at the time of payment by the client of the Advance. To avoid duplication of payments in case of reservation through bank transfer or money order, the customer is asked to send the Calup representative a Proof of payment in the shortest time from payment.
- At the time of confirmation of payment of the advance, Calup will send you a Notification by email to both Client and Host, together with the details of the transaction. According to Ordinance No. 130/2000 concerning the protection of consumers, the conclusion and performance of contracts, this referral has contractual value and obliges the host to reserve and lease the space to the customer for the period and the price fixed at the time of the project application.
- The client may cancel the booking within 10 calendar days of receipt of the Notification, but not less than 2 weeks from the date for which the reservation was made, in which case the amount of the advance will be refunded in full. Cancellation after this period leads to the forfeit of the advance by the Client.
- Cancellation does not absolve the Host of obligations relating to the list of projects submitted.
Access to www.calup.ro is done as a visitor, or password-validated account upon registration on the platform, for users who use the platform for specific activities.
For the security and protection of the platform and its users, users are asked not to disclose the platform access data to any third party. To not let other people use the platform in their account name. If the data access to the user's account ended up in the possession of other individuals, the user is asked to notify Calup in the shortest possible time, and begin the procedure of changing login information.
By accepting these terms and conditions, you must provide truthful information in any type of interaction with the platform, Calup and its partners, and are responsible for the accuracy, timeliness, and accuracy of the data you provide. Users are the sole people responsible for any information they share on the platform.
It is not allowed to add material that was the subject of legal proceedings or other similar complaints. The data include all material related to your user account: text, images, audio, video, or audio-video materials, which he places on the platform.
Calup dose not assume the role of correcting the data of each account individually, as well as any of its publication on the website but may do so as see fit.
By completing the Add a space form and acceptance of the space by Calup you will acquire the status of Host.
By agreeing to these terms and conditions you warrant that you have legal rights and exercise over the space added or you are authorized as a representative of the holder of the right, and that the data supplied to us shall be true, accurate and up to date.
By accepting an application, you confirm that you have the necessary authority for the signing of a lease agreement for the listed space on the terms of the application or you have a binding agreement for this with the individual or legal entity who has that authority.
As a Host you are obliged to show supporting documents concerning the rights to exercise over the space, at the request of the representatives of Calup.
By filling out the Add a project form and acceptance of the space by Calup you will acquire the status of a Client.
By agreeing to these terms and conditions you warrant that you have legal rights of representation of the project added, as well as the powers required for signing the contract on renting a space and that the data supplied to us shall be true, accurate and up to date.
By agreeing to these Terms and conditions, you agree to share to us the information necessary to promote your project to spaces that are located on the platform or to attract the inclusion of other spaces on the platform with the aim of increasing the spaces available and hence the chances of finding a space according to your project.
USER CONFIRMATION OF LEGITIMACY
Legitimacy is confirmed by registered user validation email account provided by the user upon registration. This will be done through the account validation e-mail sent automatically by the Platform towards email account upon completion of registration.
The data entered on the platform is organized in the following categories
It will be called Public Data, the data regarding the history and condition of the buildings and locations, with the exception of images, video, audio and/or applications, accessible on the platform within the site or data sheets through visualization, organizing and data downloading tools in the Explore Zone.
Public data can be copied, modified, grouped, you can make adjustments to, or derivatives based on these data for any purpose, with clear indication of the source, except for trading activities related to the promotion of real estate and/or the activities of real-estate agents. Any method of use of this data must give the same rights to the used data.
Some public data provided on Platform coming through collaborations between Calup and institutions, or other individuals or legal entities may contain other restrictions on their use. Before you use any data on the platform check the list of Data from third parties, and the specific terms for their use.
DATA FROM THIRD PARTIES
RESTRICTED PUBLIC DATA
Restricted public data are data collections organized into Data sheets accessible on the platform, sets of data viewable through the tools provided for this purpose in the Explore zone, and Articles that can be found in section Blog.
Restricted public data can be copied and distributed in their entirety only, and only for non-commercial, with clear indication of the source by displaying the corresponding URL of the web page, from which you can access calup.ro or by pressing share buttons, where they exist.
Private data are all data automatically collected from users, the data contained in the spaces and projects sheets held by private entities and companies, the spaces database, the projects database, images and video or other media available on the Platform, data collected through add space/project forms, and the software, code and design of the platform.
Any reproduction, modification or adaptation of the private data needs explicit accreditation from Calup
Through the agreement of these terms and conditions, you agree that you will not:
- copy, or use the private data for commercial purposes;
- sell, rent or sub-contract data from this website;
- use Private data on this Web site in order to publish them on other Web sites;
- show any material containing Private in public, with the exception of data made for this purpose;
- redistribute any materials on the platform containing private data, with the exception of the materials made for this purpose.
DATA ENTERED BY USERS
Through the introduction of content and data using the methods provided by the Platform, the user shall confer Calup a non-exclusive, free, transferable, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed.
The user undertakes not to introduce content whose copyright does not belong to, or does not have the right to use, reproduce, modify, adapt, publish and distribute free of charge. The user is solely responsible for the content placed on the platform, along with any responsibility for injury of copyright due to display of this content on the platform.
Calup reserves the right not to accept or to disable (with no possibility for users to reactivate them) the information or comments sent for publication or published contrary to the terms and conditions of use, those which are off-topic for what they have been entered or are deemed, unilaterally, as illegal, discriminatory, harmful, tortious, inappropriate or in any form has a negative effect of Calup’s own image, or it’s third-party partners.
SECURITY POLICY ON PROCESSING PERSONAL DATA
In accordance with the provisions of law 677/2001, S.C. CALUPU SRL, Based in Bucharest, sector 2, called the next, process personal data, respecting the principles set out below, for legitimate purposes.
The processing of personal data is carried out by means of automatic/manual, complying with legal requirements and in conditions that ensure the security, confidentiality and respect for the rights of the persons concerned.
THE PROCESSING OF PERSONAL DATA SHALL BE CARRIED OUT IN COMPLIANCE WITH THE FOLLOWING PRINCIPLES:
- Notification. The operator of personal data shall be notified to the National Supervisory Authority of the processing of Personal data;
- Legality. The processing of personal data is done in accordance with and in accordance with the legal provisions;
- The goal of the well-to-do. Any processing of personal data is done in purpose, explicit and legitimate, adequate, relevant and not excessive in relation to the order in which they are collected and subsequently processed;
- Privacy. Internal rules of organization and functioning of the institution contains regulations regarding confidentiality.
- Subject's consent. Any processing of personal data, with the exception of processing data in categories aimed at strictly specified in Law No. 677/2001, may only be carried out if the target person has given consent explicitly and unambiguously for the processing;
- Information. Information of individuals is made by the institution that processes the personal data of the data subject;
- Protection of the data subjects. Data subjects have a right of access to data which are being processed, to intervene over their opposition, and not to be subject to an individual decision, and the right to address the national supervisory Authority of the processing of Personal data or of a Court of law for the protection of rights guaranteed by law, they have been violated;
- Security. Security measures of personal data shall be such as to ensure an adequate level of security of the personal data processed.
RIGHTS of the DATA SUBJECT (REGULATED by LAW No. 677/2001)
- the right to obtain from Calup, on request and free of charge for one year, request confirmation that your data are processed by Calup;
- the right to obtain from Calup, on request and free of charge correction, updating, blocking, or deletion of data the processing of which does not comply with Law No. 677/2001, in particular data incomplete or inaccurate;
- the right to obtain from Calup, on request and free of charge processing in anonymous data to data the processing of which does not comply with Law No. 677/2001;
- the right to oppose, at any time, for good reasons and legitimate, as the data that you are targeting are subject to processing, except in cases where there are legal provisions to the contrary; in case of objection justified processing can no longer target dates;
- the right to address justice to defend any rights guaranteed by this law, which you claim has been infringed;
Also to the advertisement violation of law guaranteed. 677/2001 you can address to the national supervisory Authority of the processing of Personal data and/or the courts.
THE SECURITY OF PERSONAL DATA
Calup certifies that it meets the minimum requirements of security of personal data;
Calup is using security methods and technologies, together with the policies and procedures applied to employees working for the protection of personal data collected in accordance with the legal provisions in force;
Internal rules of organization and functioning of Calup contain regulations concerning the confidentiality of personal data that is processed within the institution;
Calup’s staff is trained with regard to the security and confidentiality of personal data that are processed;
Access to computers containing databases of personal data is restricted with account/username and password;
Personal data will not be transferred to third parties, except with the consent of the data subject, and access to the databases is permitted only to persons authorized to do so;
Any contract signed between CALUPU S.R.L. and/or CALUP Association and other entities, will take precedence over these terms and conditions.
Being a developing platform, we may change, suspend, withdraw, change or extend the content without notice. To do this, we reserve the right to suspend access to the platform or to stop for an indefinite period. The platform is not responsible for the information not updated nor makes responsible for its updating.
Calup does not warrant that:
- This site will be constantly online, or available;
- the information on this website is complete, true, accurate or not misleading.
The platform is offered as a tool and a database. Nothing on this website constitutes, or is intended to constitute advice. For legal or financial advice is recommended to see a professional.
As a user, you agree that Calup is not made responsible for:
- any accidents in the use of a listed space,
- for the accuracy of the data in terms of quality, legality or safety
- the interaction between users of the site
- for any direct or indirect loss, special or in consequence;
- for any loss of business, revenue, profits, savings, contracts or business relationships, loss of reputation or goodwill, or loss or corruption of data or information.
You agree to reimburse Calup for any losses, damages, costs, liabilities and expenses (including legal expenses, any sums paid by third parties for the purpose of settlement of claims or disputes) resulting from any violation by you of any provision of these Terms and conditions, or arising from a breach of any provision of these terms and conditions.
You agree that you will not bring personal injury claims against Calup, its associates or employees in respect of any losses incurred in connection with your use of this website. You agree that the limitations of warranties and liability set out in these terms and conditions of use will protect Calup well as its employees, or partners.
The rights and obligations of the parties which are required by these terms and conditions and all legal effects produced by the agreement shall be interpreted and governed by the law in force in Romania. Any dispute that relates to this agreement will be brought in front of the settlement toward an arbitrator, and in the conditions under which the parties do not agree on the appointment of an arbitrator within 15 days of the notification of the dispute, the dispute will be settled by the Romanian courts in the jurisdiction of CALUPU SRL headquarters
RIGHT TO CHANGE TERMS AND CONDITIONS
Calup.ro may at any time revise and modify unilaterally, in part or in full, the Terms and conditions of use. The resulting changes will apply from the date of their publication on this site. Please check this page regularly to ensure you are up-to-date with the latest version.
These terms and conditions constitute the entire agreement between you and calup in relation to the use by you of this website, and replaces all prior agreements relating to the use by you of this site.
PUBLICATION 18 January 2016.