Terms and conditions

Last update on 28.06.2023

1. AGREEMENT TO THE TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Danubius Exim SRL ("Company", "we", " us" or "our"), with respect to your access to and use of the danubius.org website, as well as any other form of media, media channel, mobile site or mobile application linked or otherwise connected thereto (collectively, "Site the ").

We are registered in Romania and have our registered office in Vasile Gherghel street no. 12, Sector 1, Bucharest.

You agree that by accessing the Site, you have read, understood and agree to be bound by all of these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOUR USE OF THE SITE IS EXPRESSLY PROHIBITED AND YOU MUST DISCONTINUE USING IT IMMEDIATELY.

We reserve the right, at our discretion, to make changes to these Terms at any time and for any reason. We will notify you of any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable Terms each time you use our Site so that you understand which Terms apply. You will be deemed to have read and accepted the changes to any revised Terms by continuing to use the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to such law or regulation or which would subject us to any registration requirement in such jurisdiction or the country. Accordingly, those individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics on the Site (collectively , "Content") and the trademarks, service, marks and logos contained therein ("Marks") are owned or controlled by us or licensed to us and are protected by intellectual property and copyright laws, as well as on unfair competition in Romania and any other applicable relevant regulations.

We reserve all rights to the Site, Content and Marks.

The Content and Trademarks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written consent.

Provided you are eligible to use the Site, subject to clause 3 below, you may access and use the Site and download or print a copy of any part of the Content to which you have properly obtained access for your personal, non-commercial use only.

3. USER STATEMENTS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to be bound by these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available or that is specifically endorsed or approved by us.

As a user of the Site, you agree not to:

systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database without our written permission;
deceive or mislead us and other users, especially in any attempt to learn sensitive information, such as account information, usernames, passwords, etc.;
circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or its Content;
engage in any activity that harms or may harm us, other users and/or the Site;
use any information obtained from the Site to harass, abuse or injure another person;
misuse our support services or submit false reports of abuse or misconduct;
use the Site in a manner inconsistent with any applicable laws or regulations;
access the Site in an unauthorized manner;
upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive capitalization and spamming (the continuous posting of repetitive text), that interferes with the uninterrupted use of any part of the Site or that modifies, damages, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site;
engage in any automated use of the System, such as using scripts to submit comments or messages or using any data mining and scraping tools, robots or similar tools;
delete the copyright or other proprietary notice/reference from any Content;
attempt to impersonate another user or person or use another user's username;
upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation 1×1 pixel clear graphics ("gif") interchange formats , web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");
interfere with, disrupt or create an undue burden on the Site or networks or services connected to the Site;
harass, intimidate or threaten any of our employees or agents involved in providing you with any part of the Site;
attempt to circumvent any Site measures designed to prevent or restrict access to the Site or any part of the Site;
copy or adapt the Site software, including but not limited to Flash, PHP, HTML, JavaScript or other code;
except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software that comprises or in any way makes up a part of the Site;
except as may result from standard search engine or Internet browser use, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper or reader offline accessing the Site or using or launching any script or other unauthorized software;
make unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses .

5. USER GENERATED CONTRIBUTIONS

The Site does not allow users to submit or post content. We may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Site and through third party websites. As such, any Contributions you submit may be treated in accordance with the Site Terms and the Site's Privacy and Cookie Policy. When you create or make available any Contributions, you represent and warrant the following:

creating, distributing, transmitting, publicly displaying or performing and accessing, downloading or copying your Contributions does not and will not infringe any proprietary right, including but not limited to copyright, patent, trademark, trade secret or the moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner provided by the Site and these Terms;
you have the written consent, release and/or permission of each identifiable individual in your Contributions to use the name or likeness of each identifiable individual to permit the inclusion and use of your Contributions in any manner provided by the Site and these Terms;
your Submissions are not false, inaccurate or misleading;
your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass e-mail or other forms of solicitation;
your contributions are not obscene, lewd, violent, harassing, defamatory or otherwise objectionable as determined by us;
your contributions do not ridicule, mock, disparage, intimidate or abuse anyone;
your contributions are not used to harass or threaten (within the legal meaning of these terms) any other person and to promote violence against a particular person or class of persons;
your contributions do not violate any applicable law, regulation or rule;
your contributions do not violate the privacy or publicity rights of any third party;
your submissions do not violate any applicable child pornography laws or are intended to protect the health or welfare of minors;
your contributions do not include offensive comments that are related to race, national origin, gender, sexual preference or physical disability;
your contributions do not otherwise violate or link to material that violates any provision of these Terms or any applicable law or regulation;

Any use of the Site in violation of the foregoing constitutes a violation of these Terms and may result in, among other things, the termination or suspension of your rights to use the Site; we therefore reserve the right to immediately terminate your use of the Site in the event of any breach of these Terms.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process and use any information and personal data you provide in accordance with these Terms, the Privacy and Cookie Policy and your choices (including settings).

By submitting suggestions or feedback regarding the Site, you agree that we may use and share such information for any purpose without compensating you.

We do not assert any ownership of your Contributions. You retain full ownership of all Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statement or representation in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from any legal action against us with respect to your Contributions.

7. PREMISES

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") provided by you to us shall become our property, and we shall be entitled to use and disseminate such Submissions without restriction in any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all rights in any such Submissions and hereby warrant that you have the right to submit any such Submissions, and by doing so you do not directly infringe or indirectly any right of a third party. You agree that no legal action shall lie against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. WEBSITE AND LINKS TO OTHER SITES

The site is a site to promote Danubius and the products and services in the Danubius portfolio. The Site contains links to other websites owned or operated by us (ie https://www.datecs.ro/, https://www.danubius-exim.ro/, https://www.datecspay.ro/) where you can purchase products or services from the Danubius portfolio.

Also, the danubius.online platform is intended for Danubius accredited units, they can register in that platform by means of an e-mail address and password.

To know the terms and conditions of use of these sites, please consult the dedicated pages within the respective sites.

The Site may also contain links to other third party websites ("Third Party Websites") as well as articles, photos, text, graphics, images, design, music, sound, video, information , applications, software and other content or items belonging to or originating from third parties ("Third Party Content").

Such third-party websites and Third-Party Content are not investigated, monitored or verified by us for accuracy, correctness or completeness, and we are not responsible for any damages suffered by you as a result of accessing through the Site of such websites owned or operated by third parties or for any third party content posted on such websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained on the website those or within Third Party Content.

If you decide to leave the Site and access third-party websites or use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms do not apply to your relationship. and those websites/that Content. Except for sites owned or operated by us to which the Site links, any purchases you make through third-party websites and from other companies are solely between you and those companies, and we do not assume no liability in connection with such purchases.

You agree and acknowledge that we cannot be held liable for any damages suffered by you as a result of your purchasing products or services as a result of consulting, accessing or viewing in any way any offers from the Websites of third parties and/or in connection with any Third Party Content or any contact with third party websites that in any way determined or influenced your purchase decision.

9. WEBSITE MANAGEMENT

We reserve the right to:

(1) monitor the Site for violations of these Terms;

(2) take appropriate legal action in our discretion against any person who violates the law or these Terms, including but not limited to reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to the Site, limit the availability of, or disable (to the extent technologically possible) any of your Contributions or any part thereof;

(4) in our sole discretion and without limitation, remove from the Site or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper operation of the Site.

10. PRIVACY POLICY

We care about the privacy and security of your personal data. Please see our Privacy Policy available on the Site. By using the Site, you agree to comply with our Privacy Policy and Cookies Policy.

Please note that the website is hosted in Romania.

11. USE OF THE WEBSITE AND TERMINATION

Your use of the Site constitutes your acceptance of the Terms, as they may be amended from time to time. The amended terms supersede all previous versions thereof. For this reason, we recommend that you study these Terms whenever you access or use the Site.

These Terms terminate automatically upon your failure to comply with any of their provisions. We may terminate or modify your access to the Site without notice at any time and for any reason. For example, access to the Site may be prohibited without notice if you breach any of your obligations under art. 4 and 5.

12. CHANGES AND DISRUPTIONS

We reserve the right to change, modify or remove the content of the Site at any time or for any reason, in our sole discretion, without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms shall be construed to obligate us to maintain and support the Site or to provide any corrections, updates or versions in connection therewith.

13. APPLICABLE LAW

These conditions are governed by and interpreted in accordance with the laws of Romania. If your habitual residence is in the EU and you are a consumer, you are additionally protected by the mandatory provisions of the law of your country of residence. Danubius Exim SRL and you agree to submit to the non-exclusive jurisdiction of the courts in Bucharest, which means that you can make a claim to defend your consumer protection rights in relation to these Terms in Romania or in the EU country where you live .

14. RESOLUTION OF DISPUTES

Any dispute or dispute between us and you regarding your use of this Site will be resolved primarily amicably.

If, after a demonstrated attempt to resolve the respective dispute or dispute amicably, the parties have not reached a common point or there are issues that have not been resolved, each party may choose to resolve the respective dispute through legal means.

15. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without prior notice.

16. DISCLAIMER

We make no guarantees as to the accuracy of the content of Third Party Websites and assume no liability for any damages of any kind that you may suffer as a result of your accessing or using such websites.

17. LIMITATIONS OF LIABILITY

Neither we nor our legal representatives, employees or agents shall be liable to you or any third party for any direct, indirect or consequential damages, including loss of profit, revenue or other damages arising out of your use of the Site even if we have been informed of the possibility of such damages.

18. INDEMNIFICATION

You agree not to hold us or our affiliates, partners, employees liable for any loss, damage, liability, claim or demand, including fees and expenses, incurred by any third party as a result of or arising out of: (1) the use the Website; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including, but not limited to, intellectual property rights, or (5) any act that is obviously harmful to any other user of the Site with whom you have connected through through the Website. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding that is subject to this indemnification after we become aware of it.

19. USER DATA

We will retain certain data that you submit to the Site for the purpose of managing the Site's performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity that you undertake using the Site. You agree that we shall have no liability to you for the loss or corruption of any such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending e-mails and filling out online forms constitute electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES FOR THE SIGNING OF CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE, WHERE APPLICABLE. You hereby waive any right or requirement under any statute, regulation, rule or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records or payment or credit by any other means. than electronic means.

21. MISCELLANEOUS

These Terms and any policies (including the Data Privacy Policy and the Cookies Policy) or operating rules posted by us on or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise any right or enforce any provision of these Terms shall not operate as a waiver by us of such right or provision. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity of any other remaining provision. No association, partnership or agency relationship is created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of their wording. You hereby waive any defenses you may have based on the electronic form of these Terms and the lack of signatures by the contracting parties to enforce these Terms.