ABACUT Terms & Conditions

ACROSS BORDERS AND COUNTRIES UNITED TOGETHER SRL (ABACUT) a Romanian limited liability company, headquartered in Bucharest, 25 Elena Văcărescu Street, Room no. 1, Building 20/4, Apartment 13, registered with the Trade Registry under no. J40/15355/24.10.2018, EUID ROONRC J40/1535/24.10.2018, sole identification code 40050113, duly represented by Marcel de Roode, in his capacity of administrator (“ABACUT”).

ABACUT  provides services to Businesses and individuals, namely the services of the ABACUT Chieftain’s Lounge, and the ABACUT Lifestyle Card (both described separately).

    ABACUT reserves the right to modify, add to, or withdraw from its portfolio of activities, according to business development and market conditions, within the retrictions imposed by the requirement to honour all outstanding contracts.

    For any enquiries, please contact by email at office@abacut.pingit.ro.

    ABACUT CHIEFTAIN’S LOUNGE (ACL) establishes the folwwowing terms & conditions relating to the interaction between ACL and its members.

    To Be Announced.

    INTERPRETATION

    In this agreement

    “Lifestyle Card” means either a Sapphire or Diamond discount card obtained, directly from ABACUT.

    “Retailer or Outlet” means a restaurant, store or other provider of goods and/or services which is registered to accept a Lifestyle Card.

    “ABACUT” means Across Borders and Countries United Together SRL a company registered in Romania  (no J40/15355/24.10.2018).

    “You” or “you” means a recipient of a Lifestyle Card.

    1. Introduction

    1.1. The terms and conditions set out below apply to the provision to you by ABACUT of the Lifestyle Card and the use by you of your Lifestyle Card. .

    1.2. Please read these terms and conditions carefully.

    1.3. Once you have received your Lifestyle Card you signify your agreement to be bound by these terms and conditions by using your Lifestyle Card

    1.4. The Lifestyle Card is supplied to you on the basis of the information supplied to us by, or on behalf of, you in your Application Form.

    1.5. ABACUT reserves the right to amend these terms and conditions at any time by publishing a notice on its website to that effect.

    2. Expiry date and delivery of the discount card

    2.1. The Lifestyle Card will be valid until the expiry date printed on the front of the Lifestyle Card, which will normally be twelve months after issue date. 

    2.2. ABACUT will aim to send your personalised Lifestyle Card to you by post within 14 days of receiving your application and relevant payment for either the Diamond or Sapphire card.

    3. Using your discount card at participating restaurants and stores

    3.1. ABACUT will use reasonable endeavours to maintain a list of those Retailers participating in the discount scheme on the ABACUT website but ABACUT does not warrant that any Retailer remains a participant or will accept a Discount Card.

    3.2. Subject to these terms and conditions, on presentation of your Lifestyle Card, participating Retailers will offer the discounts or other special promotional offers published under each individual outlet’s names on our website.   Retailers reserve the right to refuse the Lifestyle Card and the application of any discount for some or all of their goods and/or services at their absolute discretion, but we expect to be able to give notice of any withdrawing outlets from the scheme on our website.

    3.3. It is your responsibility to check the terms and conditions of the particular discounts offered on our website before making a purchase.

    3.4. It is recommended before making any purchase that you advise the waiter in a bar/restaurant or a shop assistant that you are a Lifestyle cardholder. In any event when asking for the bill you must inform the Retailer that you have a Lifestyle Card.

    3.5. Unless specifically stated on our website you are not normally required to make an associated purchase or minimum spend when using the Lifestyle Card.

    3.6. The use of your Lifestyle Card may, in some instances, be used  in addition to other discounts or offers participating Retailers might be running, but we will endeavour to ensure such information is published on our website.

    3.7. The expiry date of your Lifestyle card will be checked by participating Retailers when you redeem the offer. Expired Discount Cards will not be accepted.

    3.8. Your Lifestyle Card is strictly non-transferable and so cannot be used by either friends or family members or other third parties, but it can be used by you on their behalf. Any attempted misuse of the Lifestyle Card may result in cancellation of the card.

    3.9. Participating Retailers are entitled to withdraw their offer or change the terms and conditions of their offer from time to time. ABACUT shall have no liability for any such withdrawals or changes in their terms and conditions.

    4. Referral Fees

    4.1. ABACUT has a policy to reward you with a payment of 20% of the initial cost of your card for all new cardholders introduced by you. In effect this should enable us to repay you the cost of your card after five new cardholders have been introduced by you. After five new cardholders, the 20% will be offset against the cost of your next year’s card. Once the ceiling of ten cards is reached then we may then have to consider an employee contract, in line with income/taxation regulations.

    5. Liability

    5.1. Where you make a purchase using your Lifestyle Card from any participating Retailer, any losses or liability arising out of or in connection with such purchases shall be the relevant participating Retailer’s liability. ABACUT does not accept liability for unsatisfactory experiences or any failure by the participating Retailers to deliver expected goods or services or the quality thereof.

    5.2.. ABACUT will not be under any obligation to become involved in any dispute between you and any participating Retailer. Any complaints should be taken up with the participating Retailer, but we kindly ask that you inform ABACUT by email of any problems you may encounter.

    5.3. ABACUT does not give any warranty for any goods or services purchased with use of the Lifestyle Card.

    6. Severability

    6.1. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by Law.

    7.Third party rights

    7.1. A person who is not party to these terms and conditions shall have no rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

    8. Entire Agreement

    8.1. These terms and conditions constitute the whole agreement between us and supersede all previous discussion, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.

    8.2. Each of the parties agrees that it has not entered into these terms and conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions.

    9. Law and jurisdiction

    9.1. This agreement shall be interpreted in accordance with Romanian law and will be subject to the non-exclusive jurisdiction of the Romanian Courts.

    Privacy Policy

    (1) ABACUT S.R.L. is a personal data operator within the meaning of EU Regulation 2016/679 (GDPR), which has its registered office in 25 Elena Văcărescu Street, Room no. 1, Building 20/4, Apartment 13, Bucharest, Romania, Fiscal Code RO 15902214, registered in the Trade Register no J40/15355/24.10.2018, e-mail office@abacut.pingit.ro named throughout this document ‘ABACUT’.

    (2) The contact details of the Data Protection Officer are: email office@abacut.pingit.ro, please mark your message for the attetion of the DPO.

    (3) The purpose of collecting personal data is to provide services via the website abacut.pingit.ro (with all related activities such as order processing, delivery, payment, billing, etc.), customer services and marketing activities for the needs of ABACUT.

    The legal grounds for processing these data are:

    execution of the contract and the preliminary steps for this contract (Article 6 (1) b GDPR) – for the data collected through the contact form or the data received as a result of the customer service;

    legal obligations (Article 6 (1) c GDPR) for data required for invoicing;

    consent (art 6 (1) of GDPR) for marketing data used for site visitors (e.g. newsletter subscription, marketing cookies, etc.);

    legitimate interest (art 6 (1) f GDPR for the data used for marketing for current clients (according to the art 506/2004 art 12 (2)) of abacut.pingit.ro, the security of its own site abacut.pingit.ro (recital 49 GDPR) and the internal data used to optimize the site abacut.pingit.ro (and anonymized or pseudonymized, as the case may be).

    (4) ABACUT collects personal data from its users in three ways:

    – directly from the user

    – traffic data from the user’s browser

    – through cookies.

    Personal data collected directly.

    4.1. When you access ABACUT or when you create an account or place an order we can request your name, surname and e-mail address as well as other data necessary for contracting and delivery of all required information.

    These data are kept for a period of 3 years after signing the contract (this is the period of general prescription). Billing data is kept for 10 years (where there is a legal tax obligation).

    If this data is not provided, we may be unable to honour your requests, and we will contact you to resolve this.

    4.2. When you access our support services, we can ask for your name, e-mail address or phone number. We reserve the right to record any communications made for ABACUT assistance services in order to improve our services. We will inform you before the communication begins that it may be registered.

    The data is kept for a period of 3 months in order to solve your request.

    These data are used, for example, for the purpose of contacting you to resolve your claim.

    We may also request other data that may constitute personal data only to the extent that it is necessary for these purposes.

    4.3. When you make a payment. All payments are processed by our partners , so all the banking information is transmitted to them. Their personal data processing policies are available on the website of this partner .

    4.4.  When you are a job seeker / trainee. We use the personal data contained in the CVs we receive to assess the qualifications of applicants for a position within ABACUT. We base our processing on the conclusion and execution of the agreement. The data categories processed in the context of our relationship with you are your name, email address, telephone, fax, and other personal data you can provide us directly with.

    4.5. When requesting a newsletter. We may also use your contact information to provide you electronically or on paper with offers, information, news about our products and services, but only if you have subscribed and therefore you have given the express consent to such processing.

    You can at any time withdraw your consent, expressing the option of not receiving this information in the future by clicking on “Unsubscribe” when you receive the e-mail or by an email to office@abacut.pingit.ro The data categories processed in the context of our relationship with you are the email address as well as other personal data that you can provide us directly.

    Traffic data

    When you visit a website, regardless of the device you use, you disclose certain information about yourself, such as your IP address, your visit time, where you went to our sites, the visited pages. ABACUT, as well as other operators, registers this information for a specified period of time. ABACUT does not currently use external traffic analysis services such as Google Analytics.

    These data are used exclusively by ABACUT to improve our site and services, but also to ensure the security of our site.

    Users who do not want to use third-party cookies can use their favorite browser settings to delete or block them:

    From your browser settings:

    Internet Explorer – http://windows.microsoft.com/ro-ro/internet-explorer/delete-manage-cookies

    Mozilla Firefox – http://support.mozilla.org/ro/kb/cookie-urile

    Google Chrome – http://support.google.com/chrome/bin/answer.py?hl=ro&answer=95647

    Safari – https://support.apple.com/kb/PH19214?viewlocale=ro_RO&locale=en_Us

    or

    Browser plug-ins block cookies from third parties like UBlock, Ghostery, AdBlock, PrivacyBadger

    (5) Personal data is transmitted for the purposes stated by the website to third parties and they have the following destinations:

    Data categoryRecipientPurpose
    Contract data (name, first name, delivery address, order data, phone)Courier companyOrders delivery
    Contract data (name, billing address, ordering data, email, phone)Accounting serviceTax obligations
    Contract data (name, order number, order details)Payment processorOrders payment
    Contract data (name, billing address, ordering data, email, phone)Hosting platform / technical supportWebsite security and technical support

    (6) All of the empowers we work with are in the European Union, and if we collaborate with companies in the United States we will insist that they are enrolled in the US Shield Privacy Shield Program.

    (7) According to GDPR’s rights (https://eugdprcompliant.com/ro/drepturile-cetatenilor-ue/), you have the right to access, correct or delete your personal data or restrict the processing or portability of your personal data.

    1. a) Right of access – you can obtain from us the confirmation that we process your personal data as well as information on the specifics of the processing.
    1. b) Right to correct data – you may ask us to modify your incorrect personal data or, as appropriate, fill in the data that is incomplete.
    1. c) The right to delete – you may request the deletion of your personal data when:
      (i) it is no longer necessary for the purposes for which we have collected and processed it;
      (ii) you have withdrawn your consent to the processing of the data and we cannot process it for any other legal basis;
      (iii) data is processed contrary to law; respectively
      (iv) the data must be deleted under relevant legislation.
    1. d) Withdrawal of consent and right of opposition – you may at any time withdraw your consent to data processing on a consensual basis. You may also oppose marketing processing at any time, including profiles made for that purpose, as well as processing based on the legitimate interest of the company, for reasons of your specific situation.
    1. e) Restriction – under certain conditions, you may request that you restrict the processing of your personal data.
    1. f) Right to data portability – as we process data by automated means, you may request, under the law, to provide your data in a structured, frequently used and automatically readable form. If you request this, we may transmit your data to another entity, if technically possible.
    1. g) Right to file a complaint with the supervisor – you have the right to file a complaint with the data processing supervisor if you believe your rights have been violated or a lawsuit filed:

    National Authority for the Supervision of Personal Data in Romania, B-dul G-ral. Gheorghe Magheru 28-30 Sector 1, postal code 010336, Bucharest, Romania , anspdcp@dataprotection.ro.

    To exercise these rights, you can email us by e-mail at office@abacut.pingit.ro.

    According to GDPR, we have the obligation to respond within 30 days to your request.

    You also have the right to file a complaint with a supervisor or to file a lawsuit.

    (8) We do not use automated decision-making or profiling with legal effects or that affect you similarly on the ABACUT website.

    To use your card with Drive2U

    To obtain your discount from Drive2U, please call on 021 9133 or email contact@drive2u.ro to confirm your reservation, and provide your personal card code, as shown below.