Because we understand that accessing our services may be difficult, we still provide a set of principles and rules on how to use and access our services on the puapi.com website (including all of its subdomains), as well as applications. mobile managed by us.
Depending on the evolution of the legislation, the services we offer and the locations in which we offer these services, this document is subject to change. This document aims to present the principles and main rules that a customer who wants to benefit from our services must follow.
The Terms and Conditions of access are the minimum rules that are completed with the provisions of the legislation in force and possibly with the provisions of the contract concluded with one of the legal entities acting under the umbrella of PUAPI LTD.
This document respects the principle of equality before all clients, based on criteria of sex, sexual orientation, genetic characteristics, age, national affiliation, race, color, ethnicity, religion, political choice, social origin, disability, situation or family responsibility, affiliation or trade union activity, respecting at the same time the commercial conditions agreed by contracts.
Please read this document carefully. By browsing our website and our mobile applications or placing an application, you agree to the terms and conditions described below.
Please also read our Privacy Policy and Cookie Policy before browsing the site or placing a request.
If you do not agree with these Terms or the Policies indicated above, please do not use the platform.
We reserve the right to change these Terms at any time without notice. By accessing our site you will find the latest version of the Terms.
WHO WE ARE
The puapi.com platform as well as the mobile applications under the name of Puapi are owned and managed by the data operator PUAPI LTD, 43 Wroxall Drive, Coventry, United Kingdom, C.U.I. 13718469, telefon: +447523884419, e-mail: contact@puapi.com
Puapi LTD has appointed a Data Protection Officer who can be contacted at PUAPI LTD, 43 Wroxall Drive, Coventry, United Kingdom or by email at a.maties@puapi.com
[Puapi LTD has appointed a Representative in the European Union who can be contacted at [a.maties@puapi.com]
PURPOSE OF THE DOCUMENT
This document (hereinafter referred to as the User Agreement) describes the terms and conditions that you accept when you use our Website and our services within our Mobile Applications.
DEFINITIONS
"User" means any natural person over the age of 16 or a legal person who has or obtains access by any means of communication to an Account, provided by PUAPI LTD (electronic, telephone, etc.) and who accepts the conditions and terms from this document. „Cont” inseamna un cont asociat cu o adresa de email si un set de date care identifica un Utilizator, cont care are o activitate in ultimele 12 luni.
"Account activity" is a minimum usage action (Account login) performed by the user on his account.
"Platform Operator" means the company Puapi LTD that manages the Website and the Mobile Applications.
"Website", "Mobile applications", "Digital platforms" means the software product hosted on the puapi.com domain and the online applications with the name Puapi hosted in the mobile application stores Google Apps, Apps Store, Huawei Store.
"Buyer" means any User who purchases a service through the Website or Mobile Applications provided by Puapi LTD.
"Seller" means any User who sells a service through the Website or Mobile Applications provided by Puapi LTD.
"Seller's Services" means all of the goods and services offered by a Seller through the Website and Mobile Applications.
"Specifications" means any details regarding the features of the Services as specified in the description available on the Website and in the Mobile Applications.
"Dispute Process" means the entire process of resolving disputes between Users, Buyers, Sellers and the Platform Operator.
"Verified User" means a User who has provided the Platform Operator with the data necessary to validate a complete verification.
"Idle account" means an account that has not been used for more than 12 months.
"Intellectual Property Rights" means all proprietary rights with reference to the products and services displayed by Sellers on the Website and in Mobile Applications.
"Payment" ,"Payment Time" means a partial or total payment made by the Buyer for one of the services purchased through the Website and the Mobile Applications.
"User Agreement" means (a) this Terms and Conditions document; (b) The Code of Conduct and Use of the Website and Mobile Applications; (c) any contractual terms accepted by both the Seller and the Buyer at the time of purchase of a service by a Buyer, which do not contravene the Code of Conduct or this document; (d) any other conditions that may be brought by the Platform Operator and that he informs the Users.
"Confidential Information" means any information relating to a User with restricted access.
"GDPR" means REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
INTRODUCTION
By accessing the Digital Platforms, you agree to all of the terms and conditions set forth in this document.
We, Puapi LTD, can modify this document without prior notice to Users.
Digital platforms are an online interface through which the Platform Operator makes available to Buyers the services offered for sale by Sellers. Both Buyers and Sellers are Digital Platform Users who must have an active account.
The User Account allows the sale or purchase of services and their payment. The platform operator is not part of any contract between Sellers and Beneficiaries, but only mediates the contact between the two parties.
From time to time, the Platform Operator may introduce new information or services in this document without prior notice. It is therefore necessary for Users to consult this document to find out the latest updated conditions.
CONTEXT
Before using the Digital Platforms, it is very important that you read and accept this document, the Code of Conduct and all Policies associated with our services.
By accepting this User Agreement, you agree that these terms and conditions apply each time you use the Digital Platforms provided by Puapi LTD.
ELIGIBILITY
In order to use the platform you must (1) be over 16 years old and / or have full capacity, (2) have a valid email address and a valid phone number (3) provide us with real, complete contact information and updated.
The personal data you provide to us will be processed in compliance with national and European legislation on the protection of personal data. For more information, please see our Privacy Policy.
RULES REGARDING THE USE OF DIGITAL PLATFORMS
Promise to follow the rules below:
- You will provide real, complete and updated information;
- You will not place any false or fraudulent order, otherwise we reserve the right to cancel the order and inform the competent authorities;
- You will respect the intellectual property rights regarding any element found on this site.
- You will not take any action that could cause any harm to the Digital Platforms.
- To comply with the legislation in force;
- If you are a Seller, provide on time the services purchased from you
- If you are a Buyer, pay on time for the services purchased from the Sellers;
- Do not transfer the User Account to another individual;
- Do not transfer the login information of the User Account to other unauthorized persons;
- Do not distribute spam, unsolicited commercial messages, viruses, malware or other malicious software;
- Do not use threatening, abusive, defamatory, vulgar, obscene, inciting hatred towards other Users;
- Do not attempt to modify the software code of the Digital Platforms;
- Use techniques for large-scale scrapping / collection of information within Digital Platforms without the prior consent of the Platform Operator;
- Access the services offered through the digital platforms for pentesting or hacking activities without the prior authorization of the Platform Operator.
- Do not use Digital Platforms to trade in illegal services, sale of hallucinogenic materials, drugs, poisons, firearms or knives.
We reserve the right to block the access of any User who violates the above rules and to contact the competent authorities to recover the damage caused.
LIMITATION OF LIABILITY
The use of the Platform will be at its own risk, PUAPI LTD, not assuming in any way the responsibility for any damages / errors that may occur as a result of using the Platform including, but not limited to the impossibility of obtaining an offer or any sanctions from the authorities. public or claims from other persons or entities.
PROCESSING OF PERSONAL DATA
Personal data will be processed in accordance with national and European legislation, including in accordance with the General Data Protection Regulation (GDPR). For more information, see our Privacy Policy or contact your Data Protection Officer.
INTELLECTUAL PROPERTY
The entire content of the Platform is the intellectual property of the Platform Operator.
Users may not download, modify in whole or in part the software code, reproduce in whole or in part the software code or information within the Digital Platforms, copy, distribute, sell or exploit any other manner contrary to the interests of the Platform Operator, whether or not commercial.
Any content (including, but not limited to, visuals, databases, graphics, trademarks, legal content) is the intellectual property of the Platform Operator. The entire site is protected by Law no. 8/1996 on copyright and related rights, and for any infringement of intellectual property, the Platform Operator reserves the right to notify the courts competent for full recovery of the damage, as well as to file a criminal complaint with the courts for to the criminal responsibility of the perpetrator.
PAYMENT SERVICES
We may introduce charges applicable to Users for certain services.
Each Selling User will have the opportunity to free of charge a service proposed for sale. The operator will charge a fee for the publication of 5 services or will be able to opt for the purchase of a monthly subscription.
Buying users can pay for services purchased directly from Selling Users or to Puapi. In this situation, Puapi will charge a service processing fee, and the rest of the amount will be delivered directly to the Selling Users.
Sellers may choose to have their services paid in full or in part in several stages, at times agreed with Buyers.
Payments in the currency displayed by the Sellers on the service page are accepted.
In order to make a payment through digital platforms, the services of third party electronic payment processors are used: PayPal and Stripe.
In this case, personal data associated with card payments are processed in the United States. Puapi LTD only uses authorized card payment processing providers, which offer guarantees of adequate security of personal data.
Without accepting these payment processing providers, payments cannot take place.
Paypal and Stripe are financial institutions operating on the European market subject to European regulations, therefore they are subject to the territorial scope of the GDPR Regulation.
The two entities collect personal data for transactions, fraud prevention, and other data related to the services purchased, location, details of the device from which payment is made.
You can learn more about how the two entities process personal data by consulting their privacy policy:
PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Stripe: https://stripe.com/en-ro/privacy
Puapi LTD does not store payment process data such as online card number or payment authorization PIN.
All payment commissions are fully borne by the Users who will be informed about the final price to be paid.
The basis for the processing of personal data is Article 6 (1) (b).
Puapi LTD will collect the following data from Users:
For individuals:
- Full name
- Full address
- Contact details such as phone number, email address, user and password to access the User Account
For legal entities:
- Name of representative
- Company name
- Unique tax identification code (CUI)
- Full address
- Contact details such as phone number, email address, username and password to access the User Account
Users are solely responsible for the correctness of the information provided. For legal entities, the User confirms that he has the right to represent the company in relation to the Platform Operator and other Users of the digital Platforms.
The User has the obligation to update the personal data in the User Account or to ask the Platform Operator to update them whenever a change occurs.
The default form for issuing invoices is in electronic format. Acceptance of the User Agreement also constitutes acceptance of the transmission of invoices in electronic formats, in accordance with the legal provisions.
Puapi LTD does not operate an escrow service related to the services traded on the Digital Platforms to verify whether the services contracted through the platform have been paid or have been fulfilled.
TAXES AND TAX OBLIGATIONS
You are solely responsible for the payment of any taxes and fiscal obligations arising from the sale / purchase of services mediated through the Digital Platforms.
CONTENT
We do not claim ownership of the content you upload to the Digital Platforms as a User, but nevertheless you agree to grant us a worldwide, non-exclusive, sublicensable, irrevocable, and copyright-free license under all copyright. author, trademarks, patents, trade secrets, privacy and other intellectual property rights in order to use, reproduce, transmit, print, publish, display, display, distribute, redistribute, copy, comment, modify, adapt, translate , creates derivatives based on, makes available and exploits in any way the content of the User, in whole or in part in all media formats now known or still designed in any number of copies and without time limit, frequency and use , without further notice to you and without any other request for permission or payment to you or another person or entity designated by you.
You agree that (a) Puapi LTD acts as an intermediary for the distribution and publication of User Content, without being responsible for its availability on the Digital Platforms; (b) Puapi LTD has no responsibility for the loss or deletion of the content; (c) Puapi LTD has the right to approve the User's content before its publication on the Digital Platforms.
You are solely responsible for the content.
Do you hire:
- To respect the legislation in force;
- Do not use obscene, pornographic, hateful, defamatory content;
- Do not use false, incomplete or inaccurate information;
- Do not use viruses, malware or other computer programs that may cause damage;
- Do not use content that contravenes third party copyrights, copyrights, patents or proprietary rights;
- Do not use content related to weapons, drugs or other illegal services.
The content of the Digital Platforms will be processed in the EEA and in the UK. You are solely responsible for ensuring that this content complies with European and UK law.
COMMENTS AND REVIEWS
As a User you can post comments and reviews on the services offered for sale through Digital Platforms. In these situations, please consult the Code of Conduct in the formulation of your comments. We remind you that you are solely responsible for the content you add to the Digital Platforms.
ADVERTISING
It is strictly forbidden for you to advertise in the User's content another website / mobile application without the consent of the Platform Operator.
COMMUNICATION WITH OTHER USERS
Discussions between Users are conducted through the means provided by the Platform Operator through Digital Platforms.
If you do not have an already established relationship with a User, you are prohibited from discussing the marketing of services with other Users by means other than those provided through Digital Platforms such as telephone services, VOIP, electronic messaging services.
KNOWLEDGE OF CUSTOMERS
You undertake to authorize us directly or through third party providers, to take the necessary steps to validate your identity. To do this, you undertake to provide us with contact information such as name, email address, telephone number, billing address, details of the company you represent, bank account number or online card used for online payments.
Based on your consent, we will process your identity data (copy of your identity card) to validate your identity. Validated users will have a distinctive sign.
We will not process your data from the identity document for any other purpose. We will keep this data only during identity validation.
We reserve the right to close, limit or suspend access to your User Account when we believe that there are serious suspicions about your identity.
To verify the identity, we may use the services of third parties, who are under contractual terms with us and who have sufficient guarantees of legal and secure data processing, such as e-mail or SMS messaging providers.
USER SERVICES. OBLIGATIONS OF SELLERS AND BUYERS
You are solely responsible for providing in good condition the services you sell through Digital Platforms to Buyers.
When a Buyer purchases a Service from a Seller, the two parties enter into contractual terms distinct from the Digital Platform User Agreement.
Puapi LTD is not responsible for the development of contractual relations between the parties.
The Buyer has the obligation to take over in good faith the services offered by the Sellers and to pay on time the amounts agreed for these services.
The Seller has the obligation to provide the contracted services from the Buyers and to collect on time the amounts related to these services.
Sellers and Buyers are solely responsible
INACTIVE ACCOUNTS
User accounts that have not registered any activity in the last 12 months will be inactivated by the Platform Operators. If the Users do not express an interest in reactivating the Accounts within a maximum period of 6 months from the inactivation, the Accounts will be deleted.
Accounts can be suspended in the following situations:
- If the provisions of the User Agreement are violated;
- In the event of a dispute related to the provision of a service through the fault of the User;
- In case of lack of a response from the User to one of the requirements of the Platform Operator;
- In case of a justified legal requirement;
- In the situation of detecting motivated risks related to the functioning of the User Account;
COMPLAINTS
If a service does not meet your expectations, as a Buyer, you should initiate a Seller Dispute Process to try to resolve the issue.
If you are unable to contact the Seller within a reasonable time, please contact us and we will do our best to assist you. In accordance with GEO 49/2009, art. 27 (2), we undertake to respond within a maximum of 30 calendar days from the receipt of any notification.
Please note that the terms and conditions of this contractual agreement by which the intermediation of the purchase of a Service from a Seller has been completed are those accepted between you as Customer and Seller, conditions that are not part of this User Agreement. Therefore, any dispute or conflict regarding the conditions, the quality of the work, or the way in which they were made is ultimately the responsibility of you, the Buyer.
If you are dissatisfied with the way we proceeded with the resolution of your complaint, you can file a complaint to the National Authority for Consumer Protection (ANPC) at the following address: http://reclamatii.anpc.ro/
Alternatively, the European online dispute resolution (SOL) platform is made available by the European Commission to increase the safety and fairness of online shopping by providing access to quality dispute resolution tools. You can find more information about the procedure at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The online dispute resolution entity present in Romania is offered by the National Authority for Consumer Protection ("ANPC"), where the consumer has the possibility to resort to an alternative dispute resolution mechanism ("SAL"), these procedures being usually more faster and cheaper than the judicial ones. More information about the procedure at http://www.anpc.gov.ro/categorie/1271/sal.
The request can be solved through SAL, if the complaint was formulated in good faith, within 12 months from the date of the incident or from the date when it was notified to the Platform Operator.
The Buyer must try to resolve the complaint directly with the Platform Operator and the Seller before submitting a SAL request. Only if the dispute has not been satisfactorily resolved and if the Buyer has not previously resorted to the settlement by any other ADR entity, court or other public authority, a request may be submitted in advance.
The application is available at https://anpc.ro/galerie/file/diversefg/CerereSAL2.pdf.
In case the SAL Directorate cannot analyze the complaint, it will send to the parties an explanatory note within 21 calendar days from the receipt of the complaint. At the same time, the SAL Department has information points regarding the alternative dispute resolution procedure at 72 Aviatorilor Blvd., Bucharest, 011865, Romania, via the email address dsal@anpc.ro or at the telephone number 0213121275.
The operator of the platform makes continuous efforts to verify the quality of the services offered by the Sellers and their good faith, but cannot guarantee the good development of any service.
The operator of the platform reserves the right to take measures, such as the total or partial blocking of the sellers' accounts which show bad faith towards the Buyers during the contractual relations with them.
CONTACT WITH YOU
Communication on digital platforms is done exclusively through the means provided by them, preferably through the e-mail address, so for this reason we need you to provide us with a valid e-mail address when you create a User Account.
CONTACT WITH THE PLATFORM OPERATOR
You can contact us through the contact page on the Digital Platforms or through social networks or at the email address contact@puapi.com.
CHANGES TO THE TERMS
We have the right to introduce, discontinue or modify any service on the Digital Platforms at any time, without notice. By these actions we are not liable to you or any other damage caused by this decision.
We have the right to change these terms and conditions at any time, to change the processes or ways in which we conduct our business, if there are changes to current laws that require us to update them. The terms and conditions that apply when Digital Platforms are those that apply when creating a User Account and when a contractual relationship begins between a Buyer and a Seller.
ELECTRONIC COMMERCE
With the creation of an account on the Digital Platforms, we consider that a contract is concluded between the Platform Operator ("Puapi LTD") and the User ("You") subject to the terms and conditions of this User Agreement, found at [document address].
According to OU.34 / 2014 on consumer rights, you can withdraw your consent within 14 days of concluding the contract with the Platform Operator, without providing any reason for this, by sending a notification to the email address: suport@puapi.com or in in writing to the postal address of the Platform Operator. Withdrawal from the User Account Agreement, all other services offered through the Account will expire.
You can opt out of the contract at any time. If we make changes to the terms of use of the Digital Platforms, conditions with which you do not agree, you can express your non-acceptance of the changes made by a written notification sent immediately to the email address: suport@puapi.com but no longer no later than 15 days from the date you were notified of the changes. Continuing to use the services after the 15-day notice period implies the continuity of the consent already offered.
MORE INFORMATION
Although we do our best to verify all information contained on this portal, errors may occur so we cannot guarantee that all information is complete and accurate. The operator of the platform is not responsible for the detailed verification of every piece of information, whether it is complete or whether someone depends on it.
We do not warrant that the features on these Digital Platforms or that you may access will be uninterrupted or error free.
We are not responsible if you cannot access or User Account due to malfunctions of any machine, data processing system or transmission link, any period of maintenance, change, repair, modification or malfunction of computer systems, any industrial dispute or anything beyond our control.
DATA SECURITY
We have implemented reasonable security and encryption measures to protect your personal information as best we can. However, keep in mind that no website, no application, no internet connection is completely secure.
All digital processes are encrypted both in transit and at rest.
We use the services of some processing providers that have sufficient guarantees for the processing of data in legal and secure conditions. Data is processed in data centers in the European Union and the UK.
We use control procedures and methods that ensure a constant assessment and mitigation of all identified risks in a timely manner.
We use data backup methods that ensure the continuity of our business and in less favorable conditions.
We have taken measures to constantly audit our suppliers in order to be able to deliver services at the highest quality standards.
APPLICABLE LEGISLATION. DISPUTES
Romanian law shall apply to this Agreement, as well as to any use of the platform. The parties will try to resolve any disagreement amicably, otherwise the disputes will be resolved by the competent Romanian courts according to law.