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Terms of use

LAST UPDATE: 12.08.2020

Please read these Terms carefully, as they contain important information about your rights and obligations. These Terms include various limitations and exclusions, setting Enovise’s liability, jurisdiction to settle disputes, and the law applicable to the Terms.

These Terms are an agreement between you, as a natural or legal person using our Website (“you”, “user”), and ENOVISE PRESENT S.R.L., based at 13 December Str., Bldg. C2, Galati city, Galati County, tax identification code (CIF) 34839555, registration number at the Trade Register J17 / 955/2015 (“Enovise”, “we”). Before using the Website, you must expressly agree to these Terms. We are willing to make the Website available to you only if you accept all of these Terms. Otherwise, you may not access or use the Website. If you use the Website on behalf of a company, you declare that you have the right to accept these Terms on behalf of that company. In such a case, by using the term “you” in these Terms, we will refer to the company you represent.

We hereby reserve the right to change these Terms at any time. If we make changes to the Terms, we will post the updated version of the Terms on the Website and update the date of the “last updated” indicated at the top of these Terms and inform you accordingly. Please also check these Terms from time to time. Any changes to the Terms shall apply as of the date it is made, and further access to or use of the Website after the Terms have been updated will be deemed as acceptance of the changes.

1. WEBSITE

All content made available on the Website in any form is for informational purposes only. We do not provide professional advice or services through the Website. You should not rely on, nor take any action based on this information. Before making any decision or taking any action that may affect your business, you should consult a professional advisor.

2. INTELLECTUAL PROPERTY

Unless otherwise stated, all elements of the Website, all content and other materials on it are owned by us (or, as the case may be, by our licensors) and are protected by intellectual property rights. For the avoidance of any doubt, the visual interfaces, design, text, graphics, images, systems, information, data, methods, program code, services, all other elements and any other documentation or other ancillary materials provided (“Content”) are owned by us or by our licensors and are protected by copyright, trademarks, trade secrets and any other intellectual property rights.

You may use the Website and the Content for information purposes only. For clarity, it is not allowed the:

  • use of the Website or its content, outside of the permitted purposes;
  • use of any algorithms, robots or similar methods of data collection or extraction;
  • assignment, licensing, sublicensing of the Content;
  • copying, decompiling or attempting to discover the source code of the Website or the Content;
  • removing, modifying or concealing any copyrights, trademarks or other proprietary notices included in the Website or the Content;

Any use of the Website or the Content, other than as expressly authorized in these Terms, without the prior written permission of Enovise, is strictly prohibited. Such unauthorized use may also infringe applicable laws, including, but not limited to, copyright and trademark laws. Unless explicitly stated by Enovise, none of these Terms may be construed as granting any license to intellectual property rights.

3. USER CONDUCT

You are solely responsible for your own behaviour while accessing and using the Website. You agree to use the Website only for purposes that are lawful and in accordance with these Terms and any applicable laws or regulations. You agree that you shall not conduct or permit any third party to conduct, including, but not limited to, any of the following:

  • remove any notices of copyrights, trademarks or other intellectual property rights in connection with the Website or any part thereof;
  • use any robot, algorithm or other automated means or interface that is not provided by us to access the Website or to extract data;
  • try to indicate in any way that you have a connection with us, unless we have expressly consented to such conduct;
  • distribute any other harmful components such as, but not limited to, viruses, corrupt files, defects;
  • indicate that you are any other person by any means (for example, by using an e-mail address, name, pseudonym or otherwise);
  • operate the Website for any unauthorized commercial purpose;
  • access or use the Website for the purpose of creating a competitive product or service with any of our products or services;

4. COMPENSATION

You agree to defend and indemnify Enovise and any of our agents, employees, advertising agencies, licensors, suppliers or partners against any claims, damages, payments, fines, judgments, debts, losses, costs and expenses of any kind or nature, including litigation costs, legal fees and attorneys’ fees arising out of or in any way related to (i) the use of the Website; (ii) breach of these Terms or the rights of any third party; or (iii) violation of applicable laws in connection with the conduct, access or use of the Website.

5. EXEMPTION OF LIABILITY

You understand and agree that the use of the Website is at your own risk and that the entire risk regarding quality, performance, safety, accuracy is yours. The website is provided “as is”. To the fullest extent permitted by the applicable law, we make no warranties (express or implied, written or oral) with respect to, but not limited to, the Website, external sites or applications, or, without limitation, implied warranties of merchantability, implicit guarantees of suitability for a particular purpose and guarantees of non-infringement of the rights of individuals, guarantees of accuracy or reliability. We do not guarantee that the Website will meet your requirements or that your use of the Website will be uninterrupted, safe or error free or that the Website will not contain harmful components such as viruses.

6. DISCLAIMER

You acknowledge and agree that, to the fullest extent permitted by applicable law, Enovise shall in no event be liable to you or any other third party for any direct or indirect damages, including but not limited to, the cost of purchases of replacement goods or services or any other loss, resulting from or in connection with the Website, regardless of the liability theory (contractual or tort).

You understand and agree that we will not be liable for any breach or delay in the performance of our obligations deriving from any situation beyond our reasonable control, including, but not limited to, acts or omissions of third parties, earthquake, fire, flood, or technical malfunctions (Internet connection, server access, etc.).

You acknowledge that the Website is Internet-based and you understand and accept the security risks associated with these applications and websites, including, but not limited to, the risk of losing your Internet connections, the risk of hardware or software failure. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breaches of security.

7. EXTERNAL SITES

The website may contain links (URL links) to third party sites or resources. Such links (URL links) to third parties are provided for your information only. In any case, in particular due to the volatile nature of the information on the Internet, Enovise cannot control the nature or content of these external sources and is therefore not responsible for or accountable for the use or unavailability of third party sites or its content. other materials available on third party websites that you may access through our Website.

8. CHANGES TO THE WEBSITE

We may, at our sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part or functionality of our Website.

Under no circumstances will Enovise be liable for restricting or disabling access to any part or functionality of the Website.

9. ASSIGNMENT

Enovise may assign these Terms and / or any or all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained hereunder extend and will be binding on the successors and assigns of Enovise.

10. PERSONAL DATA

Please see our Personal Data Processing Policy for information about how we collect, use, store and disclose your personal data.

11. SEVERABILITY

If any provision of these Terms is held to be illegal, void or for any reason unenforceable, then such provision will be deemed inseparable from these Terms and will not affect the validity and enforceability of the other provisions.

12. LACK OF EXECUTION

The implementation of these Terms is at our sole discretion and our failure to enforce any provision of the Terms in certain cases shall not constitute a waiver of our right to apply those provisions in other cases.

13. APPLICABLE LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Romania. Any dispute arising out of or in connection with these Terms shall be the exclusive jurisdiction of the competent courts in Romania.

14. UNUSUAL CLAUSES

By accepting these Terms, you expressly accept and agree to the provisions regarding limitations of liability (clauses: 1, 4, 5, 6, 7, 8) the choice of law and jurisdiction (clause 13).