TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE omenaa.org WEBSITE

§ 1. General provisions

These Regulations (hereinafter referred to as the “Regulations”) define the rules for using the Omenaa Foundation website (hereinafter referred to as the “Website”), available at: https://omenaa.org/.
The operator of the Website is Omenaa Foundation with its registered office in Warsaw at ul. Heleny Kozłowskiej 1 lok. 43, 00-710 Warsaw, entered into the register of associations, other social and professional organizations, foundations and independent public health care institutions of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000509539, NIP: 5272719133, REGON: 147357946 (hereinafter referred to as the “Foundation”).
The User of the Website (hereinafter referred to as the “User”) is any person who uses it.
The website operates on the basis of the “cookies” technology. The rules for the use of cookies by the Foundation are contained in the Privacy Policy available at: https://omenaa.org/en/privacy-policy.
The Foundation may also process the personal data of Website Users. The rules for the processing of personal data by the Foundation can be found at: https://omenaa.org/en/privacy-policy.
The operator of online payments made through the Website is PayPro S.A. with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number: 0000347935, NIP: 7792369887, REGON: 301345068.
All rights to the Website, including intellectual property rights to its name, Internet domain, as well as to patterns, forms, logos, banners and photos posted on the Website, belong to the Foundation. Any materials made available through the Website may not be reproduced or distributed in any form or by any means in any fields of exploitation, including copying, photocopying and digitization, including posting on the Internet, without the written consent of the Foundation, except for materials marked with the phrase “Download”, which can be downloaded and used in accordance with the law. The use of trademarks or graphic works covered by copyright belonging to the Foundation without the consent of the Foundation is prohibited.
Any User of the Website may contact the Foundation by sending electronic correspondence via the contact form posted on the Website, directly to the e-mail address: [email protected] or by traditional mail to the address of the Foundation’s registered office.

§ 2. Terms of Service

The User using the Website is obliged to read these Regulations and to comply with its provisions. Use of the Service means acceptance of these Regulations.
The use of the Website is free of charge and does not require registration.
The user bears the costs of connection to the Website, in accordance with the price list of the telecommunications operator serving them.
Through the Website, the Foundation enables the User to use the following services: a) familiarizing with the content provided by the Foundation, in particular, regarding the project “Become Who You Want” (“Project”) implemented by the Foundation; b) contacting the Foundation; c) making payments (donations) via online payment “Przelewy24” under the conditions specified in the Regulations of the payment operator – PayPro S.A.
The Foundation is not an entity providing payment services.
In order to support the implementation of the Project, online payments can be made according to the following methods: a) online or traditional transfer; b) Blik; c) installment or deferred payments (for some donations).
All receivables transferred to the Foundation via online payments must be expressed in Polish currency – PLN.
Details of transactions are provided in the “Przelewy24” regulations available at: https://www.przelewy24.pl/regulamin.
The Foundation may provide functionality within the Website enabling the User to regularly support the Foundation’s activities within the Project (hereinafter referred to as “Recurring Payment”).
The Recurring Payment is a monthly donation automatically transferred by means of a payment card.
In order to start the Recurring Payment, select the “Recurring Payment” option or the similar option available on the payment form.
After verifying the payment card details, the Foundation will receive the first donation and the User will receive an e-mail confirming the correct launch of the Recurring Payment.
Subsequent donations as part of the Recurring Payment will be automatically transferred to the Foundation by the 10th calendar day of each month.
The User may cancel the Recurring Payment at any time. For this purpose, the Foundation should be contacted.
In order for the Users to properly use the services available on the Website, it is necessary to: a) connect to the Internet; b) have devices that allow the use of Internet resources; c) use a web browser that allows displaying hypertext documents on the device screen, linked on the Internet by a WEB service and supporting the JavaScript programming language, and also accepting cookies.
The Foundation indicates that the use of the Website depends on the properties of the Internet network and the User’s computer equipment, which are not influenced by the Foundation.
The Foundation is not responsible for disruptions in the use of the Website, including interruptions in the functioning of the Website caused by force majeure, unauthorized operation of a person or third parties or incompatibility of the website with the technical infrastructure of persons using or attempting to use the Website.
The Foundation is not responsible for blocking the sending of e-mail messages (or deleting e-mail messages) by the administrators of mail servers or by software installed on the computer of the person using the Website, including anti-spam filters.
It is forbidden to post illegal content on the Website, in particular, content calling for racial, ethnic, religious or sexual hatred, containing pornographic content, praising fascism, Nazism, communism, promoting violence, insulting religious feelings, violating the rights of other people, including, in particular, their personal rights.
If the Foundation becomes aware of the User placing illegal content on the Website, it will immediately prevent access to it. In the event of an incorrect blocking of access to the published content, please contact us at: [email protected] within 7 days of the blocking date. After this period, the published content may be irretrievably deleted by the Foundation.
All content and comments are posted by the User of the Website in their own name and exclusively on their own responsibility.

§ 3. Conditions for concluding and terminating contracts for the provision of electronic services

The contract for the provision of electronic services is concluded for an indefinite period and may be terminated by the User or the Foundation on the terms specified below. The contract for the provision of services by electronic means shall be deemed to have been concluded when the User starts using the Website.
Without giving any reason, the User is entitled to terminate the contract for the provision of electronic services at any time, with immediate effect.
Termination of the contract for the provision of electronic services by the User may take place in any way, in particular, by: a) ceasing to use the Website; b) sending a written statement to the address of the Foundation’s registered office or to the Foundation’s e-mail address indicated in § 1 section 8 of the Regulations.
The Foundation has the right to terminate the agreement, the subject of which are services involving Recurring Payments, with a monthly notice at the end of the calendar month, due to important reasons consisting in the cessation of the provision of the service being the subject of the agreement, by submitting to the User a notice of termination.
The declaration referred to in section 4, is submitted by its publication on the Website.
The Foundation is responsible for not performing or improperly performing the services covered by the contract with the User in accordance with generally applicable provisions of law.

§ 4. Complaints

Each User has the right to lodge a complaint in matters related to the functioning of the Website, as well as the performance of services specified in § 2 section 4 of the Regulations by the Foundation.
Complaints should be submitted electronically (to the Foundation’s e-mail address indicated in § 1 section 8 of the Regulations, by entering “Complaint” in the title) or in writing.
The Foundation will respond to the complaint within 30 days of its receipt.
The response to the complaint will be sent to the User to the e-mail address indicated in the complaint or if the complaint was submitted in writing, to the e-mail address indicated in writing or in writing to the address indicated in the letter. The Foundation is entitled to leave the complaint unanswered, if its content does not indicate data enabling contact with the User.
The Foundation informs that complaints regarding services provided electronically by third parties to which access is related to the use of the Website by Users, including online payments provided by the operator, are considered by these third parties on the terms and in the manner specified in the regulations for the provision of services by these persons.

§ 5. Final Provisions

In the event of changes in the services, introduction of new functionalities of the Website or termination of the provision of services, the Foundation reserves the right to change these Regulations.
Amendments to the Regulations will be published by the Foundation 7 days in advance of their entry into force.
The Foundation has the right to discontinue any of the forms of activity described in the Regulations at any time.
The Foundation reserves the right to disable the Website or limit the possibility of placing any content on it.
The invalidity of one of the provisions of the Regulations does not affect the validity of the remaining provisions thereof.
The applicable law is Polish law.
Any disputes between the Foundation and the User arising in connection with the User’s use of the Website shall be settled amicably in the first place. In the event of disagreement, the court competent to settle disputes is the court competent for the seat of the Foundation.
The Regulations are available to Users as part of the Website, at: https://omenaa.org/en/terms-and-conditions/.
The Regulations in their current version shall apply from 9 February 2023.