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TERMS AND CONDITIONS

The present document is the Terms and Conditions of Services and Confidentiality Policy (further on named “Terms”) which govern the use of the websites, owned or operated by OK Service Corporation SRL, including but not limited to www.okservice.ro (further on “Site”). These Terms contain important information on your position according to the laws and regulations in force when you access them. Please read these terms carefully. If you access this site you implicitly agree with these terms as you will be informed at specified intervals of time, even if you registered as a user. It is your responsibility to bring this to the knowledge of those who might access this site through you. If you have any questions please contact our Client Relations Department.

1. Introduction

1.1 This Site is owned and operated by OK Service Corporation SRL. The Site can be sponsored by advertising organizations and agencies (further on named “Sponsors”) whose names appear on the Site and whose websites can be accessed through Internet links.

1.2 There are some areas of the Site, which might be accessible only to the registered or subscribing users, who underwent the registration procedure.

2. Conditions of use and Intellectual property rights

2.1 All rights for the materials included in the Site and the e-mail transmitted news (further on “Contents”) belong to OK Service Corporation SRL (further on “OK Service Corporation”) or to the persons authorized by it and are protected through copyright, registered mark, service mark and/or other laws on intellectual property rights in Romania and /or other countries. All the individual articles, titles and their contents, e-mails and other elements of the Site are also part of the registered mark and you implicitly agree with all the copyrights and applicable laws, as well as other warnings on the copyrights or restrictions of the Site or the contents of these Terms. OK Service Corporation can license a third party to permit access to Contents.

2.2 You will agree to use this Site and these Contents only for your own access and to your own benefit and not for re-selling, transfer or disposal towards a third person or entity. You agree not to use, transfer, distribute or dispose the use of any element of any Contents in any way, which could compete with the OK Service Corporation field of activity.

2.3. You will accept that the Site will be neither configured, nor used for transactions, nor for supplying information.

2.4. Regarding the above mentioned stipulation, you may download and post the Contents from the Site on the computer screen, you may print individual pages on paper support (but without photocopying them), you may stock these pages in an electronic format on a floppy disk (but neither on a server nor can you stock them on a network connected computer) but you are not allowed to reproduce, modify or exploit any element of the Contents to commercial purposes.

2.5 OK Service Corporation SRL tries to make sure that the goods and services provided are correctly evaluated, but some errors might nevertheless occur. If such pricing or calculation errors are found out we reserve the right to offer you the option either to cancel your order or to confirm the correct price. The goods sent abroad can be subject to the import dues, which will be collected at their final destination. You are supposed to cover any other customs dues and charges, as OK Service Corporation SRL has no control over these charges.

2.6 If we find out that you have sold, published, distributed, retransmitted or allowed the access of any person/entity to articles or parts of the Contents without the prior written permission from OK Service Corporation SRL we shall send you a penalty invoice of 500 Euros for every article or part of Contents for which the Copyright Law had been breached. This penalty invoice shall be paid immediately. Any request of permission for re-using, re-publishing or re-printing can be forwarded to OK Service Corporation SRL Client Relations Service.

2.7 OK Service Corporation SRL is a registered mark and cannot be used without the special written permission of the Company.

2.8 You will be responsible for purchasing the necessary equipment and paying the telephone bill or any other charges required for this Site.

3. Registration

3.1. In order to access this site it might be necessary to go through a registration procedure and select a user name and password. You will supply OK Service Corporation with all the necessary details, which must be correct, complete and up to date. It is your responsibility to inform OK Service Corporation immediately about any change in the previously supplied information.

3.2 Your registration is personal and you will be personally accountable for keeping the confidentiality of the password and user name. You will be responsible for the use of this Site by any other person, who accesses it with your user name and password. Any unauthorised access of this Site and/or of the password or user name shall be immediately notified to OK Service Corporation.

4. Data Security and Protection

4.1 OK Service Corporation and you agree upon complying with the laws in force on the protection of the confidential data. In accordance with the Confidentiality Policy, which is part of these Terms, normally, no data concerning you shall be disclosed to a third party, unless this is specifically stipulated in a place of the Site.

4.2 OK Service Corporation cannot control and shall offer no suggestion, guarantees or conditions concerning the security or contents of the information which go through its communication network, through internet or services offered to the clients through this Site.

4.2 Nevertheless OK Service Corporation shall do its utmost to assure the security of the information but it cannot guarantee that the information taken over by the clients or transmitted by them will be permanently secure.

5. Interactive services


5.1 This site might contain spaces for information bulletins, forums and other public areas, which enable the interaction between users and OK Service Corporation (together called “Interactive areas”). OK Service Corporation does not control and is not responsible for the information and /or materials posted in the Interactive areas (“Posted materials”) but reserves the right not to inform a third party about deleting, moving or editing any Posted Material or parts of it. As a condition of your access to the Site and especially to the Interactive Areas all the (legal, moral and other) rights of the Posted Materials belong to you and you are fully responsible for them.

5.2 You are responsible for the contents of the Posted Materials and you have to comply with all additional regulations, which will be mentioned at certain intervals of time in certain locations of the Interactive Area. In the Interactive Area it is especially forbidden to:

  1. post, publish or make links referring to any material or article which could be taken into consideration as a recommendation made by OK Service Corporation;
  2. post, publish or transmit any information in violation of the confidentiality policy or the regulations in force;
  3. post, publish or transmit obscene, slanderous, threatening, degrading information or messages or which violate the copyrights or any other rights of a third party or are illegal;
  4. post, publish or transmit promotional materials and/or advertising or chain e-mails, spam or mail bombs;
  5. assume a fake identity as a person, company, group or entity or represent a false relation with those;
  6. post or publish any information or message containing viruses or other harmful components;
  7. mislead about the origin of a message;
  8. collect or stock other users’ data;
  9. prevent or restrict the access to the Site or Interactive Areas of other users.
5.3 When accessing the interactive areas you shall agree to protect OK Service Corporation from complaints, costs and expenditures (including legal and professional fees) which could occur in relation with any of the Posted Materials

5.4 You are informed that OK Service Corporation has no control on the users who post messages in the Interactive Area. As a consequence, OK Service Corporation cannot guarantee the correctness and honesty of the Posted Material. The access to any Interactive Zone will be on your own risk. You should not rely in any way on the Posted Material.

5.5 The OK Service Corporation representatives may introduce the Posted Material in the Interactive Areas. If so, the representatives will act on their own behalf and any opinion expressed by them cannot be seen as an opinion of OK Service Corporation in any aspect.

5.6. In the following you shall agree to transfer to OK Service Corporation the non-exclusive, perpetual author’s copyright without a licence, to use, modify and licence all or part of the Posted Materials, including the right to licence a third party for the purpose of their use.

6. Connection


6.1 You can create a link from your website to the homepage of this Site if you prove that you have filled out the Registration Form and you do not connect yourself to this Site from a website with an obscene, slanderous, threatening or degrading contents or containing materials which violate the intellectual property rights or any other rights of a third party or infringe the law.

6.2 When you connect yourself to this Site under the conditions of these Terms, OK Service Corporation will grant you the non-exclusive, non-transferable licence without author’s copyright to use the registered mark OK Service Corporation only to the purpose to provide a link in the form of a text from your website to this Site. No other access shall be allowed to the name or mark of OK Service Corporation without prior special notification in writing of the owner.

6.3 The potential connection to an internal or annex page of this Site, located by one or more levels lower than the Home page (Deep Linking) as well as updating or presenting the Contents form another website (Framing) is not allowed without the prior permission in writing. You must seek and obtain the prior permission in writing from OK Service Corporation before accessing Deep Linking, Framing or any other element of the Contents. When you contact OK Service Corporation:

  1. give your name, e-mail address and phone number;
  2. give the name of the Company where you work;
  3. give specific details on the reason why you access Deep Link or Framing.

7. Connections to the External Sites


7.1 This Site may contain links to other web pages supplied by Sponsors or other independent third parties (“External Sites”) either directly, or through framing. OK Service Corporation shall try to highlight those links. OK Service Corporation shall not be held in any way responsible for the availability or contents of the External Sites and shall neither be part, nor responsible under any aspect for any arrangement concerning the available products of services of such External Sites.

7.2 This Site can be used to buy products or services from the OK Service Corporation partners or from another third party, as well as from Sponsors. Any such contracts will be between you and a third relevant party or Sponsor and OK Service Corporation will be exonerated of any costs, complaints, damages or obligations which might appear in this respect, even if the respective contract had been introduced through this Site.

8. E-mail


OK Service Corporation can offer you the possibility to subscribe to the e-mail news service through this Site. Your access to this service or to any other Contents will be subject to these Terms.

9. Third party contents


This Site may contain at certain time intervals contributions from a third party as well as advertising or sponsorship. Every third party, advertising agent and/or Sponsor shall be responsible for all the material aspects they present and OK Service Corporation shall not bear responsibility for any errors or wrong data contained in such materials.

10. Contests and rewards

From time to time OK Service Corporation can organise contests, promotions and tombolas with prizes. They will be stipulated in the additional terms and conditions applicable to every case and will be available since the respective moment.

11. Changes

OK Service Corporation has at any moment the right, according to its own choice and judgement, to make any modifications, completions or cancellations in the Site, Contents, Interactive areas or in these Terms. Any change of these Terms will by notified by e-mail or by posting on the Site the revised Terms. If you continue to access the Site after a change of the Terms this means implicitly that you accept the changes.

12. Representations, guarantees and compensations

12.1 You represent, guarantee and assume responsibility that:

  1. you have the capacity to enter into this agreement;
  2. you are at least 18 years old;
  3. you will not violate the copyright or any other intellectual property rights of OK Service Corporation;
  4. you will not conduct (or permit to be conducted) any cracking, hacking or attacks like Denial of Service;
  5. you will fully comply with these Terms;
  6. you will not copy, reproduce, compile, decompose, reverse, transmit, download, load on, create works which derive from those of OK Service Corporation nor exploit this Site or any information programme which is the property of OK Service Corporation or its partners – third parties.


12.2 You agree not to bring prejudice to the interests of OK Service Corporation concerning costs, complaints, obligations and expenditures (including any professional fees), which OK Service Corporation might incur because of your infringing these Terms and, especially, of any causes mentioned under 12.1. In order to avoid any doubts this penalty will be applied on all losses, which OK Service Corporation might incur as a consequence of the use by another person of your user name and password, except for the situations when you can prove to the benefit of OK Service Corporation that this third party had obtained relevant details without your consent for which you cannot be blamed.

13. Denial and restriction of liability

13.1 The content of this Site is supplied by OK Service Corporation only for your general information and is not intended to specially meet your requirements. Its contents do not include and is not a specific form of recommendation or advice and you should not consider it as such in making decisions about your activity. You and your clients should look for an independent recommendation and make your own decisions. All the arrangements made between you and a third party mentioned on this Site are made on your risk and responsibility.

13.2 OK Service Corporation does not offer special explicit or implicit guarantees on this Site, it includes but is not limited to implicit guarantees or conditions for completion, correctness and appropriateness to the purpose established.

13.3 OK Service Corporation does not guarantee that this Site fulfils your requirements, neither that the use of this Site will be uninterrupted, punctual, safe and without errors.

13.4 OK Service Corporation obtains its Contents from a number of sources and disseminates them on the Internet (or any other electronic interactive platform). As a consequence, OK Service Corporation cannot and shall not offer any guarantees about the Site, the IT programme and/or Contents. This Site is supplied “as it is” according to the Law and any marketing authorisation or guarantees related to correctness, completeness, manufacture and attention level are excluded on purpose.

13.5 To the extent permitted by the Law, you will agree that OK Service Corporation shall not be accountable for the possible incidental damages (including but not limited to financial losses, business or profit losses) or for not fulfilling the obligations, even if OK Service Corporation and its representatives had been warned about the possibility to incur such damages.

13.6 In the case of such damages incurring as a consequence of accessing this Site you shall agree that these damages will be limited to the total amount paid by you to OK Service Corporation during the last month plus 100 Euros.

13.7 Notwithstanding any other article provisions of the Terms, nothing shall limit the OK Service Corporation accountability for the death or personal injury caused by the OK Service Corporation neglect.

14. The Confidentiality policy

OK Service Corporation respects the privacy of every person who visits this Site and makes every effort to assure a safe online connection. OK Service Corporation does not collect your personal data but only the data, which you volunteer to provide. These personal data will be used to efficiently operate this Site and to supply you with the products and services you required.

15. Terms and Termination of Terms

15.1 The use and access of this Site are not subject to time limitations. Without bringing prejudice to any right of any party, these Terms may be terminated at any moment by any of the parties, without any reason. You can terminate these Terms by not accessing any more this Site. OK Service Corporation will terminate these Terms and your access by an electronic notification. These Terms will cease automatically and with no notification from OK Service Corporation if you infringe these Terms.

15.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 24 of these Terms will stay in force after the termination of the Terms and will produce the same effects as before.

16. Changes

OK Service Corporation reserves the right to modify, delete or change any aspect of the Contents, Interactive Areas, Site and /or any technical specifications under any aspect. You shall agree and know that these changes can lead to the impossibility to access this Site partially or fully.

17. Force Majeure

OK Service Corporation shall not be hold responsible in the event of a Force Majeure case, which is defined as an event or set of circumstances on which OK Service Corporation has no control.

18. Titles

The titles of the paragraphs in these Terms are used exclusively to the benefit of the convenience and shall not have any contractual or legal significance.

19. The entire contract

These Terms, as they will be posted at certain time intervals and other business terms on this Site will constitute the entire contract between you and OK Service Corporation regarding your access to this Site.

20. Your access from outside Romania


OK Service Corporation does not mention that this Site is going to have appropriate Contents, which could be accessed from outside Romania. If you access this Site from outside Romania, it is your responsibility to comply with the local laws and regulations.

21. Separation of articles and paragraphs

In the case that any articles or paragraphs of these Terms become invalid or are no longer in force, the remaining articles and paragraphs in these Terms stay in force.

22. Notifications

Any notification that you or OK Service Corporation have to make in relation to these Terms will be made on e-mail or regular mail, in your case to the address on the registration form, in our case to your address as registered on the Site.

23. Renouncement

No delay or omission of OK Service Corporation to exert any of the rights, powers or remedies under these Terms will neither damage nor decrease these rights, powers or remedies.

24. Legislation

These terms will be governed and expressed in accordance with the laws of Romania. When accessing this Site you agree to comply with the Romanian legislation.

25. The Confidentiality policy of OK Service Corporation SRL

OK Service Corporation collects information from the users during the registration process and on other occasions. We try to make the process as rapid and easy as possible and we are grateful for any information supplied by our users. The more correct the information from the users is the more correct we can be in our contacts with them. This Confidentiality Policy establishes the data gathering and the dissemination practices on this Site.

Data protection

This Site will comply with the Romanian laws on data protection so that no personal details supplied by us will be disclosed to any third party except for OK Service Corporation without the user’s consent (See paragraph 4 of these Terms, Data safety and protection)
The users should know and accept that, if OK Service Corporation is required by a third authorised party or government agency, which investigates illegal activities, to offer details on the activities of this Site users, OK Service Corporation will act accordingly.

Similarly, OK Service Corporation will disclose personal information on the users if required by law. OK Service Corporation reserves the right to notify or supply such information to a relevant authority if, in our opinion, OK Service Corporation thinks that this is an emergency, illegal activity or another well grounded reason.

OK Service Corporation reserves the right to stock and use personal data of the users only to internal purposes and further reserves the right to access, monitor, receive or access protected information to the purpose to fulfil its obligations in accordance with these Terms.

Using the registration information

OK Service Corporation will use the information received from the users upon their registration as follows:


  1. To enable your ongoing access to this Site;
  2. To be able to develop this Site in ways we think relevant and interesting;
  3. To communicate you new materials which we have produced and might be of interest to you;
  4. To supply our Sponsor with information on the users' base and usage patterns.

When registering, you can choose not to be contacted by us in this way. Any one of our users can contact us any time to ask to be removed from the users’ list. If you want to delete the details you will have to contact us.
Upon registration you will have the possibility to receive information from OK Service Corporation, our partners and Sponsors.

Cookies

The users should know that OK Service Corporation might use cookies to identify the users who come back to this Site. This will allow us to supply customised contents to each user and enables you to stock your own selection of materials for the future use. Some networks block these cookies, which means that not all the users can take these customised components from the Site.

Safety

OK Service Corporation operates with safe data networks, protected by standard industrial safety systems.
The Client will confirm having read and accepted these Terms. In the case that you do not agree with these Terms, you are kindly asked not to use this Site.

April 2005

 

Terms and conditions Copyright - OK SERVICE CORPORATION - 2010