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Terms of use
- General Provisions
- The terms of provision of services on the website of Public Institution Bendruomenių kaitos centras, legal entity code 125609177, with it registered office at Jakšto g. 9, Vilnius (“BKC”) at www.impactyouth.eu (the “Website”), hereinafter – the “Terms”, govern the terms and conditions for supplying products and services purchased via the Website and the rights and duties of persons using the Website (the “Person” or “Persons”).
- “Persons” refers to all persons using the Website. This term collectively refers to both Persons who submit a project and seek to obtain funding (the “Developer” or “Developers”) and Persons who provide funding to the Developer (the “Sponsor” or “Sponsors”). Persons individually are referred to as the Person, the Developer or the Sponsor.
- Before starting to use the Website and the opportunities it provides to purchase products or services or otherwise use the Website, every Person must read the Terms closely and carefully. By using the Website the Person confirms his or her agreement to act fairly, carefully and to abide by and comply with the Terms.
- These Terms do not limit, and in no event they may be interpreted as limiting, the rights of Persons ensured to them by the laws and other legislation applicable in the territory of the Republic of Lithuania.
- These Terms apply to Persons insofar as they are not in conflict with the laws and other legislation or insofar such laws and other legislation are not intended to govern specific relations.
- In view of the purpose of, and the initiatives promoted through, the Website, entitled to post their projects on the Website will be only those Developers who under the applicable law are from 14 to 35 years of age and have full legal capacity (or lawful representatives of such individuals) and who are engaged in permanent activities or are nationals of the Republic of Estonia, the Republic of Latvia or the Republic of Lithuania, or Persons holding a permanent residence permit in any of these countries.
- Website Usage
- By starting to use Website services, Persons undertake to adhere to all laws and other legislation applicable in the territory of the Republic of Lithuania governing the use of electronic communications and conduct while using internet networks.
- The use of Website services is prohibited where such use:
- is aimed at or enables interfering with the smooth operation of the Website or provision of the services;
- is aimed at or enables causing harm to anybody, violating the applicable laws and other legislation;
- interferes with or disrupts the provision of services, interferes with the operation of servers and/or networks.
- Persons agree that for the purpose of personal data processing BKC may use the data of Persons:
- to provide information to the respective authorities, where the provision of such information is mandatory under law and other legislation;
- to transfer information to third parties in order to ensure the proper fulfilment of obligations (e.g. to a payment intermediary).
- Personal data provided by Persons are stored and processed in line with the legislation governing the legal protection of personal data.
- BKC confirms that no data of the Person, including, without limitation, contact details provided upon registering, will be used for commercial purposes.
- Registration with the Website
- Persons willing to make full use of the Website and the services provided by BKC are required to:
- go through the registration process and complete all mandatory fields in the registration form or register for access via the Person’s account at www.facebook.com. A notification of successful registration will be sent to the e-mail address provided by the Person.
- confirm that s/he has closely and carefully read this Policy upon registration, understands and accepts all the terms set out herein and undertakes to abide by the procedures and conditions contained in the Policy.
- confirm that the data provided upon registration is correct, accurate and complete and the Person will be liable for any losses resulting from the provision of incorrect data.
- notify of any changes in the registration data without delay, but no later than within 2 (two) business days of the occurrence of a change in such data.
- BKC reserves the right to terminate or suspend access to the Person’s account immediately, without further notice, and for any reason whatsoever, including, without limitation, in the event of a breach of these Terms by the Person.
- Where access is terminated, the Person is no longer entitled to use the access. If the Person is willing to terminate access independently, the Person is entitled to discontinue the use of the Website.
- The Person is entitled to terminate his or her registration with the Website only after having duly discharged all his or her obligations to BKC.
- The Person undertakes to use every effort to maintain confidentiality of provided data and login data from third parties.
- The Person will be liable for damage resulting from the use by third parties of the Person’s access data if not later than within 2 (two) business days the Person fails to notify BKC of unlawful actions or omission on the part of third persons.
- Persons willing to make full use of the Website and the services provided by BKC are required to:
- Liability of BKC
- For the avoidance of doubt, products and/or services offered through the Website are not offered directly on behalf of BKC. BKC is not the seller of such products and/or provider of such services. The suppliers of products and/or services are indicated on the Website separately for each product and/or service offered.
- BKC does not determine or regulate the price, quality and other conditions in respect of the products sold or services provided by third parties. The quality of products or services is guaranteed by the seller of specific products or provider of specific services. BKC provides the technical platform to facilitate cooperation between Persons. BKC is entitled to charge and charges a 7% administrative fee for the provision of the technical platform, such administrative fee covers financial intermediary service related expenses and other necessary third party service related expenses.
- BKC regularly updates offers and services provided via the Website. Products or services displayed on the Website may be wrongly priced, characterized, described, or no longer applicable. Related information displayed on BKC Website and other websites may be no longer relevant or applicable.
- BKC cannot provide and does not provide any guarantee as to full relevance of information, including the prices, appearance, specification, availability, etc. of products or services. BKC reserves the right to change and update information or correct errors and inaccuracies at any time, without further notice.
- Payments
- Placement of an order and reservation of funds involve the following steps:
- selection of the project for funding and the amount from among the options offered on the Website.
- careful and consistent analysis of the information on the specific offer posted on the Website.
- if following the analysis of an offer the Person is willing to provide funding, the Person needs to press on the link labelled ‘Funding’.
- the Person confirms that s/her has read the Terms in the respective field of the form ‘I confirm acceptance of the Policy’.
- selection of the payment method and making a direct payment for the selected products and/or services. Payments are effected through Paypal and Paysera payments collection systems.
- the Sponsors’ funds are held in BKC account until the expiration of the funding period, which extends over a period of 30 calendar days (the “Funding Period”). If on expiration of the Funding Period the Developer has attracted the amount of funds specified for the project, such funds less the administrative fee due to BKC are transferred to the Developer’s account.
- a payment may be cancelled at any time before expiration of the Funding Period. To cancel a payment, the Sponsor must notify BKC to that effect in writing, with details of the project title, the amount and the end date of the Funding Period. If a payment is cancelled, the cost of returning of the funds is borne by the Sponsor, as specified in paragraph 5.1.8.
- if during the Funding Period the Developer fails to collect a certain amount of funds specified for every project, BKC shall no later than within 2 (two) business days return the funds to the Sponsors and the Developer shall cover the funds return fee at a rate of at least 7%. This provision is considered to be material. Should the Sponsor cancel a payment before the end of the Funding Period, the funds return fee will be covered by the Sponsor.
- the following detailed information is available on every product or services that can be purchased via the Website:
- main characteristics of the product or services;
- product price and delivery terms (if applicable); and
- other relevant information.
- in addition, information is provided on the seller of the product or provider of the services. Sponsors may directly seek additional information from the Developer.
- If any error is discovered in the information provided to BKC or in the funds reservation notice, such error will be corrected without delay, but no later than on the business day immediately following the date of receipt of an error report by BKC e-mail hello@impactyouth.eu.
- Notices may be given both in Lithuanian and English, or a translation into either of these languages may be provided.
- Placement of an order and reservation of funds involve the following steps:
- Project Implementation
- Projects advertised through the Website are social business projects, i.e. projects combining social value and financial sustainability. Developers submitting a project and seeking funding for the development of a specific product or service are required to name the social solutions to which the project will contribute.
- Developers will independently post their projects on the Website.
- BKC reserves the right to remove a non-compliant project without giving any further explanation.
- The Developer undertakes to:
- refrain from posting such projects that are contrary to the objectives, provisions of the Website, the public interest, the rights and lawful interests of the public and individual persons.
- regularly or upon request supply to the Sponsor information on the progress of the project.
- return the funds to the Sponsor if the project fails to be implemented, i.e. the specified product or service is not developed until the specified time limit.
- pay the administrative fee to BKC if the entire funding requirement or an amount above the funding requirement is attracted for the project during the Funding Period. Such fee will be deducted from the attracted amount before transferring the funds to the Developer. Following completion of an assignment, an invoice will be sent to the Developer to the e-mail address designated upon registration.
- A project is deemed successful if at least 75 % of funding requirement is attracted over the Funding Period; the Funding Period will be considered to be of the essence because upon the lapse of the Funding Period funds will no longer be collected. It should be noted that a project is deemed to be successful when the entire funding requirement specified for the project, or an amount above the funding requirement specified for the project has been attracted, while a project is deemed unsuccessful when the amount of funds attracted over the Funding Period is not sufficient.
- Risk
- By providing funding for a project, the Sponsor assumes the risk involved in funding the development of prospective items, i.e. products or services. Such type of funding neither obligates nor may obligate the Developer to develop a product or services in the future; however, the Developer is required to make every effort to ensure the proper fulfilment of its obligations. In the event of failure to develop a product or service, the Developer must pay amounts due to the Sponsor.
- Without prejudice to paragraph 7.1, the Developer is required to pay BKC the administrative fee, calculated as 7 (seven) per cent on the total attracted funding amount.
- BKC will not be responsible for any intermediation fees that may be charged by a payment intermediary (bank, etc.). Such intermediation fees are the responsibility of Persons.
- Following the proper debiting, transfer and receipt of funds, mutual contractual relations will exist solely between the Sponsor and the Developer. Each will be responsible for the proper fulfilment of their obligations to each other.
- Protection of Intellectual Property
- All rights to this Website are protected as laid down by the laws and other legislation of the Republic of Lithuania. Any copying or other reproduction of the texts, logos, photos and all other design elements of the Website for commercial use or other purposes infringing the rights of BKC and third parties is prohibited.
- The Website enables to publish, link to, save, share or otherwise make accessible certain information, text, graphics, video recordings and other materials (the “Content”). The Person is liable for the Content that the Person shares on the Website, including the lawfulness, reliability and appropriateness of such content.
- By posting the Content on the Website, the Person grants permission to BKC to modify, perform publicly, publish, reproduce and distribute such content via the Website. Persons retain all the rights they have to the Content that they provide, post and display via the Website and are responsible for the protection of such rights. Persons confirm that they authorise BCK to allow access to the Content by other Persons who may use the Content in accordance with these Terms.
- Every Person represents that:
- s/he is the exclusive owner of the Content, or the Person has a right to use such Content and to authorise its use by BKC;
- publication of the Content via the Website does not infringe any rights to privacy, advertising rights, copyright, contractual rights and any rights of any other persons.
- The Website and the content posted on it (except for the content posted by Persons), the functions and functionality of such content are the exclusive ownership of BKC.
- Final Provisions
- These Terms govern the general use of the Website. BKC reserves the right to make changes to these Terms, and any such changes shall take effect on the day following the date of publication of such changes on the Website.
- These Terms are governed by and should be construed in accordance with the laws of the Republic of Lithuania without giving effect to any conflict of laws provisions of the Republic of Lithuania.
- No failure on the part of BKC to exercise any provision or right under these Terms will invalidate such provision or right. If any provision of these Terms is declared by a court to be invalid or unenforceable, the remaining provisions will not be affected.
- BKC reserves the right to change at any time the services indicated on the Website or individual terms of the services, as well as any information.
- BKC is entitled to suspend or overall terminate, without prior notice, the operation of the Website.
- Any disputes arising from or related to the operation of the Website shall be resolved by way of negotiation; failing that, disputes shall be referred to a competent court of the Republic of Lithuania.
- The Terms shall take effect as of confirmation by the Person of his or her acceptance of the Terms and shall continue in effect throughout the lifetime of a relationship between the Person and BKC.