Terms and conditions
We recommend that you read the full Terms and conditions (hereinafter referred to as “T&C“) presented in order to understand and take note of the conditions of use of the website www.bgsoft.ro (hereinafter referred to as “Website“).
If you do not agree with any of the terms and conditions of the Website, please do not access, browse or use the Website or the software, services, information, materials or other such contained therein.
If at any time after accessing the Website, you decide that you no longer agree with these T&C, please stop accessing the Website. At the same time, if you no longer agree with the use of your personal data by the data controller BG Soft SRL, as a result of the use of the Website, you may exercise your rights under Regulation 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, at the e-mail address contact@bgsoft.ro.
General aspects
This set of T&Cs governs the relations between BG Soft SRL, a Romanian legal entity, with registered office in Cluj-Napoca, Calea Turzii, no. 74-76, 4th Floor, Cluj, identified by/ having registration number J12/2986/2008 and Unique Registration Code 24173769 (hereinafter referred to as the “Controller”) and the persons who use (hereinafter referred to as the “User“) the Website.
The T&Cs for use of the Website, as set forth herein, are and shall be governed by and construed in accordance with Romanian law, specifically setting forth how you may use the Website.
In order to use the services, we may ask the User to express his/her agreement with the T&Cs through a specific action, which has the meaning of an unequivocal consent (e.g. checking the specific box “I have read and agree with the terms and conditions presented”).
By ticking a certain box, the User:
- expressly agrees to abide by all the terms of these T&Cs as well as any other specific T&Cs applicable to the Services;
- assumes the consequences of non-compliance with the T&Cs, expressly mentioned therein;
- acknowledges the conditions of processing of personal data according to the privacy policy, which is an integral part of this set of T&Cs.
1. Definitions
1.1 Visitor – natural or legal person using the Website.
1.2 The Controller or BG Soft – the company BG Soft SRL, a Romanian legal entity, with registered office in Cluj-Napoca, Calea Turzii, no. 74-76, 4th Floor, Cluj, identified by/ having registration number J12/2986/2008 and Unique Registration Code 24173769. You can contact the company at the e-mail address: contact@bgsoft.ro, or through the communication channels mentioned on the Website.
1.3 T&C – these rules which establish the rules of use of the Website. The current version of the rules is available on the Website at any time, in a form that makes it possible to download it, save it to your device’s hard drive or print it out.
2. General provisions
2.1 The content published on the Website, regardless of its form, i.e. text, graphic and video material, is protected under the Copyright Law no. 8/1996 as amended, and is subject to other laws, including but not limited to applicable laws on intellectual and industrial property rights of the Controller. It is forbidden to use this content in any way without the written consent of authorised persons. Any aggregation and processing of data and other information available on the Website for the purpose of further distribution to third parties on other websites and outside the Internet is prohibited. It is also forbidden to use the Website and the Controller‘s logos, including characteristic graphic elements, without its express and prior consent.
2.2 The Controller shall use its best efforts to ensure the uninterrupted operation of the Website. In order to ensure a high quality of service and efficient operation of the services offered, the Controller reserves the right to establish interruptions in the operation of the Website. Technical interruptions may operate randomly, during which time certain functions of the Website and services provided by the Controller may be limited or unavailable.
2.3 By accepting these rules, the User acknowledges that the Controller has the right to access and analyze User communication made through the Website for the purpose of ensuring the safety and security of Users, preventing fraud and improving the Website. For more information on why and how the Controller accesses and analyses the content of information entered by the User, please review the Privacy policy.
3. Intellectual property
3.1 The content and design of the Website, including its design and user experience as well as the databases accessible through it, are the property of the Controller and are protected by Romanian legislation on copyright and related rights.
3.2 You may use the content of the Website for your personal use only, and the actions described below are not permitted without prior written permission from the Controller:
- removal of the marks identifying the Controller's copyright in the content;
- modifying, publishing, transmitting, retransmitting in any way or form, as well as participating in the transfer, sale, distribution of material made by reproducing, modifying or displaying content, without obtaining prior written permission from the Controller;
- reproducing or storing content, as well as sending this content to any other website, server or any other information storage medium, if the purpose of this activity is commercial.
4. Procedure for lodging and settling complaints and claims
4.1 In the event of any irregularities related to the operation of the Website, including those of a technical nature, the User or Visitor should first contact Customer Support at contact@bgsoft.ro, providing the necessary information to identify the problem.
4.2 The Controller shall make every effort to provide the highest quality service. Notwithstanding the above, the User has the right to lodge a complaint, free of charge, about the lack of performance or inadequate performance of the services provided by the Controller, on the basis of the Regulation.
4.3 Users also have the possibility to submit to the Controller at any time complaints and/or reports about apparently illegal activities carried out on the Website.
4.4 A complaint can be lodged by sending a message to contact@bgsoft.ro.
4.5 Complaints and/or claims submitted to the Controller shall include the User’s identification details, and as detailed a description as possible of the reason for the complaint/claim, so that the Controller can resolve it as quickly as possible.
4.6 Complaints will be examined and will be answered within the legal response time from their receipt by the Controller, if they have been accompanied by a complete set of data necessary to identify the User.
4.7 To contact the National Authority for Consumer Protection, the User can access the link: http://www.anpc.gov.ro.
5. Final provisions
5.1 The Controller reserves the right to amend the rules, subject to the following rule:
- the Controller shall, by way of exception, amend the Regulation in order to combat an unforeseen and immediate threat to the protection of online services, or the protection of Users against fraud, malware, spam, personal data breaches or other cyber security threats. You can access the Terms and conditions at any time.
5.2 The rights and obligations of the parties mentioned in these T&C, as well as all the legal effects that this document produces are governed by the Romanian law in force.
5.3 All disputes relating to the services provided by the Controller shall be submitted to the competent courts of common law in Romania.
6. Limitations of liability
6.1 Access to the Website is solely the choice of the Visitor/User. Each Visitor/User is responsible for his/her own activities and for the accuracy and correctness of the information provided.
6.2 The Controller and any other person involved in the design, production and development of the Website shall not be liable for any direct or indirect damage of any nature whatsoever arising out of or in connection with the access and/or use of the Website.
6.3 The Controller assumes no responsibility and shall not be liable for any damages whatsoever arising out of your access to and/or use of the Website, or your downloading of any materials from it.
6.4 The Controller assumes no liability whatsoever for any errors or malfunctions of usable programs in connection with visiting and/or using the Website.