Terms and conditions for dental services - Dr Baldea Dental Clinic
1. Sites and Site Operators
1.1. www.drbaldeaclinic.ro: is operated by S.C. RINDO DENTAL CLINIC S.R.L., with headquarters in STR. LINISTII NR. 5, MOSNITA NOUA, TIMIS, registered with the Trade Register under no. J 35/819/2011, CUI RO 28331985,
represented by POPESCU DRAGOS, ADMINISTRATOR.
In this document, the term "Site" means and refers to any part of the listed Site(s) and/or its content or their contents.
1.2. Your legal relationship is with the entity www.drbaldeaclinic.ro that operates the Site you are visiting and/or through which you are entering into an online transaction, unless expressly stated otherwise elsewhere.
2. Scope and Acceptance of the Terms of Use
2.1. Your access to and use of our Site are subject to and governed by all applicable laws and regulations and these terms and conditions of use, including any policies or other conditions referred to herein and available on the Site, as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully. If you do not agree with them, please do not use our Site. If you continue to use our Site, we will consider you to have accepted these Terms of Use. Before you provide us with personal data (including your email address) through our Site, you will be specifically asked to accept the Terms of Use. By accepting the Terms of Use, you agree to be bound by the Terms of Use in the version published on our Site at the time of your visit.
2.2. We reserve the right to make changes to our Site and the Terms of Use at any time by posting on our Site, without any further notice. Material changes will be communicated in an appropriate manner. Please ensure that you re-read the Terms of Use regularly as your access or use of this Site will be deemed to have agreed to the Terms of Use in the version published on our Site at the time of your visit.
3. Cookies
When you first visit our Site, we specifically inform you that we use cookies. By continuing to use our Site, you accept and agree to our Cookie Policy. We will continue to inform you of this each time you visit our Site until you confirm your acceptance.
4. Privacy
By using our Site, you are deemed to have accepted our Privacy Policy. Before providing us with personal data (including your email address) through our Site, you will be expressly asked to accept this policy.
5. Transactions concluded through the Site – Terms of Supply
Transactions for the supply of products concluded through or as a result of your visits to our Site are governed by our Terms of Supply. You will be specifically asked to accept these terms before completing your order.
6. Availability and Defects
6.1. Our Site will not always be available and may have certain errors. It is provided on an "as is" and "as available" basis, and to the extent permitted by law, without warranties, conditions or guarantees of any kind.
6.2. We have no obligation to update the information on our Site, except as otherwise provided by applicable law. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Site and/or the information, materials, products and/or services available through it.
7. Ownership, Trademarks, Copyright and Software
7.1. "dr Baldea Dental Ciinic" and other marks, logos and service names are registered trademarks of S.C. RINDO DENTAL CLINIC S.R.L. of Romania. The trademarks of S.C. RINDO DENTAL CLINIC S.R.L. shall not, under any circumstances, be used in connection with any product or service not related to S.C. RINDO DENTAL CLINIC S.R.L., unless prior written authorization is obtained from S.C. RINDO DENTAL CLINIC S.R.L. or as permitted in these Terms of Use. All other trademarks not owned by S.C. RINDO DENTAL CLINIC S.R.L., but which appear on this Site are the property of their respective owners, whether or not connected, contractually affiliated with or sponsored by S.C. RINDO DENTAL CLINIC S.R.L.
7.2. Unless otherwise provided, our Site, including all of its content, such as design, text, graphics, logos, images, audio clips, and other aspects related to the site and the content, are protected by copyright rules and other intellectual property laws in force and are the property of S.C. RINDO DENTAL CLINIC S.R.L. or its affiliates or the providers of the respective content. S.C. RINDO DENTAL CLINIC S.R.L. and/or any of their affiliated companies are the owner (or, as the case may be, the licensee) of all intellectual property and other proprietary rights in or to our Site. All such rights are reserved.
7.3. Your posting on our Site does not constitute a waiver of any right we have in or to the Site. Except as expressly granted herein, you do not acquire any right, title or interest in or to our Site.
7.4. All software used on this Site is the property of S.C. RINDO DENTAL CLINIC S.R.L. and/or any company affiliated with the company, unless open source software has been used. All content of the software, its development and the software in its entirety are protected by copyright laws. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content of this site is not permitted without the prior written consent of S.C. RINDO DENTAL CLINIC S.R.L.
8. Use of Our Site
8.1. We grant you a limited right to access and use our Site for your own personal use. You may not: (i) reproduce, duplicate, copy, sell, retransmit, distribute or exploit our Site, including any part of its content for any purpose, without our prior written consent; (ii) harvest product listings, product descriptions or prices; (iii) make derivative works of our Site or its content; (iv) download or copy information for the benefit of another business; and/or (v) use data mining tools, robots or similar data gathering and extraction tools.
8.2. You may print reasonable copies and download extracts of any page(s) on our Site. You must not modify in any way the paper or digital copies you have printed or downloaded, and you must not use any illustration, photograph, video or audio sequence or any graphic format separately from any accompanying text.
8.3. You must not misuse our Site by knowingly introducing viruses or other material that is malicious or technologically harmful, by attempting to gain unauthorised access to our Site, or by attacking our Site through a denial of service attack (DdoS denial – of service attack). A breach of this provision may constitute a criminal offence and we may report you to the relevant authorities for such acts, without prejudice to other legal means available to us to recover damages suffered.
8.4. Access to or use of our Site (or the information, materials, products and/or services on our Site) may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with all applicable laws and regulations of the country from which our Site is accessed. We do not warrant in any way that our Site (or the information, materials, products and/or services on our Site) is appropriate or available for use in locations outside Romania.
8.5. We reserve the right to suspend or terminate your access to our Site (or parts thereof) at any time, in particular if we believe that you are using our Site in any way that is contrary to any of these Terms of Use or in a harmful manner. If you print, copy or download any part of our Site and/or use such copies or parts of our Site in breach of these Terms of Use, you must, at our option, return or destroy the copies of the materials you have made and in the event of destruction, provide evidence of this.
9. We reserve the right to restrict access to our Site or parts thereof to registered visitors, except as otherwise provided by applicable law.
10. Materials Submitted by You
10.1. We may provide users of our Site with the opportunity to post content or comments on or submit materials for publication in various areas of our Site. In this case, we do not approve, endorse, support, sanction or encourage any such content, comments or materials and we have no obligation to investigate, monitor or check it for accuracy, completeness or compliance with applicable law. We assume no responsibility or liability for such content, comments or materials, except as expressly provided by law.
10.2. If you post content or comments or submit material for publication in any area of our Site, including photographs:
you grant us a non-exclusive, perpetual (or, if a perpetual license is not permitted by applicable law, a license for the maximum term permitted by applicable law), royalty-free, worldwide license to use, reproduce, publish, republish, transmit and broadcast (and to grant sub-licenses to use, reproduce, publish, republish, transmit and broadcast) such content, comments or material in any format (including print and electronic) for the purposes of operating our Site, to promote us, our Site and our products and services;
you ensure that such content, comments or material are not unlawful, threatening, defamatory, obscene, pornographic or profane or that they would not constitute or encourage conduct that would be considered a criminal offense or violation of law, and you do not you must not post material that is deliberately intended to disturb other users;
you will not be paid for any content, comments or material posted or submitted for publication;
you must ensure that such content, comments or material is your own original work and/or that you own the copyright and any other relevant rights or that you have been granted such rights;
if the material is photographic or graphic material you must have conceived the photograph(s) or created the graphic material yourself or have had permission or been authorised by the owner of the photograph(s) and/or graphic material and must have obtained the consent of all persons present in them where such persons can be clearly identified; and
we may publish your name alongside any photograph(s) or graphic material submitted by you, but we may edit or delete any comment you submit with them.
10.3. We reserve the right to refuse, suspend, terminate or otherwise remove any such content, comments or materials including photographs or graphics posted or transmitted by you; this right shall not be construed as an endorsement by us of or liability for such content, comments or other materials, whether or not we exercise this right. We further reserve the right to make additions or deletions to text or graphics (including editing any photographs or graphics) for the purpose of promoting us, our Site, our products and services or for the purpose of protecting the interests of us, our affiliates, employees, business partners, users or other third parties; if we make such additions or deletions we are responsible for them and for the text or graphics as modified by us.
10.4. You agree to indemnify us for any liabilities, claims, expenses, losses or other damages that we may incur as a result of the publication of content, comments or materials posted or submitted by you on our site.
11. Third Party Sites
Our Site may contain links to Sites operated by third parties ("Third Party Sites"). These links are intended to provide additional information only. The inclusion of any link to a Third Party Site on our Site does not mean that we approve, endorse or accept responsibility for such Third Party Site, its content or use, or the use of any products or services made available through it. We are not obligated to screen and monitor, and we have not investigated or monitored, any Third Party Site for accuracy, completeness or compliance with applicable law. We are not responsible for any damages or losses incurred as a result of your use of the Site or reliance on such Third Party Sites. You use such Third Party Sites at your own risk. All terms and conditions and policies of the Third Party Sites that you access will apply to you while browsing those sites and we recommend that you check those terms and conditions.
12. Hyperlinks to Our Site
12.1. You may create a hyperlink to our Site from another site or document without our prior written consent subject to the conditions set out in this section (Hyperlinks to Our Site).
12.2. No such hyperlink
creates a frame or any other browser or closed environment around the content of our Site;
does not imply that we endorse your products or services or any of the products or services of the site on which you insert the link to our Site, or available through it;
does not display any of the trademarks used on our Site, without our permission or the owner of such trademark;
is not placed on a site that has illegal, threatening, defamatory, obscene, pornographic or profane content or that could constitute or encourage conduct that could be considered a crime or violation of any law or that, in the sole interpretation of www.drbaldeaclinic.ro, harms or may harm the interests or reputation of www.drbaldeaclinic.ro or the companies with which we work (or our products and/or services and theirs); or
does not portray us or our affiliates or businesses (or their products and/or services) in a false, misleading, derogatory, or offensive manner.
12.3. You are solely responsible for the website from which you link to our Site and for any impression or perception created about us or our Site.
12.4. You are solely responsible for bringing these Terms of Use to the attention of persons who access our Site through the link. Any person who connects to our Site through your link is bound by these Terms of Use.
12.5. We reserve the right to request at any time, in our sole discretion, for any reason, that any link you create to our Site from another website or document be removed. In such event, S.C. RINDO DENTAL CLINIC S.R.L. or any of its affiliates operating a Site, will send a notice of termination by email to the registered name mentioned in your registration of the domain name of the Site or to any email address provided on your Site. Upon receipt of a notice from www.drbaldeaclinic.ro, you will remove the link within three (3) days and will not include a link to this or any other www.drbaldeaclinic.ro site on your site or on the site of a person associated with you.
13. Exclusion and Limitation of Our Liability
13.1. Subject to the following section, we, in our own capacity and on behalf of our affiliates, exclude all liability (whether in contract or otherwise) arising out of or in connection with access to or use of our Site or any website to which it is linked, to the extent permitted by applicable law. This exclusion applies to, but is not limited to:
losses caused by the unavailability of the Site or technical defects in the Site;
loss of data;
losses caused by a denial of service attack, viruses or other technologically harmful material;
loss of revenue or profits or anticipated savings; and
losses resulting from circumstances beyond our reasonable control and losses which were not reasonably foreseeable.
14. We do not seek (and nothing in these Terms of Use is intended to do so) to exclude or limit liability and no exclusion or limitation of liability shall apply in the following cases:
loss or damage caused by fraud, wilful misconduct or deliberate deception by us;
liability which, under applicable consumer protection or product liability laws, cannot be excluded (however such laws are denominated);
any other liability which cannot be excluded or limited under applicable law.
15. Your Liability and Indemnity Obligation
You agree to hold us and our affiliates harmless from and against any and all claims or liabilities arising out of or relating to your breach of these Terms of Use.
16. Contact, Written Communications, Notices, Questions or Complaints
16.1. We may contact you by post, email, short message service (SMS), push notifications or telephone or provide you with information by posting it on our Site.
16.2. All notices you give to us must be made by letter or email to: (i) Customer Service (contact details provided on our Site) or (ii) the Site operator (contact details provided at the beginning of these Terms of Use or in the Terms of Supply).
16.3. We may send you an individual notice either to the email address or postal address provided or in the case of a general notice sent to all our users or customers by posting information on our Site in an appropriate manner.
16.4 For the provision of the notification service, it will be sufficient for you to prove, (i) in the case of a letter, that this letter was properly addressed, stamped and deposited in the post, (ii) in the case of an email, that this email was sent to the specified email address of the recipient, and (iii) in the case of posting information on our Site, that this information was properly provided, having regard to the content of the information
16.5. Applicable laws require that some of the communications we send to you be in writing. By using our Site, you accept that you will communicate with us primarily by electronic means. For contractual reasons, you agree to these electronic means of communication and you agree that all contracts, notices, information and other communications that we send to you will comply with the legal requirement that such communications be in writing, unless applicable law does not permit such agreement. Both we and you further agree to recognize in our mutual relations as handwritten communications (i) the validity period of electronic signatures in accordance with applicable law and (ii) any information in electronic format, added to or logically associated with an electronic statement to indicate the author, including the use of a specific profile, unless applicable law does not permit such recognitions.
16.6. For easier orientation, www.drbaldeaclinic.ro provides a direct communication system via an online chat, which, however, does not qualify as legally binding information or communications for users or as an official Customer Service point.
16.7. If you have any questions or complaints regarding our terms and conditions, a product, www.drbaldeaclinic.ro service or any other aspect, please contact Customer Service (contact details are displayed on our Site) or write to the Site operator (contact details are provided at the beginning of the Terms of Use and Terms of Supply).
17. Miscellaneous
17.1. Transfer of rights and obligations: The rights and obligations arising from our activity and from your access to and use of our Site are binding on both you and us as well as on our successors and assigns. Unless otherwise provided by applicable law, you may not transfer, assign or otherwise dispose of any of your rights or obligations, in particular payment obligations, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of the operation of the Site or parts thereof or any of the rights or obligations arising from it at any time, in which case we are not relieved of responsibility for the performance of our obligation with respect to you, but the assignee enters into these relations as a co-debtor.
17.2. Waiver: No waiver by us of any provision of these Terms of Use will be effective unless expressly stated to be a waiver and notified to you in writing.
17.3. Severability: If a court or competent authority determines that any provision of these Terms of Use is invalid, illegal or unenforceable under applicable law, that provision will be modified and interpreted to best achieve the objectives of the original provision to the extent permitted by law. The remaining provisions will remain in full force and effect.
17.4. Entire Agreement: These Terms of Use contain the entire understanding between you and us regarding your use of our Site. No representation or representation, oral or written, that is not included in the Terms of Use will be binding on you or us unless it has been mutually agreed to in writing between you and us.
18. Complaints (including copyright complaints) regarding user contributions
While we allow users to post content or comments or submit materials for publication in various areas of our Site, we cannot know the content of every comment or review displayed on our Site. We operate on a "notice and take down" basis. If you believe that any comment or review displayed on our Site contains a defamatory statement, constitutes an infringement of copyright or other rights, please notify us immediately in writing or by email to Customer Service at the contact details displayed on our Site and, if possible, provide us with materials to prove your complaint.
19. Complaints and remedies outside the court
If a dispute between www.drbaldeaclinic.ro and a consumer cannot be resolved amicably, the parties have the right to address an arbitration committee, court or consumer protection authority for its resolution.
20. Choice of Law and Jurisdiction
These Terms of Use and all matters arising from or related to these terms and this Site including its content shall be governed by the law of the country as indicated below. The courts of the same country have exclusive jurisdiction in resolving the dispute, which may arise from or in connection with these Terms of Use.
Version: [June/2016]
