TERMS AND CONDITIONS

These Terms and Conditions (the “Agreement”) set forth the general terms and conditions for your use of the encorsa.ro website (“Website” or “Service”) and any associated products and services (collectively, the “Services”). This Agreement constitutes a legally binding contract between you (“User,” “you,” or “your”) and Encorsa HQ (“Encorsa HQ,” “we,” “us,” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case “User,” “you,” or “your” shall refer to that entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement constitutes a contract between you and Encorsa HQ, even though it is electronic and not physically signed by you, and it governs your use of the Website and Services.

 

 

LINKS TO OTHER RESOURCES

 

While the Website and Services may link to other resources (such as websites, mobile applications, etc.), this does not imply any endorsement, association, sponsorship, approval, or affiliation with any linked resource unless expressly stated. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We assume no responsibility or liability for any third parties’ actions, products, services, and content. You should review the legal statements and other conditions of use of any resource you access through a link on the Website. Linking to any external resources is at your own risk.

 

 

PROHIBITED USES

 

In addition to other terms set forth in the Agreement, you are prohibited from using the Website, Services, or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Services, third-party products and services, or the Internet; (h) for spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity with respect to copyrights and related rights, trademarks, designs, patents, goodwill, and the right to sue for misrepresentation, invention rights, rights to use, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for, be granted, and claim priority from such rights, and all similar or equivalent rights and forms of protection and any other results of intellectual activity existing now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Encorsa HQ or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Encorsa HQ. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Encorsa HQ or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Encorsa HQ or third-party trademarks.

 

 

INDEMNIFICATION

 

You agree to indemnify and hold Encorsa HQ and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or related to your Content, your use of the Website and Services, or any willful misconduct on your part.

 

 

SEVERABILITY

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the intention of the parties is that the remaining provisions or portions thereof shall constitute their Agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

 

DISPUTE RESOLUTION

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Romania, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Romania. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Romania, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

 

MODIFICATIONS AND AMENDMENTS

 

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time at our discretion. When we do, we will post a notification on the main page of the Website. We may also provide notice in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon posting the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

 

 

ACCEPTANCE OF THESE TERMS

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

 

CONTACT US

 

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

 

office@encorsa.com

 

This document was last updated on March 13, 2024.