Conditions for use of the MAGNA humanitarian organisation’s web portal

These terms of use enter into effect on 25 May 2018.

 

Please read these terms of use (“Terms”) because, when you use the MAGNA humanitarian organisation’s web portal (“Portal”), our relationship with you will be unreservedly governed by them. There is no obligation to donate to any of MAGNA's projects in order to use the Portal.

1. Introductory provisions

  1. These Terms govern the conditions under which we operate and provide the MAGNA portal on the website reached at www.magna.sk. The portal includes all and any part of the website, its sub-pages, their content, source and machine codes as it is at any time available and operated on the aforesaid domain ("Portal").
  2. The provider and operator of the Portal is MAGNA, občianske združenie, a civil association established at Štefánikova 19, 811 05 Bratislava, Slovak Republic and registered with the Ministry of Interior on 14 May 2001, File No   VVS/1-900/90-18491. Wherever the words “MAGNA”, “we”, “us”, “our” and “ours” are used, they refer to MAGNA, občianske združenie.

  3. The Terms also include the Privacy Policy, Cookies Policy and any additional terms and conditions posted by MAGNA at any time, while the Portal is operating, either as a link in these Terms or in any other way. If there is any discrepancy between the provisions of individual conditions mentioned in the previous sentence, the content of these Terms shall take precedence.

  4. Whenever you use the Portal, you agree to the conditions contained therein.

  5. By accepting these Terms, you acknowledge and warrant yourself to be entitled, in accordance with the applicable laws of the Slovak Republic and of the country of your citizenship or residence, to enter into the valid agreement established with MAGNA with your consent hereto. If you use the Portal as a representative of another person, by accepting these terms, you acknowledge and warrant that you have valid and effective authority to represent the person. If you accept these Terms on behalf of a corporation or another legal entity, you acknowledge and warrant that you are authorised, on behalf thereof, to enter into the valid agreement established with MAGNA when you consent to these Terms. If you neither have reached the age of majority in the country of your citizenship or residence, nor are you authorised to enter into an agreement under these Terms without the consent of a representative, then, by accepting these Terms, you acknowledge and warrant that you have the consent of a legal or other representative to use the Portal and for him or her to have acknowledged and accepted these Terms. Simultaneously, you acknowledge and warrant your ability to comply with all rules, declarations and warranties, and to meet all conditions, obligations and commitments set forth herein.

  6. These Terms apply to everyone who in any way uses the Portal.

  7. We are entitled anytime to change or amend these Terms. The Terms, as amended, enter into force and effect when they are published on the Portal’s website or mobile application (if created). Every time you log into the Portal and use it, you thereby express your consent to any new Terms. You will be required to become acquainted with the new Terms before you use the Portal any further.

  8. Unless you agree to all of the conditions set forth in these Terms, you will not be entitled to use the Portal and, therefore, you should cease using it. Your access to the Portal may be restricted in such a situation. If you are dissatisfied with any part of the Portal or its functionality, or with the services provided by MAGNA, the only way to express your disagreement is by ceasing to use the Portal.

  9. The provisions of these Terms apply to the extent appropriate for the use of our programs and applications designed to access the Portal on any device, at any time in the future.

2. Conditions for use of the Portal 

  1. Anyone 16 years of age or over is allowed to use the Portal. Unless you are at least 16 years of age, you will not be allowed to use the Portal.
  2. In using the Portal you undertake:
    a) To use the Portal solely as authorised, in compliance with these Terms and/or the applicable laws of the Slovak Republic; and
    b) Not to sell, lease or provide to third parties the Portal or any part thereof, for consideration or at no charge, without the consent of MAGNA (e.g., as “cloud computing” or “software as a service”), nor to encumber in any way the right to use the Portal.

  3. You are not allowed, when using the portal:
    a) To collect, process or otherwise dispose of personal data or other content belonging to MAGNA or another user of the Portal for any purpose;
    b) To use automatic means and instruments, such as robots, to download, analyse and retrieve details, data and content of the Portal, or to sort or otherwise use them other than either in compliance with these Terms or with the consent of MAGNA, save for non-commercial search engines and non-commercial public archives;
    c) To access without authorisation any computer program, system, server or infrastructure of the Portal or another MAGNA system, or to perform anything that endangers the operation of the Portal, impairs its quality or impedes its functionality;
    d) To try logging in as another user of the Portal without the user's explicit consent.

  4. You are allowed to use the Portal only as we have developed the Portal to be used, either using browsers or through any mobile application we create (if created). You may not enter the Portal other than through dedicated programs and interfaces.

  5. Abuse of the Portal is prohibited. We are entitled to suspend or revoke your use of the Portal either if you violate these Terms, or if, in our sole discretion, you are interfering with the operation or use of the Portal.

  6. Any restrictions specified in this section of the Terms shall generally apply, except when some use of the Portal is expressly permitted by laws of general application, but only in so far as authorised by law.

  7. We have the option of placing third-party advertisements at different parts of the Portal, in connection with the use thereof, and are entitled to change and add space for the placement of advertisements at our own discretion.

  8. The Portal may also be used for other third-party services. Use of these services may be governed by the providers of these services under their terms.

  9. The Portal may contain links to other websites and files. MAGNA has no control over the content of these websites and files and is in no way responsible for the content, services and materials found on these website

    3. Conditions for setting up and managing user accounts

    1. User accounts may be established in the Portal in connection with donations or gifts.

    2. You can open a user account by completing and submitting a registration form to the Portal when you make a donation or gift. Establishing a user account lets you use some of the Portal's other functions and allows you to access certain portions of the Portal not accessible to unregistered donors, in particular, sections enabling you track the use of your donations and gifts more closely, how much you have donated and when you made the donations and/or gifts.

    3. When you open a user account on the Portal, you will first log in with an automatically generated password, which will be sent to your email address. You can subsequently change the password. We recommend using a password that contains a combination of uppercase and lowercase letters, numbers and other characters not attributable to you or account.

    4. By opening a customer account, you agree and will be responsible:
    a) For providing current, accurate and complete information required for registration;
    b) For maintaining the accuracy, completeness and timeliness of the information provided; and
    c) For implementing all measures to protect your password and account.

    5. Whenever, as part of using the Portal, you enable third parties to use it by accessing your account, you are responsible for their compliance with these Terms while they are using the Portal. Violations of these Terms by third parties using your account will be regarded as a violation of these Terms by you.

    6. If you believe or suspect that the security of your account has been compromised and/or a third party has gained unauthorised access to your account, please contact MAGNA immediately. Likewise, if MAGNA suspects that the security of your account has been compromised and/or a third party has gained unauthorised access to your account, MAGNA will take the necessary security measures (e.g., blocking your account, where the account owner will have to ask MAGNA to unblock it). MAGNA is not liable for any damage caused to you by a security breach of your account or as a consequence of a third party having gained unauthorised access thereto.

    7. If the Portal ceases to function or its functionality is impaired, your user account will be either blocked or closed in accordance with these Terms and you may be denied access to your user account and any content therein. MAGNA is not required to disclose to you the content of your user account, once it has been deleted.

    8. If you wish to close your account or delete it, please contact us at komunikacia@magna.org.


    4. Rights to the Portal and content


    1. MAGNA is the exclusive owner and sole holder of all proprietary rights and other intellectual property rights to the Portal and any part thereof, and of the Portal’s content, trademarks and logos.

    2. Accepting these Terms and using the Portal does not confer to you any proprietary rights, licenses, sub-licences or other rights to the Portal (and, in particular, any right to modify or change the Portal, to interfere therewith, to process, adapt and create derivative works, to duplicate the Portal, to distribute the Portal or copies thereof and the like). The Portal and all its components, including photographs, videos, graphics, layouts, texts, interfaces, and other parts thereof are protected by the laws of the Slovak Republic and international treaties on intellectual property rights. Any use of the Portal other than in compliance with these Terms requires the written consent of MAGNA. You are not entitled to use any of the MAGNA brands or logos, or other graphics found in the Portal, unless given consent thereto by MAGNA.

    3. You are not entitled to modify the Portal’s source or machine code, or to attempt to reverse engineer or otherwise interfere with its functionality. The Portal is not provided under any freely redistributable licences (GNU Generally Public Licence or other freely redistributable licence).

    5. Modifications to the Portal

    1. We reserve the right anytime to change, supplement, suspend or terminate operation of the Portal or any part thereof. Likewise, we reserve the right to add new restrictions on use of the Portal.

    2. You are not entitled to pursue any claims or seek compensation for damages or loss from MAGNA, or to be indemnified by MAGNA, for any changes or supplements to, or for suspension or termination of the operations of the Portal or part thereof in connection with your use of the Portal.

    6. Liability

    1. MAGNA does not warrant or represent any of the following:
    a) Timely, uninterrupted and error-free provision of the Portal;
    b) Compatibility of the Portal and faultless operation with any other hardware, software, system or data;
    c) Elimination of errors in the Portal in a proper and timely manner.

    2. MAGNA is not responsible for defects in the Portal and does not guarantee the quality thereof (exclusion of the Parties from the scope of Sec. 562 of the Commercial Code of the Slovak Republic with respect to the Portal).

    3. MAGNA operates the Portal and provides it “as is”, with no warranties or representations.

    4. Neither MAGNA, nor its directors, officers, employees, other workers, agents, and suppliers are in any way responsible for direct, indirect, incidental or consequential damages (including lost profits), loss of goodwill or damage to data either caused by or resulting from use of the Portal, its availability, reliance on the use, features and/or functionality of the Portal, impossibility of using the Portal, or either modification or blocking of the Portal, even after you have notified us thereof.

    5. MAGNA is not responsible for errors in the Portal, or for unavailability or outages thereof, caused by errors, unavailability or outages in your systems, public communications networks or the electricity supply.

    6. If your local law or jurisdiction provides you with a certain warranty on the Portal, then we will provide you exclusively with the warranty only in the scope thereof, to the exclusion of all else.

    7. Donations and Gifts

    1. Any donation or gift made by you establishes a contract of gift between you and MAGNA under applicable provisions of the Civil Code.

    2. MAGNA will make every effort to make the most of donated funds available for the purpose for which you have donated them.  Notwithstanding, MAGNA reserves the right, in exceptional cases, to decide on the use of donated funds for other humanitarian or charitable projects (e.g., in the event of a momentary disaster, humanitarian crisis or crisis situation). A portion of funds donated to MAGNA are used to cover its own costs and MAGNA's essential operations.

    3. You have the right to request the return of a donation or gift only if applicable provisions laid down in the Civil Code are met.

    8. Final provisions

    1. You are not entitled to transfer or assign any rights laid down in these Terms to a third party without the consent of MAGNA.

    2. These Terms comprise the complete and sole agreement between you and MAGNA regarding the conditions for use of the Portal and supersede any prior written or oral agreements or arrangements between you and MAGNA in respect thereof.

    3. Any option by MAGNA not to exercise a right or claim under these Terms does not constitute a renunciation or waiver thereof and MAGNA is entitled at any time to exercise any such a right or claim.

    4. Should any of the clauses in these Terms between you and MAGNA be invalid at the time when entering thereupon, or if they were to become invalid after the conclusion thereof, such invalidity shall not affect the remaining clauses herein. The provisions of the Civil Code, Commercial Code, Copyright Act and other legislation of the Slovak Republic coming closest to the content and purpose of the invalid clause shall be applied in lieu thereof.

    5. When messages are e-mailed, the message is deemed to have been received upon delivery to the addressee’s e-mailbox. When written documents are sent through the post, the consignment thereof is deemed to have been delivered, even if the addressee either refuses to accept it or fails to accept it by his or her own fault or omission. In such a case, the consignment is deemed to have been received upon the expiry of the period it is kept by the post office, whose length is determined by the sender’s destination, and upon the consignment’s return to the sender, whereby the sender shall provide evidence of it not having been damaged. Notifications delivered by a carrier or courier service are deemed to have been received at the moment when they are taken by the addressee. Should the courier service fail to deliver the notification, it is deemed to have been delivered on the third day subsequent to the first attempt at delivery, whereby the carrier or courier service shall provide evidence through a statement of its attempt to deliver the notification.

    6. The contractual relationship between you and MAGNA arising under these Terms is governed by the laws of the Slovak Republic. The Courts of the Slovak Republic shall have sole jurisdiction over any dispute which relate to claims arising from these Terms or use of the Portal, or associated with these Terms or the Portal. You and MAGNA agree for such disputes to be subject to the jurisdiction of these courts.

    7. If there are any questions, you can contact us at komunikacia@magna.org.

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