Termeni si conditii
Effective from: [01.05.2018]
Last update: [01.05.2018]
Terms and Conditions
Welcome and thank you for using Condica Online application hereinafter referred to as "Condica Online" or the “App”. The term "Condica Online" includes also the newsletter or email messages transmitted by the company. Use of Condica Online is subject to a Contract between you (“You”), a natural person and S. C. ESSENSYS SOFTWARE S.R.L. Also the use of the App should be referred to as the Service.
The Terms and Conditions are valid from the moment you start using and/or registering with Condica Online. Continuing to use Condica Online is the confirmation that you agree to be bound by the terms and conditions detailed below until the date of the occurrence of a termination event (Date of Termination). If you do not accept these terms and conditions you will not be able to register or use Condica Online or to use the services offered by S. C. Essensys Software S.R.L..
It is advised to print and retain a full copy of the present Terms and Conditions for any future references.
Simultaneously the present Terms and Conditions are subject to change from time to time, thereupon you are advised to regular refer back to the present articles.
1.1 Condica Online is owned, managed, operated and maintained by S.C. ESSENSYS SOFTWARE S.R.L. (hereinafter referred to as the “Company” and/or “We”), a Company registered in Romania, having its registered office at 16 Copilului Street, 2nd Floor, Bucharest, District 1, Zip: 012177 Trade Register Number J40/5499/2005 and VAT Code RO 17393982.
S.C. ESSENSYS SOFTWARE S.R.L.
Headquarter: Romania, Bucharest
16 Copilului Street, 2nd Floor, 1st District, Zip: 012177
Contact: e-mail: email@example.com
VAT Code: RO 17393982
Registration number: J40/5499/2005
1.2 You are a natural person acting in its personal, commercial or professional purpose having over 18 year of age and in full legal capacity (hereinafter referred to as “You” and/or the “User”).
2. About Condica Online
2.1 Condica Online is designed for timekeeping for a company's employees.
3. The use of Condica Online
3.1 In order to use the App You must become a registered User (User Content and activity in the App shall be referred to as the “Account”) (hereinafter referred to as the “User”).
3.2 We are entitled at our own discretion to suspend Condica Online at any time and for any reason, including but not limited to maintenance, bug fix, update and/or upgrades and shall not be liable to You for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App.
3.3 We also have the right to make any changes including any functionality, features, design, source code and any kind of related content therein or to discontinue any functionalities without any notice.
3.4 The use of Condica Online is free-of-charge. Nevertheless some features or future features may require a paid subscription (in-app purchase). However, the services needed to access or use the App, such as internet service, mobile internet services or services needed to access computer or any other devices linked to the internet are not provided by our Company and may involve conclusion of such agreements with third party suppliers as well as the payment of certain fees to the respective suppliers. Although our Company will take all reasonable steps available in order to provide You a good level of service, You acknowledge and agree that S.C. Essensys Software S.R.L. does not warrant that Condica Online shall be uninterrupted or fault-free at all times – therefore our Company shall not be for any reason liable in any way for any losses You may suffer as a result of delays, failures or damages.
4.1 In order to use Condica Online You will need to complete our registration form and set up a new account as a User.
4.3 When you register a new account, You may not use a phone number or an e-mail that belongs to another person, which can be interpreted as belonging to another person, violates the intellectual property rights or other rights of a person, which is offensive or immoral.
4.4 By providing and registering your details You warrant that You are legally capable of entering into binding agreements and You are at least 18 years old, including the situation in which the actual User of the App is of less than 18 of age, in which case You confirm that You are their legal guardian.
4.5 You have the obligation to notify us immediately if You suspect any unauthorized use of your account or any other breach of security related to your account.
4.7 S.C. Essensys Software S.R.L. is reserving the right to accept or reject your application to register for any reason and suspend your account and/or refuse your access to our App if You breach any of the provisions hereunder.
4.8 S.C. Essensys Software S.R.L. does not assume liability for loss or damage resulting from your failure to comply with any of the obligations within this Terms and Conditions.
5. Abuse Notification
5.2 Following receipt we will analyze your notification and take all the measures which we deem necessary.
6. Conclusion and Termination
6.1 You may terminate your agreement with our Company by contacting us at any time at firstname.lastname@example.org
6.2 Also, our Company shall be entitled at its own discretion to discontinue Condica Online, delete any Account and delete all the content at any time (including your Content) and for any reason. In such event We will notify You not less than 30 days prior to discontinuing Condica Online. Within the 30 days You should ensure that You take all the necessary measure in order to save/copy/back-up all your Content inside the App.
6.3 We may at our own discretion terminate your Account for any reason or no reason at all.
6.4 Any of the events described above that lead to your Account being terminated shall be referred to as a Termination Event.
7. App Usage
7.1 The Users may register their cards with Essensys so that they may be charged for services based on actual work and backed up with invoices.
7.2 You agree that You are solely responsible and liable for all activities carried out by your use of the App or in connection with App usage.
7.3 You understand and agree that You shall not commit credit/debit card fraud.
7.4 The charges will be carried out after the requested work was done.
7.5 You shall not use hacks or any other unauthorized third party software in order to modify, interfere or reverse engineer the App.
7.12 You understand and agree that:
- You shall not cause damage or harm to any person using the App;
- You shall not infringe any rights of any third parties;
- You will comply with all terms and policies;
- You will comply with all securities measures or other checks or requests of information made by our Company;
- You will use the information and the content made available to you on the App at your own risk;
7.13 In the event of any dispute with any other user, You hereby release our Company from any claims, demands and damages of any kind and nature, known and unknown, arising out of or in connection with such dispute.
8. Warranties and Liability
8.1 To the maximum extent permitted by the applicable laws, Condica Online is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, direct, indirect, incidental or consequential damages arising out of the use, possibility of malfunction, errors, omissions or other inaccuracies of the App or of the content provided therein, including viruses, bugs, cyber-attacks or other.
8.2 If our Company fails to respect these clauses shall be entitled to be given a reasonable opportunity to fix any errors and to complete its obligations hereunder.
8.3 Our Company shall not be liable for losses that result from its failure to comply with these clauses that fall into the following categories:
- Loss for moral injury
- Loss of contracts;
- Loss of opportunity or expectations;
- Loss of savings or anticipated savings, interest or production;
- Loss of profits, income or revenue;
- Loss of management;
- Loss of data;
- Loss of opportunities;
- Loss of reputation;
- Consequential, indirect or special losses;
8.4 The Company does not exclude liability for situations for which liability may not be lawfully excluded, respectively for bodily harm or death, if we did not take diligence to warn of the possibility for such situations to occur. Liability is excluded however if You were aware, were otherwise informed or could have reasonably been expected to know that such harmful situations may happen.
8.5 The Company does not in any way participate nor shall it be liable in any way for whatever reason for any transaction fraud.
8.6 In any case in which liability of the Company shall be established and only following a final and unappealable court order, the Company liability shall be limited to no more of the financial benefit (profit of the Company) that can be reasonable attributed according of a judicial expert (certified accountant) to the Use of the App by the User.
8.7 Also You agree and understand that You must indemnify the Company for any direct or indirect damage, actual or arising from lost benefits, including loss of image or income, caused to S.C. Essensys Software S.R.L. by the breach of this agreement by You or the people who have access to Condica Online through your device.
9. Intellectual Property Rights
9.1 S.C. Essensys Software S.R.L. and its licensors or collaborators own all the Intellectual Property Rights to Condica Online, including but not limited to trademarks, logos, names, source codes, databases, UI/UX design and any and all author rights and neighboring rights related or included in Condica Online.
9.3 You undertake and declare that You will not reverse engineer, copy, edit, transmit, upload, incorporate into any other material the App or any others parts of the App, of the source code, database, logo, image.
9.4 Provided that our Company is unaware of any infringement of any third party intellectual property rights at the time you submit any content – our Company shall not be liable in any way to You or any third party for any breach of such rights.
9.5 Your copy of Condica Online is licensed non-exclusive not assigned or sold. S.C. Essensys Software S.R.L. retains ownership of the copyright, title and ownership of the software and any accompanying written materials. The software including all of his parts is protected by Law No. 8 from 1996 - Author Rights and Neighboring Rights and any international treaties applicable herein.
10. Data Protection
11. Force majeure
11.1 Force majeure is an unpredictable event, outside the control of the parties and which cannot be avoided. We cannot be held responsible, directly or indirectly, for reasons that do not depend on the will of our Company. This disclaimer includes also, but is not limited to: errors running technical equipment used for the operation of the App, the absence of internet connection, lack of functioning of telephone connections, computer viruses, unauthorized access to the App systems, operating errors etc.
11.2 A force majeure event includes also any strikes or other industrial action; civil commotion, riots, invasions, terrorist attacks or threat of terrorist attacks, war – declare or not; fire, explosion, storm, flood, earthquakes or any natural disasters; impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government.
11.3 The Company and the App performance under these terms and conditions is deemed to be suspended for the period of the force majeure event and shall have an extension of time for performance for the duration of that period.
12. Complaints Notification
12.1 If you believe and/or You have any reason to believe that any of the clause herein have been breached or you have a reasonable complaint, please let us know at [email@example.com]. All notification and communication should be sent to the contact details provided herein or in the specific page.
13. General Provisions
13.1 If the Company fails to exercise any of the rights or remedies to which it is entitled under this agreement, this will not constitute a waiver of any such rights or remedies and shall not relieve you from complying with such obligations.
13.2 Nevertheless, in the case of derogation, any waiver of any of these clauses shall not be effective unless it is expressly stated to be a waiver and is communicated to You in writing. For clarity purposes, in writing shall be deemed to include also e-mail communication.
13.3 Our Company reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these clauses.
13.4 If any of the clauses is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
13.5 These terms and conditions represent the entire agreement between you and S.C. Essensys Software S.R.L. and shall supersede any prior agreement, understanding or arrangement.
13.6 Our Company reserves the right to amend these terms and conditions without prior notice to You, subject always that such amendments shall be notified to you following such amendment.
13.7 These terms and conditions are governed by and construed in accordance with Romanian Law. The courts of Romania shall have exclusive jurisdiction over any dispute arising out of this agreement.
Thank you for using Condica Online!