TERMS AND CONDITIONS
1. General Provisions ......................................................................................................................2
2. Definitions...................................................................................................................................2
3. Territorial availability of EDC Services ……….................................................................................3
4. General conditions regarding the use of the EDC Website............................................................3
5. Content published on the EDC Website by Users …………..............................................................4
6. Industrial property rights ……………...............................................................................................5
7. Liability ……................................................................................................................................. 5
8. Security …................................................................................................................................... 6
9. Privacy Policy ……………………........................................................................................................ 7
10. Termination upon User’s initiative ............................................................................................. 7
11. Amendment and termination upon Company’s initiative ........................................................... 7
12. Applicable law and Jurisdiction................................................................................................... 8
13. Final Provisions .......................................................................................................................... 8
14. Statement regarding the express acceptance of certain unusual clauses .................................... 9
15. Contact ...................................................................................................................................... 9
1. General Provisions
1.1. The provisions of these Terms and Conditions ("T&C") govern the contractual relationship between:
a) EDENRED DIGITAL CENTER S.R.L. (hereinafter referred to as "EDC" or "Company"), with registered office in Bucharest, 2nd Oltenitei Road, 2nd Fllor, 4th District, Unique Identification Code RO41026768, registered with the Trade Register under no. J40 / 5640/2019; and
b) any natural or legal person who accesses and uses the website www................... ("EDC Website"), including any content, products and services made available to Users through the EDC Website ("EDC Services").
1.2. EDC Website, as well as any access interfaces to any of the Services provided through it, are provided by the Company and may only be used in accordance with the terms of access and use set forth in this T&C set.
1.3. PLEASE READ THIS T&C SET CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. ACCESS AND USE BY YOU OF THE SERVICES MEAN YOUR AGREEMENT TO RESPECT THE T&C. IF YOU DO NOT AGREE WITH THESE T&C, OR, AS THE CASE MAY BE, WITH THE UPDATED PROVISIONS OF THESE T&C, PLEASE STOP USING THE SERVICES IMMEDIATELY.
1.4. The conditions regarding the provision and use of certain EDC Services set forth in this T&C set are supplemented by the special terms and conditions applicable to those EDC Services.
2. Definitions
2.1. In this document, except where the terms are defined in the T&C, or if the context does not indicate otherwise, the capitalized terms will have the meaning set out below:
has the meaning set out in Clause 1.1 above;
means the User designated by a customer / partner as its representative to access and / or use the EDC Services via the EDC Website;
has the meaning set out in Clause 1.1 above;
has the meaning set out in Clause 1.1 above;
means anyone who accesses and uses the EDC Website and / or the EDC Services.
EDC Website
Authorized Representative
EDC Services
Company
User
3. Territorial availability of EDC Services
3.1. The EDC Website can be accessed by a User regardless of his/her location.
4. General Terms and Conditions regarding the use of the EDC Website
4.1. The access and use by any User of the EDC Services represents his/her agreement to respect this set of T&C, which arise a contractual relationship between the User and EDC.
4.2. By submitting the application form in the Career Section of the EDC Website, by filling out the contact form within the EDC Website and using the EDC Services through the EDC Website, the User (including the customer / partner represented by an Authorized Representative) expressly represents and understands that:
a) all information provided is complete, true and accurate;
b) has no right to modify, copy, distribute, transmit, display, publish, reproduce, license, create derivative works, transfer or sell any information or services obtained from or through the EDC Website;
c) is fully responsible for the establishment and maintenance of appropriate internal security procedures for security devices, codes, passwords and other methods of access control, including the communication channel used to connect to the EDC Services available on the EDC Website, in order to prevent unauthorized access to the system. USER UNDERTAKES ALL LIABILITY IN CONNECTION WITH THE MANAGEMENT OF FILLING OUT THE FORMS OF THE EDC WEBSITE, MEANING THAT ANY TRANSACTION MADE BY OTHER PEOPLE IN THE NAME AND ON BEHALF OF THE USER IN THE DEDICATED SECTIONS FROM EDC WEBSITE SHALL BE OPPOSABLE TO THE USER, AND EDC IS NOT OBLIGED TO CHECK THE IDENTITY AND MANDATE’S LIMITS OF THE PERSONS WHO CARRY OUT SUCH TRANSACTIONS IN THE NAME AND ON BEHALF OF THE USER;
d) undertakes not to carry out (and not allow carrying out) cracking or hacking activities or attacks such as "denial of service", not to use (and not allow using) automated means, including scripts, applications such as robot, bot, spider, crawler and / or any computer applications / programs that may deceive, or simulate certain activities or statuses in the EDC Website or, in any way, exploit certain functions or vulnerabilities of the EDC Website;
e) in using the EDC Website and any EDC Services provided through the EDC Website, will comply with applicable law;
f) understands and agrees that access to the EDC Services provided through the EDC Website may be blocked and / or suspended and / or prohibited automatically and without other formalities, without the Company being obliged to pay any compensation / damages, including but not limited to the following situations:
(i) The user spreads viruses, malware and / or other computer programs harmful to IT systems;
(ii) The User uses the EDC Website to copy its content, or information about the EDC Services provided through the EDC Website;
(iii) The User is involved in the automatic analysis and / or reading of software, directories, data or content relating to EDC Website and / or EDC Services;
(iv) The User creates, distributes, publishes or integrates external applications or other irrelevant content into the EDC Website;
(v) in any other way, the User engages in any illegal, fraudulent or manipulative activity in the context of the use of the EDC Services;
(vi) in any breach case of this set of T&C;
(vii) in case of non-compliance by the customer / partner of any other contractual obligations between the customer / partner and EDC.
g) is responsible for updating the personal data provided by the User within the EDC Website. The Company will not be held liable for any consequences of any damage caused by the lack of an update or as a result of such an update.
5. Content published on EDC Website by Users
5.1. Certain features of the EDC Website allow Users to upload a series of data (hereinafter referred to as "Content Posted by the User").
5.2. Rules Applicable to the Content Posted by the User:
a) The User, respectively each Authorized Representative, is solely responsible for the Content Posted by the User, guaranteeing that he/she will not infringe a third party’s intellectual property rights or other rights.
b) It is prohibited to distribute through the EDC Website of Content Posted by the User with pornographic or offensive character, which describes any form of violence or cruelty, which presents weapons of any kind, which constitutes a violation of the law or any way in which this would may be violated, which presents drugs or other illegal substances usage, which presents alcohol usage, which promotes racism, sexism, homophobia, ethnic or social discrimination, be abusive, indecent, slanderous or obscene, or may lead to any other damages to a person and / or infringes a person's right to an image, or which is protected by copyright;
c) It is forbidden to distribute through the EDC Website of Content Posted by the User affected by viruses or program codes, corrupt files or programs meant to interrupt, destroy or limit the good functionality of a software, hardware, network, server or other equipment.
6. Industrial property rights
6.1. EDC Website and all its contents, including without limitation all texts and images ("Content"), the software platform, as well as any other materials used within the EDC Website are protected by copyright and related rights legislation, and the patrimonial rights and/or related rights with respect to it, belong to the Company or to other partner companies or affiliates thereof, unless otherwise specified.
6.2. Any trademarks, signs, logos (collectively, the “Trademarks”) displayed on EDC Website or in connection with the EDC Services and / or the products and / or services of the EDC partners are Registered and / or unregistered Trademarks belonging to the Company and/or other partner or affiliated companies. No content or section of the EDC Website and / or any reference to or mention to EDC Services may not be interpreted as representing a license or other right granted to User to use any Trademark or derivative thereof.
6.3. User may not copy, modify, create derivative works, distribute, sell, publish or rent any part of the EDC Website. User has no right to remake or attempt to extract the source code for computer programs used for the EDC Website. Any reproduction, re-editing, uploading, advertising, distribution or transmission or any other use of the Content / Trademarks in any other way or by other means for commercial or other purposes is permitted only with EDC’s prior written permission. The appearance of the Content on EDC Website cannot in any situation be considered as a transfer or assignment of authorization or the right to use any of the above elements.
6.4. The Company offers the User a personal, global, free, non-transferable and non-exclusive license to use the EDC Website. This license is for the sole purpose of enabling the User to access EDC Website and / or the EDC Services, as provided by the Company, in accordance with the provisions of this set of T&C.
7. Liability
7.1. The Company assumes no responsibility for any loss of data or information resulting from delays or other circumstances, caused by events that are not under Company’s control or are generated by the conduct of third parties or by errors from the User. To the extent permitted by law, EDC assumes no responsibility for any direct or indirect losses resulting from, in any way related to the use or performance of EDC Website. In this regard, the User agrees to absolve EDC from liability and not to sue EDC regarding any claims from a third party, resulting from the use of EDC Services or EDC communication network or EDC Website, as well as to any loss (direct, indirect), costs, actions, lawsuits, claims, damages, expenses (including court costs) or other liabilities, suffered in any way as a result of the violation or ignorance by the User of this set of T&C.
7.2. To the extent permitted by law, the liability for the proper functioning of EDC Website, as well as for
7.3. the availability of any EDC Service, is excluded. In particular, the Company excludes any warranty that:
a) EDC Website will operate without interruption or error;
b) the defects will be remedied, that EDC Website or the server(s) that make it available do not contain viruses and other harmful components;
c) the use or results of using EDC Website or that the materials made available as part of the EDC Services provided are correct, accurate, provided in real time or secure in any other way.
7.4. The Company reserves the right to refuse or remove images, text or any other content posted on EDC Website or transmitted by means of distance communication.
7.5. Subject to the provisions of Section 8 (“Security”) from this set of T&C, neither the Company nor its suppliers will be held liable for any damage caused as a result of the breach of data security by the User, including but not limited to the following situations: (i) the devices (computers, telephones, smartphones) used by the User are lost, stolen, infected with viruses or other malware, or are accessed by any other person, (ii) the security of the e-mail related to User's account is compromised in any way.
7.6. Also, the Company will not be responsible for failed operations or for the lack of possibility to perform an operation caused by the operation of IT devices used by Users, power outages, malfunctions of communication networks and other technical problems related to equipment / services offered by third parties directly to Users and for which the Company and / or its partners are not responsible.
8. Security
8.1. EDC has made all steps and makes every effort to protect EDC Website and the information transmitted while its using or provision of EDC Services electronically.
8.2. In this regard, EDC has implemented an Information Security Policy that includes guidelines on information security, IT resources and data protection of the organization. This policy applies to all processes and activities that collect, save, process and transfer or transmit data or information, including the EDC Website. The methods of protection used, but not limited to, include secure access protocols, encryption, traffic scanning equipment, vulnerability testing and pen-test performed regularly. EDC website uses TLS 1.2 encryption on all web pages where personal information is transmitted, encryption that is used both for security reasons and to protect the transmission of confidential content. A User recognizes an encrypted connection in the browser's address line when it changes from "http: //" to "https: //" and the lock icon is displayed in the browser's address bar. This protects the confidentiality of personal information while it is transmitted over the Internet. More details on information security can be found in the Privacy Policy [hyperlink], available on EDC Website.
8.3. Even if we offer these technologies in conjunction with other measures to protect confidential information and ensure adequate security, we do not warrant that the information transmitted over the Internet is secure, or that such transmissions will not be delayed, interrupted, intercepted or error-free from reasons that are not related to EDC. In this regard, EDC cannot guarantee that the User's use of EDC Website will be confidential. Any information that the User discloses on EDC Website may not be secure during its transmission over the Internet. Third parties have the ability to intercept transmissions made by the User and when using the EDC Website. The causes that can lead to the compromise of information can be: the use of an insecure or outdated browser, the use of an insecure network, the use of an outdated or malware-infected technology or operating system, etc. EDC cannot be held responsible for the loss of confidentiality, integrity or availability of information for reasons beyond its control.
9. Privacy policy
9.1. The conditions regarding the processing of personal data in the context of using the EDC Website are detailed in the Privacy Policy [hyperlink] and Cookies Policy [hyperlink], available on EDC Website.
10. Termination upon User’s initiative
10.1. Subject to any specific contrary conditions provided in the special conditions applicable to the customer / partner, the User has the right to terminate the agreement with the Company established under this set of T&C, at any time, without notice and for any reason. The termination can be made by Unsubscribing, following the steps indicated in EDC Website. If the User requests the Unsubscribe, he/she will not have the right to request from the Company the recovery or reconstitution of his/her data / account’s content.
11. Amendment and termination upon Company’s initiative
11.1. Suspension and termination for reasons not attributable to the User
11.1.1. The Company may periodically amend and improve EDC Website and EDC Services provided through it. The Company may add or remove features or functions of EDC Website. The Company may also suspend or completely discontinue the operation of EDC Website and / or the provision of any Service.
11.1.2. The User will be notified in advance by e-mail of such a permanent suspension or interruption.
11.2. Termination for reasons attributable to the User
11.2.1. The Company has the right to terminate the agreement with the User established under this set of T&C, without any additional formality, if the User does not comply with the terms and conditions from this set of T&C and / or any other regulations, contractual documentation applicable to the User, including Clause 4.2.f).
12. Applicable Law and Jurisdiction
12.1. This set of T&C is governed by and construed in accordance with the laws of Romania, and any disputes or litigation between the Company and Users in connection therewith shall be settled by the competent courts in accordance with the law.
13. Final provisions
13.1. THE COMPANY RESERVES ITS RIGHT TO PERIODICALLY UPDATE THIS SET OF T&C (E.G. TO CORRESPOND TO CHANGES OCCURRED IN THE LEGISLATION OR SERVICES PROVIDED BY THE COMPANY, BUT ALSO TO CORRESPOND TO NEW FUNCTIONALITIES DEVELOPED BY THE COMPANY). THE UPDATED VERSIONS OF THE T&C WILL BE AVAILABLE ON EDC WEBSITE. REFUSAL TO ACCEPT UPDATED T&C WILL RESULT IN TERMINATION OF THE CONTRACT WITH THE COMPANY, AND USERS WILL NO LONGER BE ABLE TO USE EDC WEBSITE AND / OR RELATED SECTIONS AND / OR EDC SERVICES AFFECTED BY THE AMENDMENT.
13.2. Users may not assign the rights and obligations in this set of T&C (or any part thereof) without Company’s written consent. The Company may assign the rights and obligations from this set of T&C.
13.3. If any term or provision from this set of T&C or any document included or referred to in this set of T&C is considered by a competent court to be contrary to law, that term will be removed from this set of T&C, and the rest of the provisions from this set of T&C will not be affected. Also, to the extent permitted by law, the application of that provision to other persons or circumstances than those towards it is invalid or inapplicable shall not be affected by such invalidity. Each provision from this set of T&C will be valid and applicable to the extent permitted by law.
13.4. In case of discrepancies between this set of T&C and the specific terms and conditions, the specific terms and conditions will prevail.
13.5. This set of T&C regulates the relationship between the Company and the User. Unless expressly stated otherwise, it does not create any rights for third parties. No provision of this set of T&C shall be construed as establishing between the User and the Company a partnership, a joint venture, a principal-agent or employee-employer relationship. Neither party shall have any right, power or authority, express or implied, to engage the other party.
13.6. No right is waived and no violation is allowed unless such waiver or agreement is made in writing and signed by the party alleged to have waived or consented. No agreement of either party to an infringement or any waiver of an infringement by the other party, express or implied, shall constitute an agreement to, waive, or admit of any other or subsequent infringement.
14. Statement regarding the express acceptance of certain unusual clauses
14.1. BY ACCEPTING THE TERMS AND CONDITIONS FROM THIS SET OF T&C, THE USER EXPRESSLY DECLARES THAT HE/SHE HAS READ, UNDERSTOOD AND ACCEPTED THE CONTENT THEREOF, INCLUDING WITHOUT LIMITATION TO CLAUSE 4.2f), CLAUSE 4.2g), CLAUSE 7 (LIABILITY), CLAUSE 11 (AMENDMENT AND TERMINATION UPON COMPANY’S INITIATIVE), CLAUSE 13.1 (T&C UPDATES).
15. Contact
15.1. The Company can be contacted in connection with the aspects related to the operation of EDC Website by phone at phone number 021 301 33 11, in writing by e-mail to the e-mail address edenred.romania@edenred.com, as well as, as the case may be, in the dedicated Contact section from EDC Website.
15.2. The properly filed complaint must be filed in accordance with the Contact form on EDC Website.
15.3. The Company may send general communications regarding the operation of EDC Website and / or EDC Services through the communication channels of EDC Website or by e-mail to the e-mail address associated with the User.