Terms and conditions participant
|PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS APPLICATION AND CONTRACTING|
1. General Provisions and Definitions
- These General Terms and Conditions („GTCs”) regulate the access to and use by you, as an individual
(„Participant” or „you”) of certain functionalities of the RED application that offers access
to a trading platform of green tokens (the “Application”). The application is provided by
Restart Energy Democracy S.R.L., a limited liability company with the registered office in Timișoara, 11E Gheorghe Doja Street,
registered with the Trade Registry under no. J35/36/2018, sole registration code 38670652 („RED”). These GTCs shall govern
the relationship between RED and the Participant in connection with the access to and use of the Application for the functionalities described below.
- Definitions. Unless the context otherwise requires, the following terms shall have the following meaning:
|“Application”||the mobile application / digital tool allowing access to a trading platform of green tokens (Green Tokens).|
|“Green Sustainability Certificate”||is a way to demonstrate the degree of sustainability by supporting green energy producers, as well as the amount of CO2 avoided in the
|“ECF Fund”||renewable energy community fund, which is a REO-G fund belonging to the community of users of the Application. This ECF Fund is funded by
donations from Producers – each time they apply for REO-G, a percentage will automatically go into the ECF Fund.
|“Green Token” or “REO-G”||an ERC-721 non-fungible token that certifies on the blockchain the origin of the energy produced from renewable sources in order to measure
the amount of CO2 avoided in the atmosphere.
|“MWAT”||an ERC-20 fungible token having utility only in the Application as a virtual battery for REO-G storage and a conventional token for the
acquisition of REO-G and the right to acquire the RED V-LEC Franchise by the Collaborator.
|“Participant”||person who, by accepting these terms and conditions, earns the right to access and use certain functionalities of the Application.|
|“RED”||Restart Energy Democracy S.R.L., a limited liability company with the registered in Timișoara, 11E
Gheorghe Doja Street, registered with the Trade Registry under no. J35/36/2018, CUI 38670652.
|“Terms and conditions” or “GTCs”||these terms and conditions applicable to RED and Participant.|
Additional details about the terms above as well as about other terms used in these GTCs shall have the meaning ascribed to them in the Application
User’s Guide that can be accessed herehere.
- [By accessing and/or using the Application,] you acknowledge that you have read, understood and agree with these GTCs. Should you not agree, you are
asked to stop accessing and using this Application.
Each Participant shall assume responsibility for the use of this Application. Thus, you agree that you shall at all times act according to the law, to these
GTCs and to the User’s Guide when using and accessing this Application and that you shall not undertake any action that will deteriorate, prevent,
disturb access to, discontinue or affect the operation of this Application.
RED reserves the right to make changes, including by adding or deleting, in whole or in part, the information presented through this Application. Any such
change will be available at here. Any further accessing of the Application by Participant after any such change
shall represent the Participant’s approval to accept and comply with the changes brought to these GTCs. If necessary, we reserve the right to suspend
access to this Application or close it for an indeterminate period.
2. Rights over Application
2.1 Ownership of Application. The Application and all the rights related thereto shall
be and remain RED’s property. The provisions of these GTCs and the use of the Application by Participant shall not confer or grant the Participant any
right over the Application or any right related thereto, except for a limited right of use, subject to the restrictions set forth under Art. 2.2.
2.2 The right to use the Application. Pursuant to these GTCs, subject to
Participant’s meeting the obligations incumbent upon them under these GTCs, RED grants the Participant a limited, non-exclusive right of use (license)
that may be not sub-licensed or transferred and which may at all times be revoked by RED, in order to access and use the application on Participant’s
personal device. To access and use the Application, Participant must strictly observe the following restrictions. Thus, they shall not:
2.2.1 reproduce, amend, make derivative works, distribute, license, lease, sell, re-sell, transfer, publicly display, publicly
represent, send, make a streaming, broadcast or otherwise exploit the application;
2.2.2 decompile, reconstruct through reverse engineering or disassemble the application;
2.2.3 make links, mirrors or frames to any portion of the Application;
2.2.4 cause or launch programs or scripts that scrape, index, analyze, or perform any data extraction operations from any
portion of the Application or which hamper or prevent in any respect the operation and/or functionality of the Application;
2.2.5 attempt to obtain unauthorized access to or affect any aspect of the Application or of the systems or networks connected
2.2.6 remove copyright marks, trademarks or other proprietary markings from any document issued by RED or from any portion of
3. Nature and Accuracy of Information provided through the Application
RED shall take all the measures to ensure that the information posted in the Application is updated, actual and accurate. Although the Application is also
available to users from other countries, the posted information is only valid on Romania’s territory.
Neither RED nor any other party involved in the creation and functioning of the Application shall be liable for any error, prejudice (whether direct or
indirect), loss of data or content error or for shortcomings of the Application, which can directly or indirectly or incidentally occur through the use of
4. Access to and Use of Application
The Application offers a 24/7 accessibility, except during maintenance and reconstruction operations. RED assumes no responsibility for delays in or
impossibility to access/ use the Application.
In this respect, Participant agrees that (i) in technical terms, it is impossible for the Application to avoid errors and RED may not be held liable in this
respect, (ii) errors may cause the temporary unavailability of the Application and that (iii) the Application’s operation may be adversely influenced
by circumstances beyond RED’s control such as, for instance, transmission and telecommunication connections between you and other systems and
RED and/or its proxies may at all times change or discontinue, temporarily or permanently, access to a part of the Application in order to carry on
maintenance and/or upgrading and/ works or bring changes thereto. RED shall not be liable for changing, suspending or discontinuing access to the
It is forbidden to use the Application for the purpose of loading, downloading, publishing or conveying any information whose content is illegal or immoral,
disturbs in any way other individuals’ privacy, contains viruses, is contrary to accepted principles of morality or public order. RED shall not be
liable for any prejudice caused by any type of communications from the categories mentioned above.
Furthermore, it is forbidden to use the Application for the purpose of sending any kind of material that is threatening, false, misleading, abusive,
harassing, defamatory, vulgar, obscene, scandalous, instigating, pornographic or profanatory, or any other kind of material that can represent or encourage
a behavior that may give rise to a criminal offense, may lead to civil liability or otherwise breach the law.
It is forbidden to use a fake e-mail addresses or unlawfully send electronic messages or any other communications in the name of another individual or legal
entity or in the name of any other entity.
RED may not be held liable for any loss, destruction or expenses that may arise from your and/or any third party’s accessing or using the Application.
5. Authentication and Accessing the Personal Account
For authentication purposes, Participant will use / receive a username and a password to securely access the Application from the mobile phone or from
another similar electronic device and will thus have an active personal user account for the Application.
A Participant may only have one account. Participant may not authorize third persons to use their account. It is forbidden to assign or otherwise transfer
the Participant’s account to another person. Participant undertakes to comply with all the applicable laws when using the Application and may use it
solely for lawful purposes.
In order to access the Application or some of its resources, Participant will be required to provide certain details or information. A prerequisite for the
use of the Application is that all the information provided by Participant should be correct, updated and complete. Participant undertakes to inform RED
about any change in their personal data provided in connection with the Application. If the information provided by Participant is not correct, updated and
complete, it may be that access to the Application will no longer be permitted. Participant is informed that all the information provided to register and
If you choose to or have a user identification code, a password or any other information as part of our security procedures, you must treat this information
as confidential and must not disclose it to other third parties.
We reserve the right to deactivate any user identification code or any password, whether chosen by or allocated to you, at any time, if in our opinion you
have failed to comply with any of the provisions set forth under these GTCs. The User shall be solely responsible for all the activities performed by
Participant through the Application and shall be under the obligation to preserve at all times, with own means, the security and secrecy of the username and
related password. You agree to promptly inform us once you have identified any disclosure or unauthorized use of the Participant’s
identification code and/or password.
6. Functionalities offered by the Application to Participant
6.1 In your capacity as a Participant, you have access to a number of functionalities offered by
the Application, with access to a green token trading platform (REO-G) using MWAT tokens. MWAT tokens are digital tokens that do not represent monetary values
or securities, electronic coins, payment instruments or investment instruments under the Romanian legislation.
Details about the Application functionalities for Participant can be found in The User’s Guide that can be accessed here herehere.
6.2 At the same time, you can obtain a Green Sustainability Certificate.
For each request for a Green Sustainability Certificate, you must pay a validation fee shown in the application in MWAT and you must keep in mind that
those REO-Gs related to the request will be lost.
When issuing the Green Sustainability Certificate, a unique token and certificate for the Participant will be generated, which can be used in any way, such
as posting it on the website, on social networks or on product labels etc.
6.3 Among other things, as a Participant, you may choose to become another type of platform
user, in which case in addition to these GTCs, the following shall also be applicable as the case may be:
(i) General Terms and Conditions applicable to Collaborator, available here;
(ii) General Terms and Conditions applicable to Consumer, available here;
(iii) General Terms and Conditions applicable to Producer, available here;
(iv) General Terms and Conditions applicable to Supplier, available here;
(v) General Terms and Conditions applicable to Validator, available here;
For the avoidance of any doubt, the inclusion in any other role category and the conclusion of the related terms and conditions shall be without prejudice
to RED’s rights and obligations, including RED’s limitations of liability under these GTCs.
7. Promotional Content
Any promotional content offered through the Application shall be provided in accordance with the applicable law.
From the perspective of the legal framework concerning the protection of personal data, RED shall send you commercial communications through the
Application, by e-mail or by any other method that uses electronic communications services intended for the public, only if you have previously expressed
your consent to receive such communications.
Notwithstanding the above, considering that RED obtained your e-mail address when you created an account and started using the Application, it shall be able
to use your e-mail address for sending commercial communications regarding the rest of the existing functionalities in the Application. In this situation,
you will be able to oppose by simple and free means whenever you receive such commercial communications.
For the purpose of using the Application, you agree that any issues you may encounter regarding the promotional content will be first addressed to RED, for
an amicable settlement.
RED shall not be liable for any financial loss or damage due to the promotional content provided or for any failure or inability to use that promotional
content, for any reason whatsoever.
8. Access to Network and Devices
Participant shall be solely responsible for obtaining access to the data network necessary to use the Application. The transfer of data and messages may be
subject to the tariffs and prices charged by the mobile network to which Participant has subscribed, to the extent that Participant accesses or uses the
Application from a device that allows for wireless communication, and it is Participant’s exclusive responsibility to pay these tariffs and prices.
Participant shall be solely responsible for procuring and updating the hardware equipment or the devices required for accessing and using the Application,
as well as for procuring any updates thereof.
For the avoidance of any doubt, RED does not guarantee that the Application or any of its functionalities will be functional on a certain hardware equipment
or on a certain device. Moreover, Participant acknowledges and accepts that the Application may be affected by malfunctions and inherent delays in the use
of Internet or electronic communications for which RED assumes no responsibility.
9. Personal Data Protection
The use of the Application and of the available services under these GTCs involves the processing of users’ personal data. RED processes personal data
in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and with
10. Cookies Policy
11. Participant’ Feedback
RED may, at its sole discretion, allow Participant to regularly send, load or provide to RED, through the Application, content and information in text
format, including comments and opinions about the Application, the mechanism presented in these GTCs or about other users („Feedback”).
The entire Feedback will remain Participant’s property. However, by providing content to RED, Participant grants RED a worldwide valid,
perpetual, irrevocable, transferable, royalty-free license, with a sub-licensing right, to use, copy, amend, create derivative works, distribute,
publicly display, publicly represent and exploit in any manner whatsoever the Feedback in question, in all formats and on all distribution channels
currently known or to be created in the future, without the Participant’s prior information or approval and without any payment being due to
Participant or another person.
Participant represents and warrants as follows:
11.1.1 Participant is either the sole and exclusive owner of the entire Feedback, or it holds all the rights, licenses, permits and
authorizations necessary to grant RED a license for the Feedback; and
11.1.2 neither the Feedback, nor the transmission, loading, publication or provision by Participant of such Feedback or the use by RED of the
Feedback in question shall be deemed as a breach, unlawful appropriation or violation of a third party’s ownership rights or intellectual property
rights, or a third party’s publicity or confidentiality rights, nor will it entail the breach of any applicable law or regulation.
11.1.3 Participant undertakes not to send any Feedback that is derogatory, defamatory, hate inciting, violent, obscene, pornographic, illegal or
offending, as may be decided by RED at its own discretion. RED has the possibility but not the obligation to examine, monitor or delete the Feedback, at
RED’s exclusive discretion, at any time, regardless of cause, with no notification or any other information whatsoever of the Participant being
necessary for this purpose.
12. Representations and Warranties of RED
Participant expressly acknowledges that it is a party to these GTCs in consideration of the following representations and warranties made by RED in
connection with its own business, as follows:
12.1.1 RED is a legally established company, lawfully operating under the Romanian laws, meeting all the legal corporate requirements to carry
on its business;
12.1.2 RED holds all the legal authorizations to carry on its business pursuant to these GTCs and fully complies with all the requirements set
forth under these authorizations;
12.1.3 RED meets all the legal requirements necessary to enter into and be a party in this contractual relationship, and the fulfilment of its
obligations does not and will not result in, conflict with, or constitute a breach of, any term or condition or of any other provision set forth under a
contract or any other document or legal act, of any nature whatsoever, to which RED is or is to be a party or to which RED is subject under the
12.1.4 RED has the required technical capacities and qualified staff to meet its obligations.
13. GTCs Duration. Termination
These GTCs shall be valid for the term of Participant’s access and use of Application.
Participant shall at all times be entitled to withdraw from GTCS, i.e. to close the Application account, without invoking any reason and without bearing
other costs. The rights accruing to the holder of the rights in question until the withdrawal date shall be fully acknowledged.
RED may promptly decide to terminate the contractual relationship with Participant by denying at any time their access to the Application, if Participant
has breached any provisions of these GTCs, by simple notification and with no prior formality. Also, RED may at any time unilaterally terminate these GTCs
with a prior [10-day] notification.
Once these GTCs are terminated, the remaining terms and conditions corresponding to any other role acquired through the Application shall also automatically
The Application is provided in “as is” condition and “depending on availability”. RED does not accept any of the representations and
warranties, whether express, implicit or imposed by the law, which are not expressly set forth in these GTCs, including the implicit warranties about
merchantability, vulnerability, adequacy for a certain purpose and non-breach of third parties’ rights.
Moreover, RED does not make any representation or warranty about the reliability, punctuality, quality, adequacy or availability of the Application, neither
does it represent or warrants that the Application or any related software will be free of any discontinuances or errors.
RED does not guarantee the quality, adequacy, safety or capacity of third-party Suppliers.
Participant acknowledges and accepts that the entire risk arising from Participant’s use of the Application shall be fully incumbent on Participant,
to the maximum extent permitted by the applicable legislation.
15. Limitation of RED’s liability
RED shall not be liable for any indirect, future, special, illustrative, punitive or other damages, including for the loss of profit, for any prejudice
associated to or which otherwise arises from any use of the Application.
RED shall not be liable for any prejudice, damages or loss arising from:
15.1.1 Participant’s using or relying on the Application, or from Participant’s incapacity or inability to access or use the
15.1.2 any transaction or relationship between Participant and any other third party, even if RED has been informed about the potential
occurrence of such prejudice; or
15.1.3 Participant’s failure to comply with any instructions or recommendations sent by RED through the Application or in any other
RED shall not be liable for any delayed functioning or non-functioning of the Application that is generated by causes beyond the reasonable control of RED,
such as but not limited to:
(a) unavailability of mobile phone networks;
(b) Participant’s use of functionalities that are not provided by RED;
(c) services and quality of services provided to Participant by third parties; and/or
(d) other circumstances provided by the law.
RED shall not be liable for access to the Application from countries whose laws prohibit or restrict or limit the access to and/or the use of a green tokens
trading platform according to the model proposed by the Application. Also, RED shall have no responsibility for the access to the Application from countries
whose laws prohibit or restrict or limit any aspect of the Application’s content, including any of its functionalities. Participants who choose to
access this Application from other countries will do so on their own initiative, on their own responsibility and shall be solely responsible for complying
with the applicable laws.
Without any prejudice to the generality of the above, insofar as the MWAT tokens acquired and/or traded by Participant are concerned, RED shall have no
timeliness, completeness and / or adequacy of MWAT tokens. Participants who choose to acquire and/or trade MWAT tokens, will do so on their own initiative,
on their own responsibility, and shall be solely responsible for any breaches that may arise from the acquisition and/or trading of the same.
RED shall under no circumstances be liable and regardless of whether the prejudice is reasonably predictable, for, including but not limited to:
- the information provided in the diplomas issued by means of the Application, i.e. the information attesting the number of REO-G held and the carbon
- the information on the live prices for REO-G and MWAT, that can be viewed through the Application;
- the general risk posed by trading on the platform made available and the risk posed by the selection of trading partners;
- availability or unavailability of MWAT tokens at a certain point in time for acquisition, trading, exchange or other similar operations;
- collection, storage, trading of MWAT tokens illegally or fraudulently obtained;
- any information about MWAT tokens, even if provided at the Participant’s express request;
- any action or omission by the trading partners;
- instructions received from Participant, regardless of whether they have acted or not based on such instructions;
- Participant’s decision to enter into a contractual relationship pursuant to these GTCs;
- Participant’s decision to use the functionalities provided through the Application;
- any delay, loss or prejudice of whatever nature suffered as a consequence of the services provided by any third-party service supplier or subcontractor
hired by RED. Any complaints regarding the action or omission of any third-party services supplier or subcontractor shall be filed solely and directly
against such party.
- any partially finalized transactions or delays in the processing of Participant’s transactions;
- lost profits, lost revenues, missed business opportunities, other intangible, punitive, special or incidental losses, regardless of whether they were
direct or indirect, predictable or unpredictable and regardless of whether RED was informed or not about the potential occurrence of such losses;
- any loss occurring as a consequence of a requirement imposed by new laws or regulations or further to our obligations under the laws of any
- compliance with any laws, rules and regulations from the Participant’s specific jurisdiction that may be applicable in connection with the use of
the Application or its functionalities;
To the maximum extent permitted by the applicable law, RED’s total liability to Participant in connection with the Application and/or the fulfilment
of its obligations for all the prejudices, losses and damages shall in no case exceed the value of the amounts paid by Participant under these GTCs over a
3-month period preceding the event that triggered RED’s liability.
16. Participant’s Liability
Participant undertakes to indemnify and exonerate RED and its shareholders, directors, officers, managers, employees and agents of any liability in the
event of any indemnification claims, other claims, losses, damages and expenses (including lawyers’ fees) generated by Participant, which arise
from or in connection with:
16.1.1 Participant’s use of the Application;
16.1.2 Participant’s failure to comply with or the breach of any of the provisions under these GTCs;
16.1.3 the inadequate nature of the rights over the Feedback and/or its inadequate character; or
16.1.4 breach by Participant of a third-party’s rights, including the Suppliers’ rights.
17. Parties’ Legal Status
RED shall act in capacity of independent economic operator in connection with any aspect regarding the fulfilment of its obligations under these GTCs.
For the avoidance of any doubt, each of RED and Participant acknowledges and accepts that neither Participant nor RED acts, in relation to the other party
or any (third) party that uses the Application, in capacity of official in charge, attorney, representative or in any other subordinated legal capacity. In
particular, each party acknowledges and accepts that the other party may not legally or otherwise bind the other party in any way whatsoever.
Notices between the parties may be addressed as follows:
- Support section inside the application
- Email : email@example.com
These GTCs shall be supplemented with the following Schedules that are integral part thereof:
Schedule 1 – User’s Guide of RED ApplicationUser’s Guide of RED Application
20. Governing law. Disputes
These GTCs shall be governed by and construed according to the Romanian legislation.
Any disputes that cannot be amicably settled by the parties shall be referred to the Romanian courts of competent jurisdiction.
Participant undertakes to comply in all respects that arise from these GTCs and the User’s Guide with any applicable law and RED shall have no
liability for any breach of the law by Participant.
For the avoidance of any doubt, Participant expressly acknowledges and accepts each and all the clauses and terms under these GTCs including but not limited
to the provisions set forth under sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14,
15, 16, 17, 20 and 21.