I. GENERAL PROVISIONS
This website (www.cwechinox.com), hereinafter referred to as the „site” or the „website” or the „site www.cwechinox.com”, is operated by the company ECHINOX PROPERTY SERVICES S.R.L., having its headquarters in Bucharest, Romania, 40-44 Banu Antonache Street, Floreasca II Business Center Building, 3rd Floor, 1st District, ordering number at the Trade Register J40/6332/24.05.2011, CUI 28533585, by the company ECHINOX EVALUĂRI S.R.L., having its headquarters in Bucharest, Romania, 40-44 Banu Antonache Street, Floreasca II Business Center Building, 3rd Floor, 1st District, ordering number at the Trade Register J40/15453/29.12.2011, CUI 29499937 and by the company ECHINOX CAPITAL MARKETS S.R.L., having its headquarters in Bucharest, Romania, 40-44 Banu Antonache Street, Floreasca II Business Center Building, 3rd Floor, 1st District, ordering number at the Trade Register J40/15772/29.11.2016, CUI 36793489 (each and any of the companies hereinafter and/or in the site referred to as, together or separate, the „Company” or “we” or “us” or “Echinox”).
1.1. The information contained in this site is protected by the Romanian and/or international legal regulations.
1.2. The present terms and conditions (hereinafter referred to as the „terms and conditions”) are referring to the site cwechinox.com, are addressed, applicable and mandatory to any person accessing this site and/or any page from the site and/or that accesses and/or uses, in any way, any information from the site, totally or partially (hereinafter referred to as the „user” or „you”).
1.3. The present terms and conditions are establishing the terms and conditions for accessing and using the site cwechinox.com and of any information presented on the site. By site it is also understood any sub-pages and/or sub-sites of the site.
1.5. By accessing this site and/or of any page from the site and/or by accessing any information from the site, regardless the way of access and/or use, you agree and accept the terms and conditions, to be bound by the terms and conditions and all the terms and conditions to be applicable to you, having contractual value and being applicable as an agreement between you and the Company. If you don’t agree with the terms and conditions and/or if you don’t wish to fully respect the terms and conditions and/or if you don’t want to be bound by the terms and conditions, please don’t use this site in any way and in any manner.
1.6. It is possible that to access some sections and/or information the user has to create an account (hereinafter referred to as the „account”) and/or to provide some information. The user is exclusively liable for all the provided information to be accurate, complete and true, the Company being exonerated of any liability in such cases. The Company may deactivate an account and/or limit the access to some information and/or services in case the user is not fully and correspondingly respect the terms and conditions.
II. INFORMATION FROM THIRD PARTIES
2.1. The information contained in the site www.cwechinox.com, coming from and/or belonging to different content owners and/or other third parties, including without limitation any information related to any properties, are presented and provided “as is” without any undertaking, representation and warranty of any kind, expressed or implied, and/or any obligation and liability regarding the quality, accuracy, completeness or efficiency of such information.
2.2. The information presented on or through the website is made available solely for information and/or presentation purposes and is not representing any advice and/or recommendation for concluding any transaction. No information on the website represents/is meant to represent legal and/or financial advice, any user being obliged to realize his own analyse and/or evaluation – that will not be grounded only on the information from the site- in order to take a decision and/or to conclude a transaction, the Company being exonerated of any liability in such cases. For the sake of clarity, to the maximum extent permitted by the law, the Company does not assume and accept any liability, of any kind, for the information from the site.
III. PERSONAL DATA PROCESSING
3.1. By accessing this site and/or of any page from the site and/or by accessing any information from the site, regardless the way of access and/or use, by creating and accessing the account, you expressly, unequivocal and unconditional agree that the (personal) data and/or the information you provided, including with the occasion of creating and/or modifying the account, to be included in the data base of the Company and processed, according with the legal regulations in force, in order to provide you any (requested) information and/or services, settlement of any claims and/or requests, for any other purposes for which the data and/or the information were provided, for informing the user about the situation of the account, for advertising, marketing and publicity, during the period the user has an account, during the period the period you are the client of the Company and/or user, and also after such periods, to the maximum extent permitted by the legal regulations in force, as the case may be, and that you will receive unsolicited communications, by using some automated systems of communications that require no intervention of a human operator, by fax or electronic post or any other method, including the ones using electronic communications systems for the public, for advertising, marketing and publicity.
3.2. All the users’ rights regarding the persons’ protection in relation to the personal data processing and the free circulation of these data are respected (for example the right to information, to access their own data, to intervene on the data, the opposition right, the right not to be subject of an individual decision, as well as the right to address in court of justice). To exercise these rights, the users must forward to the Company a written request, with date and signature, deposing it at the Company’s headquarter, except for the case when the law expressly indicate another procedure. Upon user’s written request, dated and signed, forwarded to the Company, the later one undertakes to confirm to the user, free of charge, for a request per year, if it process or not his personal data and/or to rectify, update, block, delete or transform in anonym data, free of charge, the data whose processing is not according to the provisions of the Law no. 677/2001, mainly the incomplete or no accurate data and/or the user has the right to oppose at any moment, due to grounded and legit reasons related to his particular situation, that the data about him to be the object of a processing, except for the case when there are contrary legal provisions.
3.3. Personal data of the users are protected according to the legal regulations in force for confidentiality and security of data processing.
3.4. In case the user is not providing some data and/or information, it may be possible not to correspondingly receive (all) the (requested) information and/or services.
4.1. Accessing and/or using the site does not offer to the user and neither it will be interpreted as transmitting or offering any right to the user regarding the information he accesses and/or uses.
4.2. All the rights on the site and on the content of this site (hereinafter referred to as the „content”), including without limitation the copyrights or the trade marks, are the property of the Company or they belong to other owners of content or other third parties and by the present terms and conditions there is not granted any right to the user to use any trade mark or other logo or other type of content, regardless of its nature, that is found on the site. Consequently, it is necessary the Company’s and other owners of content/third parties consent for using any content. In case that the content belongs to other owners of content/third parties, the Company is not liable in any way for this content and the user acknowledges the fact that it is possible that the Company not to have done any verification regarding the content.
4.3. The Company does not assume any liability and does not accept any responsibility, of any kind, for the content and/or the terms and conditions for using any site, regardless of its nature, including these sites from where it can be accessed the site www.cwechinox.com or that can be accessed through the site www.cwechinox.com.
4.4. To the maximum extent permitted by the legal regulations in force, the Company cannot guarantee that it can assure at all time and in all cases the confidentiality of the communications through this site; Internet communications are not secure and that’s why the Company does not assume any fault and does not accept any responsibility, of any kind, for the content, fullness and accurateness of the information contained in the internet communications and neither for any damage, of any kind, caused by the viruses. Also, the Company does not guarantee that the site cannot be affected by the viruses or by other actions that may generate dysfunctions or losses and it does not accept any liability for these. The Company does not guarantee that the information on the site cannot have errors or omissions, but the company shall do its best to correct all the errors and omissions after the Company acknowledges them. The Company cannot guarantee the uninterrupted work of the site. The Company does not guarantee that the site, the servers hosting the site, or the emails sent from the Company are without viruses or other informatics components with potentially damaging character. The information included in the site has an informational character and the user uses the site at his own risk, the Company being exonerated from any liability.
4.5. The information contained in the site www.cwechinox.com cannot be copied, downloaded, modified, transferred, distributed, republished, reproduced or transmitted, in any form and/or by any means, totally and/or partially, without the prior written consent of the Company.
4.6. Up to the maximum extent permitted by the legal regulations in force, the Company shall not be liable and neither it will assume any fault nor accept any responsibility for any kind of losses and/or damages and/or prejudices, regardless of their nature, brought by and/or resulted from using the information contained in the site www.cwechinox.com and/or by disregarding the terms and conditions.
4.7. The user and the person in the name and/or for whom the user acts, has the obligation of defending and indemnify the Company from and against any claims and/or actions in the court of justice, resulting from breaching some intellectual property rights or other protected rights, and/or any damages, costs, taxes and expenses of any nature, regarding or in relation with the use of the information contained in the site www.cwechinox.com and/or by disregarding the terms and conditions.
4.8. The information contained in the site www.cwechinox.com and/or in the terms and conditions can be modified without prior notice. It is your obligation that every time you access the site and/or any page on the site and/or access and/or use in any way, any information from the site, to check if the information contained in the site www.cwechinox.comand/or in the terms and conditions, has been modified. Certain provisions of the terms and conditions can be replaced, modified and/or circumstantiated by certain provisions being on different pages of the site and the other way around or they can be related to those and that’s why you should verify all information contained in the site www.cwechinox.comand/or in the terms and conditions, at any time you access the site and/or any page of the site and/or access and/or use in any way, any information from the site. By accessing the site and/or any page of the site and/or by accessing and/or using, in any way, any information from the site, regardless of the way of use, after making the modifications previously mentioned, you agree with and accept that all the terms and conditions apply to you, as they have been modified. Any modification produces effect from the date of its publication on the site.
4.9. The user has no right to create links to the site without the previous agreement of the Company.
4.10. The Company reserves the right, at his own discretion, to limit or cease the total and/or partial access to the site and/or content, without notice or other obligations.
4.11. The communication sent by the Company may be private and confidential, it may be proprietary copyrighted, legally and/or otherwise protected, including against disclosure, and only intended for the addressee(s) and others authorized persons to receive it. If you are not the intended recipient you are hereby notified that any disclosure, transcription, distribution or any other use of such communication and/or the initiation of any action based on the content of any information from such communication it is strictly forbidden and may be illegal. If you are not the intended recipient you are hereby notified to delete immediately the communication and any attached files, not to open, copy, keep or use them in any way, for any purpose, not to disclose them, totally or partially, and we ask you to notify the Company immediately by returning such communication.
4.12. It might be possible that the users make and/or send any comments, reviews, ratings and other communications, suggestions, questions or information, solely in specific sections from the site and to the extent permitted in such section (any and all hereinafter referred to as the „user contribution or “user content” or “user information”) if their language is civilized and their content is not illegal, obscene, threatening, defamatory, offensive, is not affecting in any way the private life of any person and/or is not containing viruses. The users must assure that the user information introduced by them: i) is real, correct, is no misleading, is according to the legal regulations in force, does not violate the copyrights, trademarks, licenses, intellectual property rights and any other rights of any person(s); ii) is not containing any advertising materials; iii) is not the property of any third parties and is not confidential.
4.13. You, and not the Company, are responsible for any user contributions you post on the website and the Company does not assume any liability and does not accept any responsibility, of any kind, for the user.
4.14. By providing any user contribution on the website, you grant to the Company a royalty-free, unrestricted, worldwide, perpetual, non-exclusive, irrevocable and fully transferable, assignable and sub-licensable right to use, reproduce, modify, display, distribute and otherwise disclose to third parties any such information.
4.15. The Company reserves the right, without fulfilling any previous formality, to: (a) remove or refuse to post any user contribution for any reason; and/or (b) take any action with respect to any user contribution that we deem necessary or appropriate, including if the Company believes that such user contribution violates the terms and conditions, infringes any intellectual property right or other right of any person or entity or could create liability for the Company; and/or (c) disclose user identity or other information about user to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and/or (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the site; and/or (e) deactivate the account of the user and/or (f) terminate or suspend your access to all or part of the site for any reason, including any violation of these terms and conditions.
4.16. However, the Company does not undertake to review all user contributions before there are posted on the site, and cannot ensure prompt removal of objectionable user contributions after it has been posted.
4.17. Except otherwise expressly mentioned on the website, no information on the website may be interpreted that the Company may offer in any way any kind of legal and/or financial advice and/or services and the Company is not liable in any way for the conclusion of any document by the user or entering any legal relationship by the user.
4.18. Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services obtained through the website are provided on an “as is” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. The Company disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. These disclaimers do not affect any warranties which cannot be excluded or limited under applicable law.
4.19. In no event will the Company or any persons associated with the Company be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data. These limitations do not affect any liability which cannot be excluded or limited under applicable law.
V. COOKIES POLICY
5.4. This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ. We use adverts to offset the costs of running this site and provide funding for further development.
The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.
5.5. In some cases, we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.
5.6. Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However, if you are still looking for more information than you can contact us through one of our preferred contact methods.
VI. FINAL PROVISIONS
6.1. No waiver by the Company of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
6.2. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the terms and conditions will continue in full force and effect.
6.3. This site may be accessed from Romania and any other country in the world. The Company makes no warranty or representation that the content of the website shall be in accordance with any other laws, of any other countries outside Romania. You are solely liable to respect any laws from any applicable jurisdiction.
6.4. To the maximum extent permitted by the law, any dispute, controversy, litigation or claim arising out of or in connection with the terms and conditions, the site and/or in relation with accessing and/or using this site and/or of any page from the site and/or any information from the site, regardless the way of access and/or use or otherwise in relation with this site will be solved by the competent courts in Bucharest that will have exclusive jurisdiction, according with the Romanian law, excluding the possibility of referring the law conflicts.
6.5. In all cases the user is liable for full and complete understanding of all information from the site.
6.6. The Company is not liable for the capacity and skills of the user to access and/or use the site and neither for any results of such actions. The user guarantees that he has the legal capacity requested by the law to access and/or use this site and to respect the terms and conditions.
6.7. The user guarantees that will not access and/or use this site for illegal purposes.
6.8. The Company may use the email addresses provided by the users in any way, in order to send information in relation with different properties, products and/or services. The users have the right to oppose to such use, when providing the email addresses and also at receiving any communication, in case the user didn’t initially oppose to such use.
6.9. By accessing this site and/or of any page from the site and/or by accessing any information from the site, regardless the way of access and/or use, you agree and accept any provisions that may be unusual and you agree with communication by email for any communications with the Company. Electronic communications are full means of proof regarding the juridical reports between the parties and the communications between them.
6.10. The terms and conditions constitute the sole and entire agreement between the user and the Company with respect to the site and supersede all prior understandings, agreements, representations and warranties, both written and oral.