Agreement

 

The present Agreement establishes the terms and conditions that govern the relationship between Prokuria and you, to which you agree, and by which you will be legally bound, when, as a guest or registered, you will be using, visiting, and/or accessing any information or functionality whatsoever from Prokuria (the Website).

Prokuria is a S.R.L. incorporated under the Romanian Law, based in Bucharest, with company number J40/13198/2016, CUI: 36609013, and registered office at 11, Aleea Ianca, Bl. V17, ap. 26, postal code: 032161.

By accessing or using the Website, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Website and any further upgrade, modification, addition or change to this Website. If you do not accept all the terms and conditions of this Agreement, please do not use this Website.

Any amendments to the present Agreement shall be effective immediately by posting on the Website and by e-mail notification to all Registered Users. This Agreement may not otherwise be modified.

It is also your responsibility as a User to check the Agreement periodically for changes. Your continued use of the Website following the posting of any changes to the Agreement constitutes acceptance of and agreement to those changes.

Services

You agree that in no event shall Prokuria be liable to the User or any Third Parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.

You may use this Website solely for your own personal or internal purposes. You shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website for the purpose of re-selling, re-distributing or re-publishing the Website’s content, mass mailing, operating a business that competes with Prokuria, or otherwise commercially exploiting the Website’s content.

The use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Some of the content displayed on this Website is provided or posted by Third Parties and not by Prokuria. Prokuria shall not be held liable for the accuracy, propriety, lawfulness or truthfulness of any Third Party content. Prokuria shall not be liable to any User in relation with such User’s reliance of such Third Party content.

The responsibility for the content provided by any Third Party content rests entirely with the respective party. Prokuria shall not be liable for any Third Party content published on the Website.

You should assume that all materials presented on the Website are protected by copyright, trademark and other intellectual property and proprietary protections. Any use of the materials or information presented on the Website without appropriate license or attribution may trigger the liability for violation of intellectual property laws. Nevertheless, Prokuria may not be held liable for unauthorized use of materials or information appropriated from the Website.

 

Registered Users

You must follow the registration form from the Website, available at https://app.prokuria.com/authentication.html#/register  to become a Registered User. You declare that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Prokuria and its affiliates during the registration process is true, accurate, current and complete.

To post information on the site you must be a Registered User.

The liability for any information/content submitted to Prokuria or any information/content transmitted to any Third Party through the Website lies entirely with you.

When registering as User, your personal data shall be included in our Database. Upon registration, you authorize Prokuria and its affiliates to share your personal data with other Users.

Prokuria reserves the right in its sole discretion to restrict or deny service to any User or to terminate its account at any time with or without notice to you for whatever reason in order to protect the interests of Prokuria or its Users.

Immediately upon such termination, you will have no further right, title or interest in or to the Website or any part thereof.

Prokuria reserves its right of publishing the records of a breach on a site, should the Registered User be in breach of any provisions of this Agreement or other terms, rules and policies for uses of any services of the Website.

In case of any breach that involves dishonest, fraudulent or other activities of similar nature, Prokuria reserves the right to disclose the records of such breach to its affiliates and to request such affiliates to impose limitations on, suspend or terminate all or part of the services provided to the Registered User. Prokuria also reserves the right to take any other remedial actions such as to publish the records of such breach on the websites operated by or controlled by www.prokuria.com’s affiliates.

For any material or information posted on the Website or provided to www.prokuria.com, or displayed by Prokuria under authorization from the Registered User, each User declares, warrants and convenes that it is in possession of all necessary Third Party copyright, trademark, trade secrets or patent licenses and permissions, and/or of any such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any Third Party (including but not limited to rights of personality and rights of privacy).

Each User hereby declares, warrants and convenes that it will bear the entire responsibility for ensuring that any material or information it posts on the Website or provides to Prokuria or authorizes prokuria.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.

Each User hereby declares, warrants and convenes that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site. Each User hereby declares, warrants and convenes that the manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.

Each User hereby declares, warrants and convenes that the information submitted to Prokuria for display on the Website shall not:

  1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items the sales and/or marketing of which is prohibited by any applicable law, or otherwise promote any other illegal activities;
  2. be used for any other unlawful purpose or be used to defraud other Users of the Website, as part of a scheme to this end;
  3. relate to sale of products or services that infringe or otherwise support or encourage the infringement or violation of any Third Party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party rights;
  4. impersonate any person or entity, misrepresent any Registered User or any Registered User’s affiliation with any person or entity;
  5. come against any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  6. be defamatory, slanderous, unlawfully threatening or harassing;
  7. be obscene or contain or relate to pornography or sex-related merchandising or any other content or otherwise promote sexually explicit materials or materials that are, in any way whatsoever, harmful to minors;
  8. promote discrimination based on race, gender, religious beliefs, ethnicity, nationality, disability, sexual orientation or age;
  9. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), can be deemed as privacy invading or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
  10. solicit business from any Users in connection with a commercial activity that competes with Prokuria;
  11. is destructive or can contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating to unauthorized Third Parties any software or hardware system, data or personal information;
  12. link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
  13. induces in any way or leads to the possibility of any liability for Prokuria or its affiliates.

Upon its sole discretion, Prokuria may remove any material displayed on the Website which may reasonably deemed or in view of which Prokuria may reasonably believe is unlawful, could subject Prokuria and its affiliates to liability, violates this Agreement or is otherwise found inappropriate in Prokuria’s opinion.

 

General Provisions

You hereby agree to receive from Prokuria communications including notices, agreements, legally required disclosures or other information in connection with the Website (hereinafter collectively called “the Notices”) via electronic means. Prokuria may provide such Notices by posting them on the Website or at the email address registered with Prokuria. If you do not wish to receive Notices electronically, you must discontinue your use of the Website.

This Agreement constitutes the entire agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous documents, negotiations and drafts of such Parties with respect to such subject matter, whether written or verbal.

The provisions of this Agreement may be waived, terminated or discharged only upon the written consent from Prokuria, expressed at any time and upon its sole discretion. No interruption or cessation from the part of Prokuria of the performance of any of the terms or conditions contained in this Agreement and/or to exercise any right hereunder, may be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such rights.

Any failure to perform of any obligation undertaken in respect of this Agreement shall not be held against the faulty Party for its failure to perform or for any loss or damage, in case it had causes beyond the reasonable control of that Party.

No provision of this Agreement and neither the Agreement as a whole may be construed as creating or constituting a partnership, joint venture or agency relationship between the Parties. To avoid any doubt, neither Party has the power or authority to assume or create any obligation or responsibility on behalf of the other Party hereto.

This Agreement will be governed by and construed and interpreted in accordance with Romanian Laws. The exclusive jurisdiction and venue of any action related to this Agreement will be the Bucharest Courts of Law.

 

Transactions between Buyers and Suppliers

The Website provided by Prokuria represents an electronic web-based platform for exchanging information. Prokuria declares that it does not act either as seller or buyer in any specific transactions that may be concluded on the Website.

Prokuria does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the Website.

Prokuria hereby declares that it cannot and does not confirm each Registered User’s purported identity and therefore the Users are hereby informed that there may be risks of dealing with people acting under false pretences.

Each User acknowledges fully the risks of transactions conducted through the Site, and that it fully understands the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website.

Prokuria (including its agents, affiliates, directors, officers and employees) cannot be held liable by any User involved in a dispute with another party to a transaction for any claim, demand, action, proceeding, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

 

Limitation of Liability

In case of any damage caused to any User’s computer system, or should any User lose data as result of downloading or obtaining any material through the Website, Prokuria shall be held free of any liability, as such operations shall be made at the sole discretion and on the sole responsibility of the User.

Under no circumstances shall Prokuria be held liable for an delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of Third Parties.

Each User hereby further agrees to indemnify and keep Prokuria, its affiliates, directors, officers and employees free from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may result, directly or indirectly, from any claims asserted by Third Party Rights claimants or any other Third Parties relating to products offered or displayed on the Site.

Each User hereby further agrees that Prokuria is not accountable and shall have no liability to it, for any material posted by other Users or any other Third Party, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.

Prokuria shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

  1. the use or the inability to use the Website;
  2. any defect or flaw in goods, samples, data, information or services purchased or obtained from a User or a Third Party service provider through the Website;
  3. violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorized access by Third Parties to data or private information of any User;
  5. statements or conduct of any User of the Website.

 

Intellectual Property Rights

Prokuria is the sole owner or lawful licensee of all the Site-related rights, as well as of the Website Content. Both the Website and the Website Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and Website Content shall remain with Prokuria, its affiliates or licensors of the Website Content, as the case may be. All rights not otherwise claimed under this Agreement or by Prokuria are hereby reserved.

 

Privacy Policy

It is the policy of Prokuria to respect the privacy of each person or entity using our products and/or services (each one of them being called hereinafter “User”).

All Users shall be informed on this Privacy Policy, with respect to our policies and procedures regarding the collection, use and disclosure of personally identifiable information we receive at Prokuria when Users visit and use our website and which can be used to contact or identify a User (“Personal Information”).

This Privacy Policy applies only to information that Users provide to Prokuria through the Website or that is automatically collected when Users access, download, purchase or use any information, services, products or content appearing on the Website.

When you register to become a User or otherwise utilize the Website, you may submit personal information. Personal information may include, but is not limited to, your name, phone number and e-mail address (“Personal Information”). Prokuria may also collect Personal Information from you if you choose to opt-in to participate in applications, surveys or contests.

In conducting their operations, Users acting as Buyers may search and view certain information about other Users, acting as Suppliers, on the Website, including each Supplier’s company name, logo, location, URL, description, product/service offerings, and primary contact name. When you register as a Supplier on our Website, you consent to such disclosure. Personal Information is also used (1) to provide and improve our services, features and content, (2) to administer your use of our services and your Prokuria account, (3) to enable you to enjoy and easily navigate the Website, (4) to better understand your needs and interests, (5) to fulfil requests you may make, (6) to personalize your experience, (7) to provide service announcements and (8) to provide you with further information and offers from us or Third Parties you may find useful or interesting, including newsletters, marketing or promotional materials and other information on our services.

Prokuria may employ Third Party service providers to provide services on its behalf or to perform services related to administration of the Website (including, without limitation, maintenance, hosting and database management services, web analytics, payment processing and administration). Such Third Parties may have access to User Personal Information and are under the obligation not to disclose or use User Personal Information for any other purpose.

Except as otherwise provided elsewhere in this policy, Prokuria will not disclose User Personal Information obtained through the Website to Third Parties other than service providers, affiliates, vendors and business partners.

We will disclose User Personal Information in order to:

  1. cooperate with law enforcement authorities or comply with legal process served on Prokuria or any such service provider, affiliate, vendor or business partner;
  2. protect the property and rights of Prokuria and of its service providers, affiliates, vendors and business partners;
  3. protect the safety of the public or any person;
  4. prevent or stop any activity we may consider to be, or to pose a risk of being illegal, unethical, inappropriate or legally punishable;
  5. complete, as permitted by law, a business sale, asset transfer, merger, acquisition or reorganization; or
  6. remedy or debug problems with the Website servers, software or service.

By registering with the Website, you agree that we may provide any of the information we have collected from you in a non-personally identifiable form to advertisers, merchant partners, and/or other Third Parties, allowing such Third Party to select the appropriate audience for advertisements and/or offers.

Prokuria informs that during any use of our Website by any Registered User, our servers automatically record information that the browser sends whenever it points to a Website or online service.

We may share aggregated information that includes non-identifying information and Log Data with Third Parties for industry analysis, demographic profiling, and to deliver targeted advertising about our products and services.

Even if a Registered User chooses to deactivate its account, Prokuria may need to retain an archived copy of the User’s records as required by law or for legitimate business purposes.

Our Website may contain advertising or other content that is linked to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other Third Parties.

Prokuria cannot be held liable and makes no endorsement of or any representations in regard of the information, privacy or other practices of any website that is linked to the Website.

If you have any questions or complaints regarding this Agreement, please contact us at office [at] prokuria.com or at +40 371 066 786.

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