HIGH-TECH SYSTEMS & SOFTWARE SRL, with registered office in Bucharest, Bd. Bucurestii Noi, nr. 25A, Sector 1, registered at the Trade Register Office attached to the Bucharest Law Court under nr. J40/4847/2012, Tax Identification Number RO 30126940 (“HTSS” or “the Company”) is the owner and developer of the website https://www.htsss.ro/ (“the Site”), which can be accessed via browser from desktop, laptop, mobile phones or other electronic devices and which allows HTSS to promote, under the law, the Dataklas solutions and the Company’s Services.
The Site allows interested parties (“User”) to find information about HTSS, HTSS partners, to consult the solutions and services provided by the Company and to consume the content published by the Company on the Site.
1.1.DATAKLAS: the range of solutions that HTSS offers for sale to Users, for the purpose of purchase by the Users. The Company reserves the right to modify the range of solutions at any time by adding new solutions or removing existing ones from the Site.
1.2.SERVICES: the services that HTSS can provide to the Users. The Company reserves the right to modify at any time the services offered by adding new services or by removing from the Site some of the existing ones.
1.3.USER: any natural person who accesses the Site to consult and to express their option / to purchase the Dataklas solutions and the Company’s Services, in their own name or as a representative of a legal entity.
1.4.PARTNER: the legal or natural person authorized or in another permitted form of organization, contractual partner of the HTSS, the details of which are displayed in the dedicated section.
1.5.PERSONAL DATA: any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identification element, such as a name, an identification number, location data, an online identifier, or to one or more specific elements, belonging to their own physical, physiological, genetic, mental, economic, cultural or social identities, within the meaning of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR”).
1.6.CONTENT: (a) all information on the Site that may be visited, viewed or otherwise accessed through the use of an electronic device; (b) the content of any email received by the User from an employee or collaborator in connection with the Site and all that is implied thereby, by electronic means and/or any other available means of communication; (c) any information communicated to the User by any means whatsoever by an employee or collaborator of HTSS, according to the contact information provided by the User; (d) information related to Dataklas solutions and Services; (f) data related to HTSS, the Site or its other privileged data.
1.7.NEWSLETTER: electronic way (e-mail) by which HTSS informs the Users, on a regular basis, about Dataklas solutions and HTSS Services. Users can subscribe to the Newsletter at any time by filling in the dedicated field with their e-mail address and clicking on the “Subscribe” button. Subscribed users can unsubscribe at any time by accessing the unsubscribe function at the end of each email.
- STATEMENTS AND LIMITATIONS
2.1. Access to and use of the Site constitutes the User’s acknowledgement and acceptance of these terms and conditions (“Terms and Conditions”).
2.2. HTSS will constantly and accurately update on the Site the Dataklas Solutions and Services data and any other information it deems necessary or useful.
2.3. The User understands that HTSS has the right to modify at any time the content of the Site without any prior notice and that HTSS cannot be held responsible for damages caused as a result of such modification.
2.4. The Users will have permanent access to the terms and conditions of use of the Site in order to consult them at any time. The Users have the obligation to constantly access and check the content of this document, the applicable version of this document being the one published on the Site on the date to which the User refers to.
2.5. HTSS declares that it has all necessary authorizations, approvals, qualifications and experience for the administration of the Site, as well as for the presentation and sale of the Dataklas solutions and Services.
2.6 Under no circumstances may the Site be used for any purpose other than that stated herein. The User understands and agrees that they will not interfere in any way with the Site in order to make unauthorised modifications/changes. Any such intervention represents a violation of the civil and criminal provisions in force, and the User is fully responsible for any damage caused.
2.7. The Site may make reference to subdomains/other web pages of HTSS or its Partners/external pages, the User having the obligation to check and become aware of the policies applicable to these subdomains/other web pages.
2.8. The User understands that HTSS has no obligation to verify, act and is not responsible for:
Ø the correctness or veracity of the data submitted by the User accessing the Site and/or expressing the option to purchase Dataklas solutions and Services;
Ø the content that is accessed by the User through the Site;
Ø the effect of the Site and Dataklas solutions and Services on the User;
Ø the interpretation or use by the User of the content of the Site and/or Dataklas solutions and Services;
Ø the actions the User takes as a result of accessing content on the Site or as a result of using Dataklas solutions and Services;
Ø the content or accuracy, copyright compliance, legality or decency of the material/information found on the links to other pages of the Site.
2.9 HTSS may, without any further notice or formality and without this requiring an explanation of its attitude, suspend or block the User’s access to the content of the Site or part of this content or stop sending the Newsletter, without owing the User any explanation or any compensation.
2.10. The Website is made available to Users “as is”, “with all faults” and “as available”. The Company does not expressly or implicitly guarantee the Site or Dataklas solutions and Services. The Dataklas Solutions and Services offered do not benefit from and do not give rise to any warranty, including any marketing warranties, satisfactory quality, fitness for a particular purpose or need. HTSS does not warrant that the result that may be obtained from the use of the Dataklas Solutions and Services will fall within the User’s requirements.
2.11. HTSS does not assume responsibility for interruptions in the functioning of the Site in order to carry out improvements, to maintain an optimal state of operation, the lack of operation of the Internet or other situations in which the Site cannot be accessed due to technical errors that are not under the Company’s control.
2.12. HTSS shall not be liable for any indirect, special, incidental or consequential damages resulting from the use of, or the inability to use, the Site.
III. PERSONAL DATA
- INTELLECTUAL PROPERTY RIGHT
4.1. The content of the Site, including but not limited to text, logos, stylized representations, buttons, commercial symbols, static images, dynamic images, multimedia content, software and other data, as defined in the definitions section above, is and remains the property of HTSS and/or its Partners and is protected by Law no. 8/1996 regarding copyright and related rights, with subsequent amendments and completions`, Law no. 84/1998 on trademarks and geographical indications, with subsequent amendments and completions, and Law no. 129/1992 regarding industrial designs and models, republished, as well as the Berne Convention and EU Directive 2019/790 regarding copyright and related rights in the digital single market, and any other high national and European provisions ensuring the protection of intellectual property and copyright.
4.2. User is not permitted to copy, distribute, publish, transfer to itself or third parties, modify and/or otherwise alter, use, link to, display, intervene in, manipulate, disassemble, reverse compile, reverse engineer, extract, replace, create derivative works from, or perform any other similar acts on sub-assemblies/embedded programs/software or Content, in general, the inclusion of any content outside the Site, the removal of the insignia that signify the copyright of HTSS and/or the Partners on the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of HTSS and/or the Partners.
4.3. Any use of the Content for purposes other than those expressly permitted herein is prohibited. The User understands and agrees that any use of the Content for purposes other than those permitted herein constitutes a violation of the legal provisions in force and shall give rise to civil, contravention and/or criminal liability.
4.4. If the User identifies any of the above actions, the User may contact HTSS at the e-mail address: firstname.lastname@example.org.
5.1 HTSS will keep confidential any information of any nature it receives. The disclosure of the information provided will only be possible under the conditions mentioned in these Terms and Conditions.
5.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the User regarding the Site and the contractual relationship with HTSS without its prior written consent.
5.3. By submitting information or materials through the Site, HTSS benefits from unrestricted and irrevocable access to them and the right to use, reproduce, display, modify, transmit and distribute these materials or information. The User also agrees that HTSS may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that it has sent to them via the Site. HTSS will not be subject to any obligations concerning the confidentiality of the information sent, if the legislation in force does not provide other specifications in this respect.
- FORCE MAJEURE AND ACT OF GOD
6.1. Neither Party shall be held liable for partial or total non-fulfilment or delay in the fulfilment of the obligations assumed, when the non-fulfilment or delay was caused by force majeure or act of God, if the conditions provided for in Article 1351 of the Civil Code are fulfilled.
6.2. The Party invoking force majeure or Act of God has the obligation to inform the other Party in writing within a maximum of 15 (fifteen) days from the date of the occurrence of the force majeure or Act of God or from the date of obtaining a document attesting the existence of force majeure from the Chamber of Commerce and Industry of Romania or from other competent authorities and has the obligation to take the necessary measures to limit its effects only if these measures are not too costly.
6.3. The Party claiming force majeure or Act of God shall also notify the other Party of the termination of the force majeure or Act of God within five (5) days of cessation.
6.4. In the event of Force Majeure or Act of God lasts more than 15 calendar days, either Party may terminate the Contract, by a written notification to the other Party, without the intervention of the court and without any obligation to pay compensation in this case.
VII. APPLICABLE LAW AND DISPUTE RESOLUTION
7.1. The use of the Site and the purchase of Dataklas solutions and Services are governed by Romanian law, which is supplemented where necessary by applicable European legislation.
7.2. Any dispute arising from the use of the Site shall be settled amicably, evidenced by written submissions. If the parties do not reach an agreement, within a maximum of 60 days from the occurrence, the dispute shall be definitively settled by the competent Romanian courts at HTSS headquarters.
7.3. Users, as consumers, may not waive their legal rights. Any contractual clauses that remove or limit the rights conferred by law to consumers shall have no effect on them.
ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF ANOTHER USER OR TO MODIFY THE CONTENT OF THE SITE OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE SITE RUNS SHALL BE CONSIDERED AN ATTEMPT TO COMMIT FRAUD AND WILL LEAD TO THE INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE PERSON OR PERSONS WHO ATTEMPTED TO DO SO.