General

This website is owned and operated by KOGAION COM S.R.L, and its registered offices are in București, Str. Dumitru Theodor Neculuţă 20, Sector 2, Romania.

For the purposes of these Terms and Conditions “We”, “Our”, “Us” and “KOGAION COM S.R.L” refers to KOGAION COM S.R.L while references to “You” and “Your” refers to the persons accessing this website (including persons who access this site on the behalf of other persons); references to “Material” or “Materials” includes data, information and databases.

Please review these Terms and Conditions carefully before using this website. Your use of this website indicates Your agreement to be bound by these Terms and Conditions in consideration of the access provided to the website as detailed below.

If You do not agree to these Terms and Conditions, any of the related documentation linked below or other restrictions notified to You during the course of Your use of this website You are not permitted to, and agree not to, use or access this website.

If You are a consumer nothing in these Terms and Conditions shall affect his legal rights as a consumer.

Scope of these Terms and Conditions

These Terms and Conditions refer only to Your use of this website (www.kogaion.com.ro) and, unless separate or additional terms apply, any application using content from this website and any mini-site on this website.

Data protection and cookies

Any personal information You supply to Us when You use this website will be used in accordance with Our Privacy Policy. Information about Cookies and the use of Cookies on this website is provided on our Cookies page.

Supervisory authority

In Romania, this authority is represented by the National Authority for the Supervision of Personal Data Processing, whose contact information you can find at: dataprotection.ro.

Proprietary rights

All Materials on this website, the appearance, organization and layout of this website, the underlying software code and the underlying data are subject to trade marks, copyright, database rights and other registered and unregistered intellectual property rights which are owned either directly by Us or by Our licensors.

Unless otherwise authorized within these Terms and Conditions, You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any Material on this website or the underlying software code or underlying data.

Permitted users of this website

Your use of this website is personal to You. We provide this website solely to permit You to view the availability of Our goods and services and to transact business with Us and for no other purpose.

You are responsible for maintaining the confidentiality of Your website access information (such as user names, passwords and personal identification numbers).

You may choose to permit family members, friends or colleagues to access the website on Your behalf by providing website access information to such persons. provided that:

You must not permit access to or use of this website or any of the Material on or obtained from this website to any commercial entity or other organization providing a service to the public.

Security

If You have reason to believe that Your access to the website is no longer secure (e.g. loss, theft or unauthorized disclosure or use of user names, passwords and personal identification numbers), You must promptly change the affected access information.

Appropriate use

Your access to this website is on a temporary basis, and we reserve the right to withdraw, restrict or amend the services accessibly to You on the website without notice at our absolute discretion.

You may only use this website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the TARA FIRMA or other jurisdiction from which You are accessing this website. Except as expressly permitted by Us, You shall not use this website for any purpose.

In particular, You agree that, You must not:

• post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal;
• use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract Material (in whole or in part) from or through using this website unless We have given Our express written agreement;
• use this website in a manner which causes or may cause an infringement of the rights of any other

• use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means
• deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code
• take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure
• permit any automatic registration, logging in or access to any of the Material on the website
• obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks or accounts or to information about other users
• disclose confidential information of any person or entity including without limitation Our confidential information.

Changes to this website

We may make improvements or changes to the information, services, products and other Materials on this website, or terminate this website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website. Accordingly, Your continued access or use of this website is deemed to be Your acceptance of the modified Terms and Conditions.

Links to other websites

This website may include links to other internet sites. We are not responsible for the information, Material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at Your own risk.

You may only link to this website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.

Limitation of liability

In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

All software products downloaded from any section of this website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at the users own risk.
Disclaimer of warranty

To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and Materials contained on this website. All such information, services and Materials are provided “as is” and “as available” without warranty of any kind.

KOGAION COM S.R.L makes no warranty whatsoever for the reliability, stability or any virus-free nature of any software being downloaded from this website, nor for the availability of the download sites where applicable.

 

Applicable law

The Agreement shall be governed by and construed in accordance with the laws of Romania.

Court of jurisdiction

Any and all disputes arising from or in connection with the Agreement including its formation and validity, shall unless otherwise stated by mandatory law be subject to the exclusive jurisdiction of the competent court for Romania. For legal actions against KOGAION COM S.R.L by consumers the mandatory legal provisions of the Romania Consumer Protection Act apply.

Miscellaneous

These Terms and Conditions contain all the terms of Your agreement with Us relating to Your use of this website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated.

Any failure to assert any rights We may have under these Terms and Conditions does not constitute a waiver of Our right to assert the same or any other right at any other time or against any other person.

If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be removed from these Terms and Conditions without affecting the validity or enforceability of any other provision.

Throughout this website the terms “partner(s)” and “partnership(s)” are used to refer to individual marketing or co-operation agreements and not to any relationship which has specific legal or tax implications. Therefore, KOGAION COM S.R.L cannot accept any liability for the conduct of these partner organisations.

Throughout this website the term “person(s)” is used to refer to natural and legal persons.