Terms of Use
1. INTRODUCTION
1.1. These Terms of Use rule your (i.e. „the User”) access to dealmakers.ro provided by Miriam Cristina Constantin Law Office, headquartered in 11-11A George Enescu St., Attic room, zone 3, 1st District, Bucharest, Romania, e-mail: contact@dealmakers.ro.
1.2. These Terms and Conditions of Use (also referred to herein „conditions of sale” or „conditions for service” or „terms”) are a legally binding agreement between the User and dealmakers.ro.
1.3. Please READ these Terms and Conditions of Use and DO NOT proceed with any service request, information fill-in or other further contact unless you have FULLY UNDERSTOOD and AGREED with these conditions of use. By accepting these terms you acknowledge having read, understood and agreed to any and all of the conditions herein, waiving any and all rights of appeal, refund or requests for damages. Not understanding English or any language used herein will not give right to an exemption nor will it constitute an exception to the above, including what concerns the PRIVACY AND COOKIES POLICIES.
2. DEFINITIONS
2.1. Administrator – the User’s representative in relation to dealmakers.ro (i) who assumes having the authority to bind the user under these Terms of Use and (ii) who will be responsible for managing the contact with dealmakers.ro.
2.2. Confidential Information – any information belonging to either Party, transmitted or accessed, directly or indirectly, at any time during or after the User’s use of the website by the User, including, but not limited to:
(i) information of a technical nature (e.g. technical specifications and data), know-how, research, inventions, trade secret, drawings, diagrams, concepts, documentation, manuals, source codes, object codes;
(ii) information of a business nature such as financial information, business strategies, marketing strategies, costs;
(iii) personal data, Content and Subscription Data;
(iv)any other information belonging to the other Party not generally disclosed to the public.
2.3. Content – all data and information uploaded, submitted, stored, received and managed by Users to or through dealmakers.ro.
2.4. Document – any document generated by incorporate, that is an already developed template automatically filled with the information provided by the User, including any and all edited versions; any document uploaded or otherwise used by the User.
2.5. Force Majeure – an external, unforeseeable, absolutely invincible and unavoidable event that occurs after the entry into force of these Terms of Use, which exceeds the reasonable control of the Parties, as the case may be, and renders impossible the fulfillment of the obligations under these Terms of Use.
2.6. Fortuitous Case – an event that is unforeseeable and unavoidable by the Party that would have been held liable if the event hadn’t occurred.
2.7. Party – either delmakers.ro administrators or the User
2.8. Parties – dealmakers.ro (through its administrator, Miriam Cristina Constantin Law Office) and the User.
2.9. Terms and Conditions of Use – the terms and conditions governing the User’s use of the website, together with our Privacy & Cookies Policies, as may be amended from time to time by administrators of dealmakers.ro at their sole discretion.
2.10. User – any person using dealmakers.ro.
3. USE OF dealmakers.ro
3.1. dealmakers.ro shall take all reasonable security measures, as available from third parties and considering the specificity of the website, to ensure secure access to and use of dealmakers.ro and protection of the Content and the Confidential Information.
3.2. The User shall use dealmakers.ro solely for its own benefit and in accordance with these conditions of use. dealmakers.ro shall not be used in a manner that is unlawful, offensive, threatening, obscene or similar, either privately, directed to dealmakers.ro administrators, partners or other associated persons or entities or directed to other people. By unlawful, offensive, threatening, obscene use it is understood including without limitation, offensive or otherwise contrary to public order e-mailing through website forms or otherwise, spam, phishing, defamatory social media posting, using of fake IDs or personas, impersonating other people or soliciting information, making claims or other types of requests in the absence of serious intent for that specific action.
3.3. Under no circumstances can dealmakers.ro concept, add-ons, methods, flows, codes or other type of intellectual property elements can be used outside the usual scope of the website, copied or otherwise replicated. The Users acknowledge that any visitation of dealmakers.ro with the purpose of imbedding similar concept, functions, codes, methods, flows into other competitive products/services or otherwise replicating main dealmakers.ro functions is a breach of these terms and gives the right to Miriam-Cristina Constantin to claim damages, including by computing any revenues collected as a consequence of such breach and/or any loss in revenues.
3.4. The user undertakes full and sole responsibility for the content submitted through dealmakers.ro and fully understands that dealmakers.ro does not review or check in any way such content. dealmakers.ro is, however, entitled, at its sole discretion and at any moment, to take any action deemed necessary in relation to the content that is not in line with these Terms of Use or with the law or with other mandatory requirements, including ignoring of such content or use it in any other way so as to enforce any right granted under these terms of use to dealmakers.ro, including without limitation the right under clause 3.4.
3.5. The User is responsible for maintaining the security and confidentiality of the content and all the activities while using the website.
3.6. The User shall ensure that copyrights, as well as any other intellectual property rights over the website, are not infringed, by using the website or otherwise.
3.7. The User shall not, permanently or temporarily, directly or through intermediaries. reproduce the contents within the dealmakers.ro website or replies or any correspondence with dealmakers.ro administrators, in whole or in part, by any means or in any form. The User acknowledges that all content, is protected by copyright, and all rights pertain to dealmakers.ro and its administrators.
3.8. The User shall not and shall not allow others to utilize any computer software or hardware which is designed to defeat any copy protection device, should dealmakers.ro be equipped with such a protection device, without dealmakers.ro administrators’ express and written prior approval.
3.9. The User shall not use dealmakers.ro in any way that violates third parties’ rights, including, but not limited to, intentionally harm a person or entity, including dealmakers.ro and its administrators or partners.
3.10. If the User does not fulfill any of the obligations provided under clauses 3.2. – 3.11,5, 7 or 8, dealmakers.ro administrators reserve the right to suspend the access to dealmakers.ro, at any moment and at their sole discretion.
3.11. The User understands and acknowledges that dealmakers.ro does not per se provide legal, financial or other types of services and does not substitute such services. Any such services will be subject to separate contracts executed observing all legal and regulatory laws applicable to such services.
4. MAINTENANCE
4.1. dealmakers.ro reserves the right at any time to temporarily suspend the website, part of it or any feature for the purpose of providing maintenance (e.g.: bug fixing, patching, upgrades).
4.2. Under no circumstances will dealmakers.ro be liable towards the User for the temporary suspension of the website under these Terms of Use.
5. WARRANTIES AND LIMITATION OF LIABILITY
5.1. The User understands and acknowledges that dealmakers.ro is not and will not be liable for any the for any information or documents provided by the User in the further correspondence based on a dealmakers.ro submission form. Partners will therefore warrant for the correctness, completeness and validity of any documents and information they might willingly send to dealmkares.ro.
5.2. dealmakers.ro will be fully exempted of any liability towards the User for any claims, losses or damages whatsoever in relation to the use of the website, website information or the dealmakers.ro concept, including hopes of profit etc., unless intentional, fraudulent or otherwise law infringing behavior of dealmakers.ro is proven.
5.3 In no event shall dealmakers.ro or its administrators, representatives, partners, Users of any kind shall be liable for any direct, indirect, incidental, punitive, special, consequential or any other damages resulting from:
(i) the use or inability to use dealmakers.ro,
(ii) changes or alterations of dealmakers.ro,
(iii) temporary or permanent interruptions of dealmakers.ro,
(iv) unauthorized access to data and content of dealmakers.ro from third parties, including hacking or other unlawful practices.
5.4. The User shall be liable for any damage caused to dealmakers.ro and its administtrators by any breach of these Terms of Use and for any direct or indirect actions and/or omissions of the Users which are contrary to these Terms of Use, as well as for any other violation or non-compliance with these Terms of Use. The User shall indemnify and hold dealmakers.ro administrators harmless from and against any legal proceedings, claims, liability, loss, penalty arising from or in relation to such breach, actions and/or omissions, violation or non-compliance. This covenant covers, in particular, all costs incurred by dealmakers.ro administrators for the defense of such claims and/or for the proper correction of the claimed damages, losses, penalties.
6. CONFIDENTIALITY
6.1. During the use of dealmakers.ro and for an unlimited period of time ending such use, the Parties shall treat all Confidential Information as confidential and shall not disclose to any third party, nor make use of this Confidential Information in any other way than in accordance with these Terms of Use and for the use of dealmakers.ro by the Users.
6.2. Either Party shall be exempted from liability for disclosing information relating to these Terms of Use if the respective Party can document that:
(i) the information was known to the respective Party before receiving it from the other Party; or
(ii) the information was disclosed after obtaining the written consent of the other Party for such disclosure; or
(iii) the respective Party had to disclose the information in compliance with and in observance of express procedures set forth by the legislation in force; or
(iv) the information has become public, independent of the action or inaction of the respective Party; or
(iv) the information was independently developed by the respective Party.
6.3. By entering into these Terms of Use, the Users expressly acknowledge and allows dealmakers.ro to use their name for references sent to other Users or published on its website.
7. DATA PROTECTION
7.1. The Parties agree to comply with the obligations set forth in an Agreement on the Processing of Personal Data, if the case of processing might occur, which will be provided by dealmakers.ro to the User.
8. INTELLECTUAL PROPERTY
8.1. The User shall not, at any time, be granted any ownership or copyrights over dealmakers.ro, dealmakers.ro concept, content (including photography or artwork) or any related materials, including, but not limited to, the source code, registered and/ or unregistered trademarks, as well as any other work of intellectual creation within the meaning of Law no. 8/1996 on copyright and related rights, and is fully responsible for any infringement of any moral and/or patrimonial rights over the use of dealmakers.ro.
8.2. The User shall not use dealmakers.ro in any manner that may infringe intellectual property rights.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
9.1. These Terms of Use shall be governed by and construed in accordance with the laws of Romania.
9.2. Any dispute in connection with or deriving from these Terms of Use shall be settled amicably between the Parties. If the parties shall not reach an amicable solution, the dispute shall be referred to the competent courts located at dealmakers.ro administrator’s headquarters.
10. FINAL PROVISIONS
10.1. If at any time, any provision of these Terms of Use is or becomes illegal, invalid or non-applicable in any way, the legality, validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The illegal, invalid or unenforceable provision shall be replaced by a legal, valid and enforceable provision which, as closely as possible, reflects the economic purpose pursued under the illegal, invalid or unenforceable provision.
10.2. dealmakers.ro has the right to assign, in whole or in part, these Terms of Use, or otherwise, to substitute a third party under its rights and obligations, through a merger, division, asset transfer, business transfer, reorganization, sale, subcontracting or otherwise, without the consent of the User.
10.3. If a notification is sent by e-mail, it shall be considered received on the first working day subsequent to the day of transmission.
10.4. By accepting these Terms of Use, the User irrevocably agrees and accepts all provisions of these Terms of Use and in particular the following clauses: 3.2-3.11, 5, 7, and 8 of the Terms of Use.