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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: - 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;
- post, publish or transmit any information in violation of the confidentiality
policy or the regulations in force;
- 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;
- post, publish or transmit promotional materials and/or advertising or chain
e-mails, spam or mail bombs;
- assume a fake identity as a person, company, group or entity or represent
a false relation with those;
- post or publish any information or message containing viruses or other
harmful components;
- mislead about the origin of a message;
- collect or stock other users’ data;
- 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:
- give your name, e-mail address and phone number;
- give the name of the Company where you work;
- 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:
-
you have the capacity to enter into this agreement;
- you are at least 18 years old;
- you will not violate the copyright or any other intellectual property rights
of OK Service Corporation;
- you will not conduct (or permit to be conducted) any cracking, hacking
or attacks like Denial of Service;
- you will fully comply with these Terms;
- 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:
- To enable your ongoing access
to this Site;
- To be able to develop this Site in ways we think
relevant and interesting;
- To communicate you new materials which we
have produced and might be of interest to you;
- 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
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