Termeni și Conditii

TERMS OF USE AND SERVICES

These terms of use and services (the “Terms”) set the rules for using our website, www.marketplaceromania.ro (the “Website”) and for purchasing our services offered through the Website, as per these Terms (the “Services”).

1. Overview
1.1. The Website is the property of Asociația “Camera de Comerţ şi Industrie Româno-Germană Deutsch-Rumänische Industrie- und Handelskammer AHK”, a Romanian legal entity having its registered headquarters in Bucharest, District 1, 82-98 Calea Griviței, floor 1, The Mark, Corp The Podium, postal code 010735, registered within the National Register of Associations and Foundations under no. 4611/A/2002 and under the Special Register of the District 1 Court of Law (Part A- Associations) under no. 110/05.09.2002, fiscal registration code no. RO14870017, legally represented by Sebastian Metz as General Director (“AHK”).
1.2. The use of the Website and the purchase by you and the supply by us of the Services offered by us through the Website is governed by these Terms . Please read them carefully. By accessing and using our Website and/or by filling in the registration form available on the Website for becoming a member in the suppliers’ portal (“Suppliers’ Portal”), you agree to be bound to these Terms. If you do not agree with all of them, please do not use our Website.
1.3. In these Terms, references to “we”, “us” or “our” mean AHK, and references to “you” and “your” are to users of our Website, who either have an active account on our Website and/or purchase Services or simply surf the Website.
1.4. To reach out to us, please check our contact details available in Romanian at https://www.marketplaceromania.ro/ro/contact/ or in German at https://www.marketplaceromania.ro/de/kontakt-2/.

2. Description of Services
2.1. The Website is an online platform (the “Portal”) where companies activating in various industries or sectors of activity, irrespective if they are or not members of AHK, can showcase their business, activity, products and/or services, contact details to other potential business partners, as well as to benefit of preferential display or special display services, depending on the type of the Services’ package selected when filling in the registration form available on the Website for becoming a member in the Suppliers’ Portal, provided that the corresponding price due to AHK for the selected Services’ package detailed in the aforementioned registration form and under art. 4.1. below is paid by you in the account indicated in the invoice issued by AHK after validation of your registration in the Suppliers’ Portal. Special price offers and/or discounts could be granted to the members of AHK, as indicated in the registration form.
2.2. The scope of the Portal is only to make available information about the companies which are members in the Suppliers’ Portal, based on the Services provided by us to the members in the Suppliers’ Portal through the Portal (which is made available by us at the disposal of the members in the Suppliers’ Portal to this end), as detailed under art. 2.1 above and art. 2.5, to the visitors of the Portal in view of a potential business relationship between companies that are or not members in the Suppliers’ Portal and the members in the Suppliers’ Portal, which shall be concluded without involvement or intermediation from us.
2.3. The Portal is aimed only for legal entities activating in the business sector or for professionals performing lucrative activities. For the avoidance of any doubts, the Portal is not intended for consumers’ use, neither for advertising any products/services in the Portal by consumers, nor for acquiring/accessing by the consumers of the products/services offered by the members in the Suppliers’ Portal via the Portal.
2.4. We are not responsible in any way in relation to any relationship and/or agreement concluded or to be concluded between the members in the Suppliers’ Portal and any company contacting any member in the Suppliers’ Portal based on the information available on the Portal or as result of us performing the Services. You are responsible for any agreements concluded and/or any corresponding rights and obligations derived from the latter between you and any company. No communications or transactions are made through the Portal between the members in the Suppliers’ Portal and any other company.
2.5. The Services’ packages offered by us are of three categories as follows: Business Package, Business Plus Package and Premium Package.
2.5.1. The Business Package includes the following Services:
• Presence on the Portal for a calendar year period. For the avoidance of any doubt, the presence on the Portal is granted between 1st of January of the relevant year until 31st of December of the same year. Therefore, if you decide to register as a member in the Suppliers’ Portal after 1st of January, you will benefit of the Services only until 31st of December of the calendar year when you have registered, but you will have to pay the price of the Services for the entire calendar year, unless special price offers are provided in the registration form for the remaining period or for a certain period of that calendar year;
• Display on the Portal of short description of your company;
• Selection depending of your activity sector;
• Description of your Products/Services;
• Display on the Portal of your contact details;
• Display on the Portal of the logo of your company;
• Display on the Portal of the presentation of your company in PDF format.
2.5.2. The Business Plus Package includes the Services detailed under art. 2.5.1 above for the Business Package plus the following additional Services:

• Preferential position / Priority display in the list of companies resulting based on the selection depending on the activity sector;
2.5.3. The Premium Package includes the Services detailed under art. 2.5.2 above for the Business Plus Package plus the following additional Services:

• Publication for 30 days of an announcement including your cooperation offer on the biggest business portal from Germany which addresses to distributors, representatives and/or sales agents.

3. Conclusion of the contract
3.1. By filling in and sending the registration form available on the Portal, you are expressing firmly your request to become a member in the Suppliers’ Portal and to conclude a contract with us for provisions of the Services allocated to the Services’ package selected by you in the registration form. After you send the complete registration form on the Portal, we will assess the validity of your registration and provide you with a notification for confirmation of the validation of your registration or for rejection of your request for registration, at our discretion, as the case may be. If your registration has been validated by us, we will issue the invoice for the price related to the Services’ package selected by you in the registration form and send it to the email address provided by you in the registration form. Your account of member in the Suppliers’ Portal will become active and the contract with us for provisions of the Services allocated to the Services’ package selected by you in the registration form (the “Contract”) will enter into force at the moment our bank account is credited with the amount of the price related to the Services’ package selected by you in the registration form. The documents of the Contract, which is binding for you and us as of its entrance into force, will include the registration form filled in and send by you and these Terms. In case of discrepancies between the registration form filled in and send by you and these Terms, the data in the registration form will prevail.

4. The price for the Services
4.1. The price for each Services’ package and, if applicable, the related discounts or the special price offers for the AHK members or for all the companies, are provided in the registration form which can be accessed on the Portal. The prices are expressed in EURO.

5. The payment of the price for the Services
5.1. You are obliged to pay the price for the selected Services’ package in the registration form after receipt of the relevant invoice from us by wire transfer in our bank account provided in the invoice. The invoice will be issued in lei, using the RON/EUR rate of exchange applicable on the date of issue of the invoice. The price should be paid by you in lei.
5.2. The activation of your account as a member in the Suppliers’ Portal will be made only after payment by you of the price for the selected Services’ package and the receipt of the related amount in full in our bank account.

6. Duration of the Contract
6.1. The Contract’s initial duration starts at the moment our bank account is credited with the amount of the price related to the Services’ package selected by you in the registration form and terminated on 31st of December of the year when the Contract was concluded. The Contract’s duration is automatically renewed for successive one calendar year periods, if you or us do not notify in writing the termination of the Contract at least 3 (three) months before the end of the contractual year (i.e. before 31st of December of the year when the Contract was concluded) and our bank account is credited with the amount of the price due to AHK for the selected Services’ package detailed in the registration form for the next calendar year, as per the draft invoice issued in advance by us in this respect.
6.2. In case you are in breach of any of your obligations under the Contract or you improperly or late fulfil any of your obligations under the Contract, we are entitled to unilaterally terminate for cause the Contract without delay notice, without forbearance, without intervention of the court of law and without any other formality, by a notification (termination statement) sent to you in this respect and that your account as a member in the Suppliers’ Portal will be automatically disactivated. By concluding the Contract, you explicitly and irrevocably agree that you are lawfully (de jure) in delay with respect to the fulfilment of your obligations under the Contract at the expiry of the contractual or legal term provided in this respect.
6.3. For the avoidance of any doubt, the supply of the Services by us will cease immediately on the date of termination of the Contract for whatever reason and we will not be obliged to return to you the price of the Services’ package selected by you in the registration form in whole or in part, irrespective of the remaining period of the calendar year in which the Contract was concluded.

7. Your use of the Website
7.1. Pursuant to these Terms, you confirm to comply with all applicable laws in accessing and using this Website.
7.2. It is prohibited to use the Website:
a. in any way that breaches any legal provision and/or has any unlawful or immoral purpose or effect;
b. in order to transmit or to send in any way any material or information which is false, inaccurate, illegal, defamatory, discriminatory, unauthorized, unlawful or may expose you or us to legal action or reputational damage; or
c. to threaten, harass, abuse or otherwise violate the rights of others.

8. Intellectual property rights
8.1. All materials published on the Website (e.g., texts, images, graphic representations, sounds, animations and video files, trademarks, or any combination thereof) and the materials made available through the Website are protected by copyright laws and other intellectual property rights.
8.2. No part of this Website may be copied, publicly displayed, reproduced, reutilized, transferred, extracted, or modified in any way, regardless of whether or not this modification triggers derivative works, or is reproduced on other media, including on other websites and in publications of any kind, without the prior written consent of AHK, except for the cases set out below. Requests for consent should be addressed to: drahk@ahkrumaenien.ro.
8.3. Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms and the Contract, you are authorised to make copies of, print or download the content on this Website, provided that such use is only for informative purpose for your own benefit and any copy of the content that you make must include the copyright notice or other attribution associated with the content, if applicable. In case of infringement of the Contract and implicitly these Terms, your right to use this Website will cease immediately, the Contract being terminated for cause by us, as per art. 6.2, and you shall return or destroy, at our option, any copies of the materials you have made and, in case you are a member in the Suppliers’ Portal, we will be entitled to withhold as penalty any amount paid to us, without prejudice to our right to claim additional damages for all direct and/or indirect, foreseeable and/or unforeseeable prejudices caused to us by such infringement, including for the damages we are obliged to pay to third parties.
8.4. You are not authorised to copy or use any software, proprietary processes or technology embodied or described in this Website.
8.5. You acknowledge and agree that AHK is the exclusive owner of all intellectual property rights over the content of the Website or holds other rights in relation thereto, as detailed under art. 8.6 or art. 8.7 below and that you will not use such materials other than as described in art. 4.3 above. You hereby agree not to modify, sell, distribute, or create derivative works based on the content of the Website without the prior written consent of AHK.
8.6. The Website may contain certain parts that are protected by the copyright or other intellectual property rights of the members in the Suppliers’ Portal (e.g., logos, presentation files) and/or other third parties (e.g., LinkedIn, Google) and which AHK may use, display and present on the Website, the members in the Suppliers’ Portal hereby irrevocably and explicitly agreeing in this respect.
8.7. When you, as a member in the Suppliers’ Portal, provide to us, upload or post content of any nature and in any form to our Website, you grant us the following rights to display on the Website and/or to use in any way that content: a worldwide, non-exclusive, royalty-free, transferable licence to use in any way permitted by the applicable law, store, copy, reproduce, distribute, execute derived materials, creations, exploit, adapt and publicly display that content in connection with the Services provided by us.

9. Specific obligations of the members in the Suppliers’ Portal
9.1. As a member in the Suppliers’ Portal, when you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us and to terminate the Contract for cause, as per art. 6.2, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Contract and implicitly these Terms. If you know or suspect that anyone else than you knows your user identification code or password, you must promptly notify us at drahk@ahkrumaenien.ro.
9.2. Whenever you make use of a feature that allows you to upload content to our Website (e.g., presentation files), or to make contact with other users of our Website, you must comply with the content standards set out in art. 7. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for all direct and/or indirect, foreseeable and/or unforeseeable prejudices caused to us by any breach of that warranty. This means you will be responsible for any direct and/or indirect, foreseeable and/or unforeseeable loss or damage we suffer as a result of your breach of warranty and you will hold us harmless and indemnified against any third parties’ claims in this respect.
9.3. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and you hereby irrevocably and explicitly agree to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use in any way permitted by the applicable law, store, copy, reproduce, distribute, execute derived materials, creations, exploit, adapt and publicly display and make available to third parties that content. The rights you license to us are described in art. 8.7.
9.4. We have the right to disclose your identity to any third party who is claiming that any content provided to us or posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
9.5. We also have the right to remove at any time, without prior notification, any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in art. 7.

10. Liability and limitation of liability
10.1. The content presented on the Website is purely informative and users should neither take nor refrain from taking actions based solely on the materials available on the Website. Although we make reasonable efforts to ensure that the information published on this Website is accurate and up-to-date, the information, in particular the information supplied by the members in the Suppliers’ Portal, may at times include (unintended) errors or inconsistencies. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date and we take no responsibility in relation to any information provided, posted, uploaded or displayed by the members in the Suppliers’ Portal on the Website or the Portal or regarding the members in the Suppliers’ Portal.
10.2. The content on our Website is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on our Website.
10.3. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our Website; or (ii) use of or reliance on any content displayed on our Website, to the extent permitted by the mandatory applicable law.
10.4. In particular, we do not assume any liability regarding (but without limitation to):
• the information submitted by the members in the Suppliers’ Portal, regardless of such information appearing on the Website or in presentation files that can be downloaded from the Website;
• the offers made by the members in the Suppliers’ Portal, including any prices, amounts, products’ characteristics, availability, quality, conformity and/or other conditions therein;
• any payment made by you to the members in the Suppliers’ Portal or vice versa, regardless of the means of payment;
• any other business propositions made by the members in the Suppliers’ Portal to you or vice versa;
• any relationship or agreement concluded or to be concluded by the members in the Suppliers’ Portal and any other company (which is or not a member in the Suppliers’ Portal).
10.5. Additionally, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage, regarding the use of our Website, to the extent permitted by the mandatory applicable law.
10.6. If you are a consumer user, please note that we only provide our Website for commercial or business purposes, and no domestic use is envisaged by us. Therefore, please note that you may not be safeguarded by the specific legislation on consumer protection when using our Website as a consumer, and we advise you to stop using our Website, since it is not intended for consumer use.
10.7. The Website may contain links to other websites and resources that are owned and operated by third parties. The Terms do not cover and AHK shall not be liable for the availability and/or content and resources of these websites.
10.8. Additionally, some of the links to websites and resources on the Website may not be owned and operated by AHK. We shall not be liable as regards the availability of such websites, nor for the content, advertising, goods, services, software, information or other materials available on or through such websites that are not under our control.
10.9. We do not assume any responsibility as regards the use of, any delay in using or inability to use this Website, or for the use of any information or materials available therein, nor for the content of any external websites to which this Website refers or to which it is linked.
10.10. AHK shall not be liable to any third party, for the content or accuracy of any material posted by you or any other user of this Website. We have the right to remove any material you upload on our Website if, in our opinion, it does not comply with these Terms and the Contract and any other legal notices or terms and conditions available on other pages of our Website.
10.11. The Portal uses a standard format for publishing and displaying the information regarding the members in the Supplier’s Portal in relation to the provision of the Services and AHK reserves its right to modify the incomplete data or the data which does not observe the formatting requirements imposed by AHK in the Portal, in order to keep the uniform character of the Portal.
10.12. In case you are in breach of any of your obligations under the Contract and implicitly of these Terms or you improperly or late fulfil any of your obligations under the Contract and implicitly of these Terms, you are obliged to pay to AHK damages for all direct and/or indirect, foreseeable and/or unforeseeable prejudices caused to it and to keep AHK fully harmless and indemnified against any third parties’ claims.

11. Personal Data
11.1. The personal data collected by AHK through the Website is processed in accordance with AHK’s Privacy Policy, available in Romanian at https://www.ahkrumaenien.ro/ro/gdpr/ or in German at https://www.ahkrumaenien.ro/datenschutz.
11.2. If you access the third-party websites using the links provided on the Website, the operators of these websites may collect and use personal information from you in accordance with their privacy policies, which will differ from ours. Our Terms must be read together with any other legal notices or terms and conditions available on other pages of our Website.

12. Malware
12.1. We do not guarantee that our Website will be secure or free from bugs or viruses.
12.2. Nonetheless, AHK makes reasonable efforts to ensure that, and has taken appropriate steps to detect that the materials available on this Website are not likely to generate technical threats, by using advanced virus-protection technologies. It is, however, your responsibility to configure and protect your information technology, computer programmes and platform, in order to access and use our Website, with your own anti-virus software.
12.3. AHK shall not be liable for loss, disruption or damages caused to the data, networks or computers of the users of this Website as a result of downloading or using the materials available on the Website or at the links accessed through the Website.
12.4. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Romanian Criminal Code. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and the Contract will be terminated for cause with immediate effect, as per art. 6.2.

13. Linking to our Website
13.1. You may link to our home page, available at https://www.marketplaceromania.ro/ro/acasa/, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
13.3. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in art. 7 of these Terms.

14. Changes to Terms
14.1. AHK may modify these Terms from time to time.
14.2. The updated Terms will be published on the Website and will be effective immediately from their publication, except in relation to the already existing members in the Suppliers’ Portal at the date the updated Terms are published on the Website which raise objections in writing against the updated version of the Terms within 30 days as of their publication, for which the version of the Terms valid on the date of conclusion of the Contract by such members in the Suppliers’ Portal will be applicable. For the avoidance of any doubts, if the already existing members in the Suppliers’ Portal at the date the updated Terms are published on the Website do not raise objections in writing against the updated version of the Terms within 30 days as of their publication, it would be deemed that they agree with the updated Terms and such updated Terms will be applicable to them as well as of the date the 30 days term expires.

15. Applicable Law
15.1. The Contract and these Terms are interpreted in accordance with and are governed by the Romanian law.

16. Litigations
16.1. Any dispute arising from or related to these Terms or the Contract shall be resolved by amicable settlement. In case the amicable settlement shall not be possible, the competent Bucharest courts of law shall be competent to settle the dispute.

17. Final provisions
17.1. The information about the Services in the Website do not represent a firm offer to contract, as per the provisions of the Romanian Civil Code.
17.2. You cannot transfer in any way the rights and/or obligations resulting from these Terms and the Contract, totally or partially, without the prior written agreement of AHK.
17.3. By concluding the Contract, you undertake to perform your obligations according to these Terms and the Contract, irrespective of whether the performance of such obligations became more burdensome due either to the increase in the costs of performance of your own obligations or to the decrease in the value of the corresponding obligation of AHK and irrespective of whether the performance of the your obligations according to these Terms and the Contract becomes excessively burdensome due to an exceptional change of the circumstances from the date of the conclusion of the Contract and the you fully and irrevocably undertake the risk regarding the change of the circumstances existing on the conclusion date of the Contract and expressly and irrevocably waives the enforcement of hardship theory, as provided in art. 1271 paragraph 2 and paragraph 3 of the Civil Code, whose enforcement will be excluded in relation to you.
17.4. You are deemed in delay/default by law (de jure) regarding the fulfilment of your duties by the mere expiry of the terms instated by these Terms and/or Contract or by the applicable legal provisions for the fulfilment of any obligation under these Terms and/or Contract or under the legal provisions
17.5. You hereby represent and warrant by filling in and sending the registration form as per art. 3.1 and by concluding the Contract that you carefully and thoroughly read, analysed and assessed, with assistance from qualified advisers and experts these Terms and all the elements of the Contact (including the registration form) and that you agree with respect to each clause and to all the clauses of these Terms and of all the elements of the Contact, taking into consideration that some of these clauses might be deemed unusual standard clauses, as expressly defined by the Romanian legislation, particularly (but without limitation to) the provisions of the following articles of these Terms: 1.2, 2.2, 2.3, 2.5, 3.1, 4.1, 5.2, 5.2, 6.1, 6.2, 6.3, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 11.2, 12.1, 12.2, 12.3, 12.4, 13.3, 14.2, 15.1, 16.1, 17.1, 17.2, 17.3, 17.4.