Terms and Conditions
1. PURPOSE OF THE TAC
1. The TAC set the general conditions of use by any Person of the Website and the available Services on this Website, and describe the rights and obligations of any User of the Website and of the Services that are available thanks to the Publisher, whether or not the User has an Account.
2. By accessing the Website and/or using the payable or free Services, any Person or User declare that they have read the TAC and expressly accept them without reservation and/or modification of any kind.
2. TERMS OF USE OF THE WEBSITE
1. It is the User’s responsibility to equip himself/herself appropriately in order to connect to the Website. All equipment, connection and transmission costs necessary for the use of the Website and of the payable or free Services that are available on the Website are solely supported by the User. The User is also informed that some of the telephone numbers displayed on the Website may be "premium rate numbers" or generate roaming costs. The User is solely responsible for the costs of telephone communications related to these premium rate numbers or number generating roaming costs.
2. The access to and the use of the Website by the User is at the User’s sole risk and responsibility. The User acknowledges that he/she has been informed that the transmission of data and Information on the Internet network is only relatively reliable despite the protections implemented, that any Internet website may be subject to intrusion by unauthorized third parties, and that the information circulating on the Internet network are not protected against possible hijacking or against possible malwares or computer viruses.
3. It is therefore the User’s responsibility to take appropriate measures to protect its own data and/or software stored on its computer equipment against any damage originating from the access to the Website or the use of the Services.
4. The Publisher does not warrant that the Website and the Services will remain uninterrupted, free of delays, security incidents or errors, that the results obtained from the Services will be accurate or precise, or that any defects of the Services will be corrected.
5. Thus, the Publisher is not liable for any direct or indirect damage of any kind that may arise from the use or the inability to use the Website or the Services. In the same way, the Publisher is not liable for inconveniences or errors caused by a disturbance of the electronic communication network, nor of the accidental or voluntary damage undergone by the User or caused by the User or any third Person.
3. FUNCTIONALITY OF THE WEBSITE
1. The Sourcing Platform
The Publisher offers the User access to a database listing companies and allowing to create a linkage between different Persons, all acting in a professional context, commonly called "B2B" (Business to Business), through the Website. The consultation of the Sourcing Platform by Users is free.
In order to be referenced within the Sourcing Platform, the User has the possibility, after having opened an Account, to access the Connected Space allowing him to: either create a free Company Profile for his company; either create a payable Company Profile.
2. The Connected Space
The Connected Space is a Service of the Website allowing any User who has an Account to create a Company Profile on the Sourcing Platform, offering him the possibility to present his activities, products and services, to display his contact details and to integrate a hypertext link to his own website.
The Publisher will make available to the User on the Website a publication space for the User’s company profile which will be reserved for him and will communicate to him by e-mail the Means of Access which allow the User to add, modify and delete directly all the elements of the Company Profile (texts, photographs, video...)
3. Messaging
The User, after accepting the TAC, can send inquiries to the companies referenced by the Sourcing Platform of the Website using the Messaging or the contact form made available to him. If the User chooses to send an inquiry through the Messaging or the contact form, some of his Personal Information, including the User’s e-mail address, may be visible to the company contacted.
The User using the Messaging or the contact form commits himself not to send any message containing any Illicit Element and to adopt a behavior loyal and of good faith towards the interlocutors contacted.
Inquiries made through the Messaging or the contact form by the User are available for consultation by their addressees and also by the Publisher’s customer service employees, who may share these inquiries with other Users or any other Person – the User acknowledges and agrees to the foregoing. The Publisher may also use third-party e-mail servers on certain occasions to send and track receipt of User’s inquiry messages and analyze the pattern of inquiry usage provided by such third-party tracking systems – the User acknowledges and agrees to the foregoing.
The User is solely responsible for the Content of his messages exchanged through the Messaging.
The Publisher reserves the right to suspend or prohibit the access to the Service, in particular to the Messaging, and to the Account of any User who does not respect the TAC.
4. Other Services
The Publisher can make Services that are not described in the TAC available to Users. Even in this situation, all provisions of the TAC are applicable to the Other Services and govern their use.
The Publisher may, at the time of the provision of the Other Services, request the User’s adherence to specific terms of use of the Other Services. The User undertakes to strictly respect the terms of use of the Other Services that may be made available. Otherwise, the User will be denied access to the Other Service and its features.
4. USER’S STATEMENT
1. The User undertakes :
a. not to use information available on the Sourcing Platform to solicit any Users in any way whatsoever;
b. not to obtain the e-mail addresses of other Users or third parties in order to send mass e-mails (or "spam"), to carry out the above-mentioned mass e-mailing operations from his Account, or to carry out any other operation that could harm the normal functioning of the Website, the Services, or the Account of another User;
c. to carry out commercial activities through the Website or the Services only in accordance with the Regulation;
d. to respect the image and reputation of the Publisher and not to make any statements and/or actions that may be damaging to the Publisher in any way.
2. The User undertakes to communicate on the Website or through the Services, only accurate, compliant, readable and intelligible information that are not prejudicial to the interests of third parties. In particular, the User undertakes to comply with and respect all Regulation. In particular, the User undertakes not to publish and/or share any Content or information of any type or nature containing Illicit Element, or indicating an Internet address giving access to Illicit Element.
3. Is considered as an Illicit Element any message, publication, Content, product, service or any type of information that is:
a. contrary to public order and public policy and morality;
b. prohibited for sale, promotion or advertising under the Regulation;
c. of a pornographic or pedophilic nature;
d. racist, xenophobic, revisionist, abusive, defamatory, damaging to the honor or reputation to others, or likely to affect the presumption of innocence;
e. inciting discrimination, hatred of a person or a group of persons because of their origin or their membership or non-membership of a particular ethnic-group, nation, race or religion, threatening a person or a group of person;
f. inciting to commit an offence, a crime or an act of terrorism;
g. glorifying war crimes or crimes against humanity, or denying their existence;
h. inciting to suicide;
i. enabling third parties to obtain, directly or indirectly, pirated software serial numbers, pirated means of payment, software enabling acts of piracy and intrusion into computer and telecommunication systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the security of persons and property to be infringed;
j. of a nature to infringe the respect of privacy, the private nature of correspondence and more generally the rights of persons and property;
k. usurp the identity of others.
4. The Publisher will remove without notice any Content that he considers as an Illicit Element.
5. If a Person has good reason to believe that an element of the Website is an Illicit Element, he shall immediately notify the Publisher at the following address: info@shopsfile.com
6. The User undertakes to defend, indemnify (and repair any damages) the Publisher and its Affiliates (including their officers, directors, employees and agents) from and against any and all liabilities, costs and expenses supported by the Publisher as a result of any Third Party Claim made against the User or its Affiliates, except for any breach by the Publisher of its obligations under the TAC (which may give rise to such claims), resulting from: (a) Service Misuse, or (b) User’s breach of any of its obligations or warranties under the TAC.
5. OPENING AN ACCOUNT
1. To open an Account, any User of the Website must be a Person over 18 years of age and must have the authority to represent the company holding the Account. Only a company represented by a User may hold an Account. The User must (a) either fill in the registration form with all the required information and then click on the "register" button, thereby accepting the TAC for and in the name of the company holding the Account, (b) or use the Messaging or contact form and click on the "send" button, (c) or click on "Create a user account" in the registration form of his company, (which as the value of accepting the TAC on behalf of the registered company). At this moment, the Person will have expressly accepted the terms and conditions of the TAC, in the name and on behalf of the company designated to be the Account holder, but also in its own name, and jointly and severally with the said company. The User will be registered as a representative of the company holding the Account, registered in the Sourcing Platform. The User then has access to the Website allowing him to access all or part of the Services.
2. The electronic signature of the User when he accepts the TAC formalizes the conclusion of a contract between the User’s company and the Publisher. This acceptance validated by the Person by its "click" on the button "I accept" or "send" or "register" or "create a user account" or any other button that triggers the creation of a User Account, constitutes an irrevocable acceptable of these TAC, like a handwritten signature.
3. Only Persons who are legally capable of entering into contracts may become a User on the Website.
4. Any Person who open an Account under the conditions fixed by the present Article is identified by a login and a password forming together a Means of Access to his Account which allows them to benefit from the free or payable Services proposed by the Publisher from the Website.
5. Each User must provide the Publisher with accurate, complete, correct and up-to-date information. The User may not (i) select or use the User ID of another Person with the intent to impersonate that Person, (ii) use a name that is subject to the rights of another Person without authorization, or (iii) use a User ID that the Publisher, in its sole discretion, deems inappropriate or offensive. The password that allows the User to identify himself and access the Website, the Services and the Information is personal and confidential. The User undertakes to keep it secret and not to disclose it in any form whatsoever.
6. Failure to comply with any of these provisions constitute a breach of the TAC, which may result in the immediate suspension and/or termination of the Account, without notice or compensation.
7. The User shall use his Account in accordance with the reasonable instructions delivered by the Publisher, which may be changed from time to time. The User shall be solely responsible for the security of his Means of Access. The User shall immediately notify the Publisher of the loss, theft or malfunction of any Means of Access or of the fact that he has reason to believe that any Means of Access has been discovered. If the Publisher deems it necessary, the Publisher may immediately disactivate and replace a Means of Access (or require the User to select a new one). The Publisher reserves the right to suspend access to the Website, the Account and/or the Services through the use of any Means of Access upon the occurrence of any of the following events, until such time as the Means of Access is replaced by the Publisher or the User selects a new one (as the case may be) or, the problem that caused the suspension is resolved to the satisfaction of the Publisher: (i) the Publisher receives a notification from the User as described above; (ii) the Publisher has legitimate reasons to suspect that a Means of Access has been discovered; (iii) a Service Suspension; (iv) the Publisher has legitimate reasons to believe that the User has not complied, is not complying, or will not comply with its obligations under the TAC and/or the GTC; (v) the Publisher has a legitimate reason to suspend access through the use of the Means of Access concerned.
8. The User is responsible for any access to his Account through his Means of Access and for any use of a Service (consultations, modifications, offers, announcements, messages...) and for controlling (a) fraud and any other illegal use of his Means of Access, (b) unauthorized modifications and any other unauthorized behavior, and (c) any suspicious use or other suspicious activity using his Means of Access.
6. EFFECTIVE DATE AND DURATION OF THE TERMS OF SERVICE
1. The TAC apply to the User as soon as he/she accesses the Website.
2. The TAC and the documents referred to therein together express the entire agreement between the Parties as to their subject matter and replace and cancel all previous agreements or documents that the Partis may have entered into or communicated to each other and having the same or similar subject matter.
3. The TAC and the documents referred to therein constitute the sole agreement between the Parties with respect to the subject matter defined above (purpose of the TAC).
4. The Parties shall not be bound by any statement, term or condition relative thereto that is not incorporated therein or in the documents referred to therein.
5. The TAC can be unilaterally modified at any time by the Publisher, who will inform the User that has an Account beforehand. In this case, the modifications made to the TAC come into effects as of the information given to the User by the Publisher. In case the User refuses the new TAC, he/she may terminate his/her Account and should no longer use the Services, the Sourcing Platform and the Website. For the other Users who do not have an Account, the TAC come into force immediately after their publication on the Website.
7. PERSONAL DATA PROTECTION
1. In accordance with the European General Data Protection Regulation (GDPR EU - 2016/67) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and the rules relating to the free movement of such data, the Information collected about Persons (including Users) on the Website and when using the Services will only be used and communicated for the sole purpose of the Publisher's administrative, marketing or commercial management or to meet contractual, legal or regulatory obligations.
2. By accepting the TAC under the conditions, the User authorizes the Publisher to contact him by any method (e-mail, telephone, electronic communication, sms...), directly or under his responsibility through a third party provider, including for commercial purposes. He also authorizes the Publisher to transfer his Personal Data to any Person of the Group or to a third party to satisfy the needs of the Website and the Services or to comply with the applicable legal provisions. Each of the Parties undertakes to comply with the Regulation on the protection of individuals with regard to the processing of personal data and the rules relating to the free movement of such data and any other current or future text applicable to the protection of personal data.
3. In accordance with the Regulation on the protection of individuals with regard to the processing of Personal Data and the rules relating to the free movement of such data, the Website and the Services have each been declared to the ANSPDCP (The National Authority for the Supervision of the Processing of Personal Data).
4. Consequently, Users have the right to access, modify, rectify and delete all Personal Data that have been brought to the attention of the Publisher when using the Website and the Services. Likewise, Users have the right to object to the transfer of their data at any time.
5. The exercise of the rights described above is possible by sending an e-mail to the Publisher at the following address: info@shopsfile.com, or by sending us a letter at BUCUREŞTI, SECTOR 1, INT. GHEORGHE SIMIONESCU Nr.19 Ap.B26 The Publisher, when acting as a data controller, undertakes to:
a. comply with applicable Regulation regarding the protection of Personal Data;
b. take all necessary precautions to preserve the confidentiality and security of the Personal Data, and in particular, to prevent them from being distorted, damaged or communicated to unauthorized third parties, and more generally, to implement the appropriate technical and organizational measures to protect the Personal Data against accidental or illicit destruction, accidental loss, alteration, unauthorized dissemination or access, in particular when the data processing involves the transmission of data over a network, as well as against any form of unlawful processing, it being specified that these measures must ensure, taking into account the state of the art and the costs associated with their implementation, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected;
c. respect the period of conservation of Personal Data;
d. respond within five (5) working Days to any request from a User concerning the Personal Data processed by the Publisher (right of access, right of rectification, right of destruction, etc.);
e. Delete or have deleted immediately and definitely the Personal Data that a User has requested to be deleted, taking into account the deletion within five (5) working Days.
6. In case of legal request and/or claims, the Publisher may be required to provide all information they have concerning the User, the Services and the Information.
8. PUBLISHER’S INTELLECTUAL PROPERTY
1. The information, images and texts contained on the Website are the property of the Publisher or of other Users who have granted the necessary authorizations to the Publisher under the conditions set forth in the TAC. All rights on these elements are reserved. Any use, even with complete or partial modification, of the texts or illustrations, by any process whatsoever, made without the written consent of the Publisher, is illegal.
2. The Website, the Services and each of their components (with the exception of the Users' Content) is an original intellectual work, protected as such by the applicable national and international legislations, of which the Publisher (or the third party publisher) keeps, as holder of the rights, the intellectual property as well as all the prerogatives related to it.
Concerning the legal protection of the databases, the Publisher is producer and owner of all or part of the databases composing the Sourcing Platform, excluding the elements emanating from third parties or other websites accessible from the Website. Consequently, the User does not acquire any intellectual property right, nor any other right than those conferred by the TAC.
3. The User is expressly prohibited from:
a. reproduce, arrange, adapt the Website and/or the Services, modify it (them), or have it (them) modified by a third party, including to correct any errors, or alter it (them), without the priori written consent of the Publisher;
b. decompile, disassemble, reverse engineer, or otherwise attempt to discover, translate, or reconstruct the source code of the Website and/or the Services;
c. remove, delete or alter any copyright notices, commercial names, logos, trademarks or other intellectual property rights of the Publisher and its suppliers, appearing in or on the Website or/and the Services;
d. download addresses and Information from the Website, including for the purpose of creating a database.
4. The Publisher’s trademarks appearing on the Website are registered trademarks. Any total or partial reproduction of these trademarks without the express authorization of the Publisher is therefore prohibited.
5. The hypertext links set up on the Website towards other resources present on the Internet network, cannot engage the responsibility of the Publisher, even when they are partners of the Publisher or other Users. The Publisher has no control over linked websites and they may have different privacy policies and offer the possibility to purchase services and products from a someone else than the Publisher. The Publisher does not endorse any of these services and products and makes no statements or warranties regarding them. Furthermore, the Publisher’s statements regarding compliance with the Regulation set forth in above relate solely to Personal Data obtained through the Website or through the use of the Services of the Information.
9. USER’S INTELLECTUAL PROPERTY
1. The User who provides Content to the Website shall retain, in accordance with the applicable regulations, ownership of the elements of which it is composed. Nevertheless, the User freely grants (or will cause others to freely grant) the Publisher a non-exclusive, worldwide, royalty-free license to use, display, store, edit, modify, incorporate, adapt, download, store and reproduce the Content, including all associated trademarks, for the full term of the intellectual property right, download, record and reproduce the Content, including all associated trademarks, in any way, in any language, in any format and media, now or in the future, and to use the Content for advertising and promoting the Website and the Publisher's Services, in any format and media, now or in the future.
2. The Content that is not Personal Data communicated to the Publisher by the User (in particular information related to products and services, including prices) are considered as non-confidential and free of rights and may therefore be used and distributed freely and without restriction by the Publisher, subject to the respect by the Publisher of the provisions of the TAC.
3. The User is solely responsible for the Content, the Information or the messages he publishes and broadcasts on the Website.
4. The User must respect all property rights or other rights of third parties. Any Content provided by a User or published by him on the Website through his Account must necessarily comply with the Regulation and in particular the regulations applicable to intellectual property, including trademark law, copyright and database producers' rights and Romanian " copyright". Thus, Users shall only provide Content of which they are the owners or of which they have obtained prior written authorization from the owners and for which no prohibition could, in any way whatsoever, prevent or restrict the diffusion of the Content on the Website. Consequently, each User guarantees that he/she owns all rights to the Content posted on the Website. If a User wishes to contribute Content of which he/she is not the exclusive author, or the sole owner, he/she must obtain, before posting such a Content on the Website, the rights of reproduction, representation, communication to the public, and prior authorizations from the holders of the rights under the legal conditions, and their adherence to the stipulations of the TAC. Any Content that does not comply with these provisions will be qualified as Illicit Element.
5. The User states and warrants that for each element of Content (a) the User is authorized to provide the rights described above, (b) the Content and its uses will not infringe, violate or misappropriate any proprietary or other rights of any third party, or be unlawful, and (c) the Content will not include any Illicit Element.
6. The Publisher may immediately remove any Content that infringes, violates or misappropriates any right of a third party.
10. SERVICE SUSPENSION
1. The Publisher may immediately and without notice suspend or block access to any or all of the Services (each case hereinafter individually referred to as "Service Suspension") for any of the following purposes: a) to comply with any Regulation, court order or other administrative request or injunction requiring immediate action; b) to comply with the Publisher’s editorial policy as stated on the Website; c) to avoid any interference that may create a damage (including to other Users) or degradation of the performance of the Website; d) to avoid that the Service concerned is used in a way that would or could engage the responsibility of the Publisher, or in violation of any Regulation, whether such use is made by the User or any other person or entity using the Service, with or without the consent or authorization of the User, or to avoid that the Service is abused by the User, these cases of use being hereinafter individually referred to as "Service Misuse"; e) avoid any loss when the User fails to pay any amount due to the Publisher when it is due.
2. The Publisher shall restore the provision of the Service provided that the User remedies the cause of the Service Suspension and pays to the Publisher the costs, if any, of restoring the Service. If the User does not remedy the cause of the Service Suspension or does not pay the Service restoration costs, if any, the Publisher may terminate the User’s Account, without compensation or notice. In this case, the Publisher may (without prejudice to the exercise of its other rights and legal actions) claim from the User the payment of the amounts due under the subscriptions subscribed by the User prior to the date of deletion of his Account.
11. LIMITATION OF LIABILITY
1. Within the framework of the execution of the TAC, the Publisher makes sure to implement the technical means of intervention and assistance in order to ensure a regular operation of the Website and the Services.
2. The Publisher cannot be held responsible for delays or failures to perform its contractual obligations resulting from the occurrence of events beyond its reasonable control, such as the following events: government or administrative measures known according to the Romanian Law, exceptional weather disturbances, labor disputes other than those between the Publisher and its employees, absence or suspension of electricity supply, lightning or fire, decision of a national or international administrative authority or any other competent authority, war, public disturbances, acts or omissions on the part of a telecommunication operator, or a third party provider, or events beyond reasonable control of the Publisher’s suppliers.
3. The Publisher does not warrant that his Website or Services will operate and function without interruption. In the event of a failure, breakdown or disruption of its Website or Services, the Publisher will inform the User of the failure and will make its best efforts to remedy the failure as soon as possible.
4. The Publisher will not be liable for any of the following damages: a) loss of revenue, business, contracts, customers, savings, profits or data – the term "loss of savings" means any expense that the User expects to avoid or to bear at a lower cost through the use of the Website or the Services –, or b) any consequential damages that may arise in connection with the performance of the TAC.
5. In the event that the Publisher is held liable for the performance of the TAC, it is expressly specified that its liability will not exceed fifty percent (50%) of the total amount of the sums actually paid by the User to the Publisher (excluding sums paid in consideration of services provided by a third party, such as Google Ads for example) for the provision of the Services during the twelve (12) months prior to any direct damage or any series of direct damages resulting from the same facts.
6. The provisions of this article include, in a restrictive way, all the conditions applicable to the responsibility of the Publisher under the execution of the TAC.
12. WAIVER
1. The failure of a Party to exercise any right under the TAC shall not be interpreted as a waiver of such right and shall not affect the ability of such Party to exercise such right in any way.
2. No waiver of any contractual statement or warranty shall be effective unless the Party concerned notifies the other Party of its waiver in writing and duly signed.
13. INDEPENDENCE OF THE TAC PROVISIONS – CONTINUITY OF THE TAC
1. The voidness, unenforceability, lapse, illegality or unenforceability of any provision of these TAC, for any reason whatsoever, shall not affect the validity, legality or enforceability of the remaining provisions of these TAC, in which case the Parties undertake to approach each other and negotiate the invalid or deleted provision with one having equivalent effect.
2. Each of the Parties expressly and irrevocably waives the right to invoke pretentions and expressly accepts that the termination, resolution, lapse, caducity or non-performance of one or more, other contracts necessary for the performance of the Services provided for in the TAC, and referred to in particular in the TAC, shall have no effect on the validity of the TAC.
14. JURISDICTION CLAUSE
1. The TACs are governed by and will be interpreted in accordance with Romanian Law.
2. Any dispute arising between the parties regarding their interpretation, validity, application, execution or non-execution will be, in the absence of an amicable solution, which must be reached within twenty (20) days from the notification of the dispute by any of the parties to the other party, submitted by the most diligent party to the commercial court of Bucarest..
15. NOTIFICATIONS – ELECTION OF DOMICILE
1. All notices, notifications or communications required to be given under the TAC has to be given to each Party by e-mail or by letter, the date of receipt or first presentation will be considered.
2. Concerning the User, any communication regarding the TAC will be addressed to the User’s address listed in the Account Information.
3. Concerning the Publisher, any communication regarding the TAC will be addressed to the following address:
To : Customer Service
Adress : BUCUREŞTI, SECTOR 1, INT. GHEORGHE SIMIONESCU Nr.19 Ap.B26
Email : info@shopsfile.com