Terms and conditions
Terms of Service
The service "ASSEMBLY" is offered by the FundAction. The use of ASSEMBLY is subject to the below terms and conditions. Using ASSEMBLY constitutes acceptance of these terms and conditions. Any deviation from these terms and conditions is possible only by means of written confirmation by FundAction.
Article 1. Use of the service
1.1 ASSEMBLY will be guided by the needs of users and place their interests first in priorities. The service ASSEMBLY allows you to create a profile, share content, participate in online discussions, present proposals, vote on proposals, give feedback about the platform, and engage with other users. FundAction does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
1.2 To interact on ASSEMBLY, you first need to receive an invite, to register on the platform, and to accept Fundaction’s values.
1.3 Only activists who meet the “Who can become a Fundaction Activist?” criteria can be a member of ASSEMBLY.
1.4 You must make sure no one can access your account using the username and password. In particular you must keep the password strictly confidential. FundAction may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified FundAction that someone else knows your password.
1.5 ASSEMBLY processes your personal data. Using this service you give your consent for all forms of processing within the scope of the service. This information will not be processed anywhere further.
Article 2. Terms of use
2.1. Your access to use of ASSEMBLY services signifies that you have read, understood, and agreed to be bound by the terms. By accessing or using any services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any services. If you do not agree to the Terms, you are not authorised to use any Services.
2.2 It is not permitted to use ASSEMBLY for any illegal purpose or in violation of any local, national or international law. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous, sexist or racist, or to create profiles on under the names of other people or to pretend to be another person, or a moderator/maintainer of ASSEMBLY. Likewise, any violation or encouragement of others to violate any right of or obligation to a third party will not be tolerated, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2.3 In addition, on ASSEMBLY it is forbidden to
• violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
• share content that is erotic or pornographic in nature;
• advertise or promote a business or for-profit activity;
• encourages or provides detailed information on cybercrime, such as by posting hacks or exploits for bugs; and to do anything that violates applicable netiquette or the generally accepted customs that apply at the specific area where the violation occurred;
• engage in any conduct that violates FundAction’s values.
• post or transmit content on or through ASSEMBLY that is harmful, offensive, obscene, abusive, invasive of privacy, hateful, discriminatory, defamatory, false or misleading.
2.4. Fundaction will not allow use of ASSEMBLY that could disable, overburden, damage, or impair the functionalities, or interfere with any other party's use and enjoyment of those functionalities.
2.5. The service allows users to share their contact email address with other members of ASSEMBLY. Contacts should not be used for purposes other than those connected to FundAction’s activities. Contacts should not be shared with non-members without authorization of the owner of the email address.
2.6. Should FundAction or any of its administrators or moderators discover that you violate any of the above, or receive a complaint alleging the same (e.g. by flagging), then that party may intervene to end the violation. The removal or blocking of an account may however only be done in case of a serious violation and after a decision by FundAction’s Facilitation Group, not by an individual administrator or moderator. If appropriate you will be contacted about a suspected violation to work with you to find an amicable solution within these terms of use.
2.7. If in the opinion of FundAction the continued functioning of the computer systems or network of FundAction or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, FundAction may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
Article 3. Availability and maintenance
3.1 FundAction uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 FundAction actively maintains ASSEMBLY. In case maintenance is reasonably expected to negatively impact availability, FundAction shall carry out such maintenance at night CET. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3 FundAction may from time to time adapt ASSEMBLY platform. Your feedback and suggestions are welcome to improve design and performance but ultimately FundAction’s Facilitation Group decides which adaptations to carry out (or not). Substantial changes to decision-making processes will be decided by Fundaction’s Annual Assembly
Article 4. Intellectual property
4.1 The service ASSEMBLY, the accompanying software as well as all information and images on the website is the intellectual property of FundAction. ASSEMBLY’s source code is based on Decidim.Barcelona, developed by the City Council of Barcelona. Decidim and also ASSEMBLY are licensed under Creative Commons Non Commercial Share Alike. These items may be copied just with prior written permission of FundAction.
4.2 Information you store or process using the service is non-confidential in relation to all the members of ASSEMBLY. This information should not be made public outside ASSEMBLY without the authorisation of the owner.
4.3 The intellectual property of the contents shared on ASSEMBLY belongs to the person producing them and it is licensed under Creative Commons Non Commercial Share Alike.
4.4 You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement. Such termination shall not affect historical documents published by FundAction.
4.5 You may change or remove content you publish or store on ASSEMBLY at your own discretion, within the limits set by the service. If you delete content, FundAction will use reasonable efforts to remove it from the platform, but you acknowledge that caching or references to the content may not be made immediately unavailable.
4.6 If you send information to FundAction, for example by flagging a user or sending a bug report or suggestion for improvement, you grant FundAction a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.7 FundAction shall refrain from accessing data you store or transfer using ASSEMBLY, unless this is necessary for a good provision of the service or FundAction is forced to do so by law or order of competent authority. In these cases FundAction shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1 ASSEMBLY is offered completely at no charge.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence FundAction shall not be liable for the use of the service or any damages in connection therewith.
6.2 FundAction is in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to FundAction at most two months after discovery.
6.4 In case of force majeure FundAction is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2 If you wish to terminate this agreement and your account on ASSEMBLY, you can delete your account.
7.3 Fundaction is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event FundAction will send two reminders to the e-mail address connected to your account.
Article 8. Changes to terms
8.1 FundAction may change or add to these terms and conditions at any time. It can include changes, removals or additions to the Terms, and FundAction reserves the right to do so in discretion.
8.2. In first six months of operation of ASSEMBLY provisional terms of use will be applied which will be frequently updated on the basis of recommendations and feedback by ASSEMBLY users to FundAction.
8.3 FundAction shall announce through the service changes or additions at least ten days before their taking effect.
8.4 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of ASSEMBLY after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions and therefore your consent with changes.
Article 9. Miscellaneous provisions
9.1 Belgian law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with ASSEMBLY shall be brought before the competent Belgian court for the principal place of business of FundAction.
9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the ASSEMBLY service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 Becoming a "winner" of a grant through ASSEMBLY does not automatically mean receiving funding. All applicants will need to meet the legal requirements and produce the documentation that is required by FundAction before the grant agreement can be signed.
9.4 The version of any communication of information as recorded by FundAction shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 FundAction is entitled to transfer its rights and obligations under this agreement to a third party.
