Useful notions: 

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these terms and conditions:

• Account refers to a personalised and secure digital space or profile that is associated with an individual User (i.e. You) that will allow the User to access and utilize various features and Services provided by the Website, that requires for its creation of specific information such as Username, password, email address.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Romania

• Company (referred to as either "the company", "We", "Us" or "Our" in this Agreement) refers to Freedom and Respect for Every Earthling (F.R.E.E.) Association, Romanian legal entity based in Timișoara, Preot Alexandru Bălaș Street, no. 6-8, 2nd floor, apartment 12, registered in the Register of Associations and Foundations under no. 24277/A/2017, fiscal registration code 38020161.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Feedback refers to suggestions, ideas or other information that You provide to Us, with regards to any part of the Service or Website (e.g. ease of navigation, clarity of information, quality relevance & comprehensiveness of information and/or visuals, efficiency, transparency & User-friendliness of virtual adoption process, cUstomer support efficiency and helpfulness, improvements, features or additional Services that could enhance Your experience with the Service and/or Website). 

• Product refers to any and all digital and/or physical objects listed in the description of a Subscription plan and made available to You only following Your purchase of a Subscription. 

• Service refers to the publicly available components of the Website and to the entirety of the Products made available through the purchase of a Subscription, relative to the individual offers.

• Subscription refers to any and all of the recurring-payment plans made available for purchasing on the Website, presented on the page titled “Adopt” accessible from https://www.nectarly.org/plans-pricing. 

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement betWeen You and the Company regarding the Use of the Service.

• Third-party Social Media Service means any Services or content (including data, information, Products or Services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Nectarly, accessible from https://www.nectarly.org/.

• You means the individual accessing or Using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or Using the Service, as applicable.

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Content and Visual Design Use and Ownership

1. Ownership: All content, including but not limited to text, graphics, images, videos, and Website design elements, displayed on this Website are the exclusive property of Freedom and Respect for Every Earthling Association and are protected by copyright and other intellectual property laws.

2. Grant of Limited License: We grant you a restricted, non-exclusive, and non-transferable license to access and peruse the content and visual design featured on our Website, exclusively for personal and non-commercial purposes. This license does not extend the privilege to alter, replicate, disseminate, or employ our content for any alternative purposes without our express written authorization. Distribution of our content and/or visual design is permissible solely under the condition that our logo and name remain prominently identifiable and visible to your designated audience, and/or you unequivocally acknowledge, in written form, our ownership of the distributed content and/or visual designs.

3. User-Generated Content: If You submit any User-generated content, such as reviews, comments, or contributions to our Website, You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide licence to Use, modify, display, and distribute such content for any purpose, including commercial purposes.

4. Unauthorised Use: Any unauthorised Use, reproduction, distribution, modification, or public display of Our content or visual design is strictly prohibited and may result in the revoking of Your access to the Website and Service, and even legal action.

5. Reporting Infringement: If You believe that any content on Our Website infringes on Your intellectual property rights or violates these Terms, please contact Us immediately at thisisnectarly@gmail.com

6. Changes and Updates: We reserve the right to make changes to Our Website's content and visual design at any time without notice.

 

Creating and Using an Account

By creating an Account on Our Website, You agree to abide by the following Terms:

1. Eligibility: You must be at least 18 years of age to create an Account on Our Website. If You are under 18 but want to create an Account, please ask your parent or guardian to create an account in their name.

2. Accurate Information: You agree to provide accurate and truthful information during the Account creation process. This includes Your name, email address, and any other required information.

3. Security: You are responsible for maintaining the security of Your Account login information, including Your Username and password. You agree not to share Your login credentials with anyone else.

4. Account Usage: Your Account is for personal use only. You agree not to use Your Account for any unlawful or unauthorised purposes.

5. Termination: We reserve the right to terminate or suspend Your Account at Our discretion if We believe You have violated any of Our Terms or policies. In the case of this event, You will be notified within 24 hours of the termination at the email address provided at registration. 

6. Privacy: Your personal information will be collected and used in accordance with Our Privacy Policy, which You should review before creating an Account.

7. Communication: By creating an Account, You consent to receive emails and notifications related to Your Account and the Services We offer.

8. Updates: We may update these Terms from time to time. It is Your responsibility to review them periodically to stay informed about any changes.

9. Account Deletion: You have the option to delete Your Account at any time by navigating your Account settings. If You need help, contact us at thisisnectarly@gmail.com. More information is available on our privacy policy.

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Subscriptions: By subscribing to Our Services, You agree to abide by the following Subscription Terms and Conditions:

1. Subscription Plans: You can choose from the Subscription plans available on Our Website, each with its own Products and pricing, which You can review at the Website page titled “Adopt”, accessible from https://www.nectarly.org/plans-pricing. Depending on the plan You choose, You will receive different Products. If multiple photos and videos are listed as Products, they will be taken on different days. 

2. Billing: Your Subscription will be billed according to the plan You select. You authorise Us to charge Your chosen payment method for the Subscription fees.

3. Payment Information: You agree to provide accurate and up-to-date payment information. Failure to do so may result in the suspension or termination of Your Subscription. We use Stripe Inc. to process payment information. *Out of these Subscription plans, Stripe takes a fee. The options are as follows: EEA cards: Standard: 1.5% + 1.00RON Premium: 1.9% + 1.00RON UK cards: 2.5% + 1.00RON (+ 2% if currency conversion is required) International cards: 3.25% + 1.00RON  (+ 2% if currency conversion is required) Adaptive acceptance: 0.08% (per successful card charge) Learn more about currency conversions, the difference between standard and premium cards, and any other details here (https://stripe.com/ie/pricing). By purchasing a subscription plan, you agree to these fees.

4. Renewal: Your Subscription will automatically renew at the end of each billing cycle unless You cancel it. You can cancel Your Subscription at any time through Your Account settings. The billing cycle is monthly for any and all Subscriptions offered by Us. 

5. Cancellation and Refunds: You can cancel Your Subscription at any time, and You will continue to have access to the Service until the end of the current billing period. We do not offer refunds for partial Subscription periods.

6. Changes to Subscription Plans: We reserve the right to change Our Subscription plans, pricing, and features. We will notify You in advance of any significant changes.

7. Termination: We may terminate Your Subscription at Our discretion if You violate Our Terms or policies. In such cases, no refunds will be issued, and You will be notified at the email address linked to Your Account. If the animal You virtually adopted is adopted in real life, You will be notified and your Subscription will be cancelled. 

8. Usage: Your Subscription is for personal Use only and is non-transferable. You agree not to share Your Subscription with others.

9. Service Availability: We strive to maintain uninterrupted Service availability but do not guarantee it. We are not liable for any Service interruptions.

10. Privacy: Your personal information will be collected and Used in accordance with Our Privacy Policy, which You should review before subscribing, and is accessible from https://www.nectarly.org/general-4. 

 

Feedback Usage

1. Voluntary Submission: Any Feedback that You voluntarily submit to Us through Our Website, email, or any other means, is provided without any expectation of compensation, royalties, or ownership rights.

2. Non-Confidentiality: You acknowledge and agree that Your Feedback is not considered confidential or proprietary. We may Use, disclose, reproduce, distribute, and otherwise exploit Your Feedback without any obligation to keep it confidential.

3. Grant of License: By providing Feedback, You grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to Use, modify, adapt, translate, publish, and distribute Your Feedback in any form or medium, now known or later developed, for any purpose, commercial or otherwise, without any compensation to You.

4. No Obligation: We are under no obligation to implement or incorporate Your Feedback into Our Products, Services, or operations, nor are We obligated to provide any form of compensation or credit for the Use of Your Feedback.

5. Intellectual Property Rights: You represent and warrant that You have the necessary rights and permissions to provide the Feedback to Us and that Your Feedback does not infringe upon the intellectual property rights or any other rights of any third party.

6. Termination of Agreement: You may choose to discontinue providing Feedback to Us at any time without affecting the Terms of this agreement with respect to the Feedback already provided.

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Acknowledgment: These are the Terms and Conditions governing the Use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the Use of the Service.Your access to and Use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or Use the Service. By accessing or Using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that You are over the age of 18. The Company does not permit those under 18 to Use the Service. Your access to and Use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, Use and disclosure of Your personal information when You Use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before Using Our Service. 

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Links to Other Websites: Our Service may contain links to third-party Web sites or Services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caUsed or alleged to be caUsed by or in connection with the Use of or reliance on any such content, goods or Services available on or through any such Web sites or Services. We strongly advise You to read the Terms and conditions and privacy policies of any third-party Web sites or Services that You visit.

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Termination: We may terminate or suspend Your access immediately, without liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to Use the Service will cease immediately and You will be notified of this by the Company, though the email address provided for contact on the Website, at the email address provided by You upon sign-in into the Website. 

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Limitation of Liability: Nectarly or any third parties associated with the service are not liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, data, loss of privacy arising out of or in any way related to the Use of or inability to use the Service, or otherwise in connection with any provision of these Terms. It’s essential to understand that the virtual adoption platform is designed to connect potential adopters with animal shelters, financially support animal shelters, and does not take responsibility for the actual care, condition, or legal ownership of the animals. You are encouraged to engage directly with shelters for any concerns or further commitments. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to You. In these jurisdictions, the liability of Nectarly, its suppliers, and associated third parties will be limited to the greatest extent permitted by law. By using this Service, you acknowledge that Nectarly is not directly involved in the physical care or legal adoption of animals and that your participation does not grant you any legal or ownership rights over any animals featured on the platform.

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"AS IS" and "AS AVAILABLE" Disclaimer: The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, Usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or Products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law: The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your Use of the Service. Your Use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at the email address provided for contact on the Website. 

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For European Union (EU) Users: If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

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United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation: These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions: We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or Use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop Using the Website and the Service.

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Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

• By email: thisisnectarly@gmail.com

• By visiting this page on our website: https://www.nectarly.org/about-Us

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