Terms of Service
Last updated 14/10/2024
AGREEMENT TO TERMS OF USE
The use of this website (www.strategem-consult.com) (“Site”) is subject to Terms of Service, which constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and STRATEGEM CONSULT S.R.L (“we,” “us” or “our”). By accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, which is the date when Terms of Service come into effect.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site content, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
The Content and the Marks are provided on the Site “AS IS” for your information and personal, non-commercial use only. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
In case an express written permission is granted, it may not include the right to:
· Display our name or logo;
· Create derivative products, redistribute, sell, re-sell or transfer any material or service obtained.
LEGAL DISCLAIMER AND LIMITATION OF LIABILITY
While we attempt to keep the information and materials on the Site as current, complete and accurate as possible, we make no representations or warranties of any kind about the Site or the information, materials or other content and processes on the Site.
We cannot guarantee that access to the Site will be uninterrupted and error-free at all times. The operation of the Site is dependent upon third-party equipment and services, which may result in interruptions, delays or errors, and we do not guarantee and will not be liable for these in any way. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
We cannot guarantee that documents and information are entirely free from any technical errors, including but not limited to: typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice, including descriptions, pricing, documents and other information.
We recommend that the use of the Site and its contents is done at your own discretion, and you or any other person using this information will make their own determination as to its suitability and relevance prior to any use. No action or proceeding may be brought against us with respect to any claim or dispute arising from the use of or reliance on this site or any information thereon.
The documents on the Site may contain present and forward-looking statements and numbers regarding, for example, but not limited to: market sizes, market growths, future trends, etc. Such statements and numbers are based on public information sources that, while verified for general validity and credibility, may ultimately prove inaccurate. Furthermore, forward-looking statements and numbers are subject to risk factors, including unpredictable changes in political, economic, socio-cultural, technological, legal and environmental factors affecting the market itself.
While we attempt to keep all information and materials current, complete and accurate, we do not assume any obligation to update any statements or numbers, whether as a result of new information, future events or otherwise.
PRIVACY POLICY
We care about data privacy and security. By filling in a form on the Site, you are likely to include personal information (e.g. name, e-mail address etc.). As Data Controller, we make every effort to ensure that we protect and respect the confidentiality of personal data belonging to its users by implementing appropriate technical and organizational measures, in accordance with the requirements of Regulation No 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Law No. 190/2018 on the implementation of the General Data Protection Regulation and good practices in data processing. The information provided by the user will be stored by Controller in electronic format and will not be provided to any third party, other than those directly involved in providing the specific Services.
For more details on the processing of personal data that the Controller carries out in the context of using the Services, please consult the Privacy Policy available on the Site.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including collecting names and/or email addresses of users by electronic or other means;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
4. engage in unauthorized framing of or linking to the Site;
5. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information;
6. engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools;
7. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
8. attempt to impersonate another person;
9. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
10. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
11. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
12. delete the copyright or other proprietary rights notice from any Content;
13. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
14. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
15. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
16. use the Site in a manner inconsistent with any applicable laws or regulations.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights
Neither party shall be liable for failure to perform its contractual obligations if such failure is caused by a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site and all its contents; (2) breach of these Terms of Service; or (3) any breach of your representations and warranties set forth in these Terms of Service.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
GOVERNING LAW
These Terms of Service and any dispute or claim arising out of or in connection with the Terms of Service or their subject matter (including non-contractual disputes or claims) are subject to Romanian law and to the jurisdiction of the Courts of Bucharest.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the solution offered in informal negotiations is not satisfactory, any Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Courts of Bucharest, Romania, regardless of the nationality of the parties or the applicable law as provided for in international law.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
MISCELLANEOUS
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: office@strategem-consult.com, or through the contact form provided on the Site.