Termeni și condiții de utilizare

Data ultimei actualizări: 03-11-2022

A. INTRODUCTION

These terms and conditions (together with the information and policies contained on the website pages and any other documents referred to in these terms and conditions) ("Terms and Conditions") set out the legal contractual terms that apply to your use of our website speedometer.ro ("Site"), their subdomains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, "websites" and "Website" being a reference to any of them) and the other services we provide ("Services").

Please read these Terms and Conditions carefully and make sure you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions.

If you do not wish to accept these Terms and Conditions, you will not be able to use the Services and you must leave the Website immediately.

Your continued use of the Website or ordering of our services constitutes your acceptance of these Terms and Conditions.

You must be over 18 years of age to use the Services.

The products and services described in this site, the content and design, the brands or logos presented, are the exclusive property of CREDIT SKY, they cannot be reproduced or used by another third party, and the reproduction and use of the content for purposes other than personal is prohibited , under the sanction of the applicable legislation.

CREDIT SKY may change the content and/or structure of the website and the Application at any time and without any prior notice.

CREDIT SKY does not assume responsibility for any erroneous, incomplete or altered information, by any means, by third parties and is not responsible for any direct/indirect damages incurred/claimed by third parties as a result of using the information contained in this website.

The activity on the web page speedometer.ro is carried out in accordance with Law no. 365/2002 on electronic commerce.

B. DEFINITIONS

When certain words and expressions are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with a capital letter (even if they are not at the beginning of a sentence). Where a defined term is used, it has the meaning given in this section where it is defined.

When we refer to "we", "us" or "our", we mean CREDIT SKY. When we use "you" or "your" we mean you, the person accessing the Site and using the Services.

We have used headings to help you understand these Terms and Conditions and to locate information easily.

We recommend that you print or save a copy of these Terms and Conditions for your records (note that we may change these Terms and Conditions from time to time).

Check the website regularly and each time you use the Services to order products to ensure that you understand the legal terms that apply at that time.

In the content of this document, as well as in the use of our website and the Application, the following capitalized terms will have, unless the context indicates otherwise, the meanings specified below:

CREDIT SKY - means the Romanian legal entity CREDIT SKY S.A. with registered office located in Bucharest, sector 2, str. J.L. Calderon no. 70, ground floor, registered at the Commercial Registry Office at the Bucharest Court under no. J40/3060/2018, CUI 38963865.

Agreement - means the terms and conditions of use of the Site and the Application.

Speedometer.ro - means the software program(s) developed by CREDIT SKY, through which credit scoring services are carried out, organized and promoted.

Client - it can be any legal entity that wants to purchase services using the Application, whether it is a current user or a future/potential user of the Application.

Data form - the section of the website consisting of an e-mail address, a telephone number and a unique registration number from the Trade Register that allows the Client to transmit information about him and his requests. The Client is responsible for and will ensure that all information entered is correct, complete and up-to-date.

Content - means all information that can be viewed or otherwise accessed through the use of an electronic equipment/device, including email correspondence.

Applicable regulations - means the Constitution of Romania, laws, government ordinances and government emergency ordinances, government decisions, orders, norms, directives, instructions issued by the competent authorities in the matter, or by any other government institution or public authority and any other instruments with a value of normative act, which can be decreed or in force at different times, both national and community in force and applicable on the territory of Romania.

C. OUR WEBSITE

This section sets out the rules that apply to your use of the website (whether or not you use it to order products or just browse). By using the website, you agree to these rules. If you do not agree to these rules, you are not allowed to use the website and should leave it immediately.

Our website uses cookies, which are data stored on the Client's computer, mobile terminal or other equipment, containing information about it. The use of the cookie mechanism is an advantage for the users, it allows memorizing some navigation options on the site such as the language in which the site is displayed, the type of filters that are applied when displaying certain pages, memorizing the username and password for quick access to site content. Not accepting a cookie does not mean that the user will be denied access to browse the site. For information on the cookie policy, including the list of cookies, visit the Cookie Policypage.

Access to the website is provided free of charge and you are responsible for making all necessary arrangements to access the website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of and comply with these Terms and Conditions.

Access to the website is permitted temporarily and does not include any commercial use of the website or its content. The website will not be reproduced, copied and/or exploited for commercial purposes without our prior written consent.

We reserve the right to withdraw or modify the Website without notice and may from time to time restrict access to the Website in whole or in part. We will not be liable if, for any reason, the website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you communicate with us electronically and you agree that all agreements, notices, communications and other communications we send you electronically (either on our behalf or on behalf of partners) satisfy any legal requirement that the same communications be in writing.

You must not use the website in any way that causes, or is likely to cause, the interruption, damage or impairment of the website in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website only for lawful purposes.

You must not use the website in a way that violates any applicable local, national or international law or regulation, or in any way that is illegal or fraudulent or has any illegal or fraudulent purpose or effect. To submit, use or reuse any material that is: (i) unlawful, offensive, abusive, indecent, defamatory, obscene or threatening and/or (ii) in violation of copyright, trademark, confidence, privacy or of any other right, and/or (iii) otherwise harmful to third parties and/or (iv) objectionable and/or (v) consisting of or containing software viruses, political campaigns, commercial solicitations, chain letters, messaging or any "spam". To cause harm, irritation, unnecessary anxiety to any person.

Violation of these provisions may constitute a misdemeanor or a crime according to the legislation applicable in Romania and the European Union. We will, in accordance with any enforceable law or public policy, report any such violation to law enforcement authorities and disclose their identity to them. If you breach any of these Terms and Conditions and/or any Third Party Products and Services Terms and Conditions, you will fully indemnify us for all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest , fines and fees and legal or other professional expenses awarded or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

Link: We are happy if you add a link to the website, but you must do so in a fair and legal way and not damage our reputation or take advantage of it (such as using a link to suggest any form of association or endorsement of our side). We reserve the right to withdraw permission to link at any time, and if we recommend that you remove a link to the Website, you must do so immediately.

If the website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites and such links do not should be interpreted as an endorsement by us of the respective websites. We will not be liable for any loss or damage that may arise from your use of these links.

Our responsibility in relation to the website: We may update or change the website or its content at any time, but we are under no obligation to do so. Please note that this means that any content on the website may expire at any time. The content on the website is provided for general information only, its purpose is not to provide recommendations on which to rely. We make no representation or warranty, whether express or implied, that the website or any of its content is accurate, complete, up-to-date or will be free of errors or omissions. To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the website or any of its content, whether express or implied.

We will not be liable to you or any other user for any loss or damage, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with: (i) your use of, or inability to use, the Site the web; or (ii) your use of or reliance on any content displayed on the Website.

Please note that we provide the website for internal and private use only and as such we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website- or your downloading of any content from it or from any website linked to it. We do not exclude or limit in any way liability that cannot be limited by law. The various limitations and exclusions of liability will apply to liability arising from the provision of our services to you (as set out in section D).

D. USE OF THE SITE AND APPLICATION

The Client undertakes to access and use the site and the Application for purposes and by means that do not constitute abusive use. CREDIT SKY reserves the right that access to the products and services described in this website may be restricted to certain entities/persons or in certain areas/countries.

It is forbidden to reproduce, distribute or publish in any form the content of the materials presented on this site, by any person, without the prior written consent of CREDIT SKY.

Any attempt of any kind to modify the image and information on this website by any person, except its legal owner – CREDIT SKY, gives us the unilateral and unequivocal right to use all our prerogatives to address the courts and/or authorities legally competent for sanctioning this fact.

In order to gain access to our services, it is necessary to fill in the data form in the Application.

E. SECURITY. PRIVACY POLICY

This site adopts all necessary security measures to protect data. CREDIT SKY will maintain the confidentiality of any information you provide.

When filling in all data on our site, including personal data, the information will be protected both offline and online.

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully as it contains important information about how we collect and use your data.

By using the website, you agree to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is correct.

F. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

We are the owner or licensee of all intellectual property rights in the website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, including presentation and compilation thereof) ("Content"). The rights to the website and the content are protected by Romanian and international copyright laws, as well as by any relevant national copyright laws, authors' rights and database rights laws. All these rights are reserved.

You may not extract and/or reuse parts of the website or content without our express consent. In particular, you must not use data scrapers, robots or scrapers and perform similar data mining to extract data (one or more times) for reuse of substantial parts of the Website.

You must not create and/or publish your own database containing substantial parts of the Website (for example, our prices and product listings) without our prior written consent.

G. COMMERCIAL COMMUNICATIONS

You can withdraw your consent to commercial communications containing general and topical information, including information about offers or promotions, by sending an email to hey@creditsky.com, in which it is specified that you want to remove your e-mail address from the list of commercial communications or by accessing the unsubscribe link displayed in the Commercial Communications received from CREDIT SKY.

Following the purchase of a service, we may send you Commercial Communications regarding suggestions for related services in relation to the purchased good.

Also, to improve our product offering and experience, we will use your data to conduct market research and opinion surveys. The information obtained from this market research and opinion polls will not be used for advertising purposes, but only for those mentioned above. Your responses to market research and opinion polls will not be associated with your identity, nor will they be passed on to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time by accessing the unsubscribe link displayed in the message or by contacting us.

H. COMPLAINTS. CONTACT DATA

We operate a complaints procedure which we will use to try to resolve issues as they arise and please let us know if you have any complaints or comments.

Please contact us at:

  • E-mail: hey@creditsky.com
  • Mailing address: România, Bucuresti, sector 2, str. J.L. Calderon nr. 70, parter.

Likewise, if it is a case covered by consumer protection legislation, you can access the SOL (online dispute resolution) platform that allows consumers and merchants to resolve disputes related to online purchases with the help of a competent and impartial body. Link: https://ec.europa.eu/consumers/odr/main/

I. APPLICABLE LAWS

The contractual relations between the parties will be governed by Romanian law. Disputes that cannot be resolved amicably will be submitted for resolution to the competent courts at the CREDIT SKY headquarters.

J. FINAL CLAUSES

Non-compliance with the contractual terms, fraud or any behavior that harms us may lead to the suspension of your access to the services offered by CREDIT SKY through this website.

Each section and paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of these are illegal or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

If you breach these Terms and Conditions and we do not act or delay taking action, this does not mean that we have waived our rights and we will still have the right to use our rights and remedies. If we waive a breach by you, we will only do so in writing (signed by one of our directors) and this will not mean that we will automatically waive any subsequent breach by you.

These Terms and Conditions constitute the entire agreement between you and us, and supersede any prior agreements between you and us.

Force majeure: We will not be liable or responsible for any failure or delay in performance of our obligations to you if such failure or delay is caused by an event beyond our control - force majeure or fortuitous event. An event beyond our control means any act or event beyond our control, such as: unforeseen events, wars, terrorist attacks, embargoes, riots, strikes, lockouts, trade disputes, fires, floods, epidemics, earthquakes or other natural disasters, destruction , extreme weather, transportation disruption, government action or failure of public or private telecommunications or transportation networks. If such an event occurs and affects the performance of our obligations to you: (i) we will contact you as soon as possible to inform you; and (ii) our obligations to you will be suspended for the duration of the event. If an event occurs that affects the delivery of products to you, we will contact you to schedule a new delivery date after the event has ceased.

Term and Termination: This Agreement will remain in full force and effect for as long as a Client uses the Application. Registered clients may close their accounts by discontinuing their use. We may cancel or suspend the Client's account at any time without notice if we believe that these provisions have been violated, and the Agreement will terminate immediately the Client's account is closed and/or canceled.