1. DEFINITIONS AND TERMS
Simplisio Marketing – is the commercial name of SIMPLISIO INNOVATION SRL, a legal entity of Romanian nationality, with a registered office in Bucharest, sector 1, 164 Stirbei Voda Street, bl. 21A, sc. A, et.1, ap.15, with the order number in the Trade Register J40/14613/2021, unique tax registration code 44791098.
“Simplisio”, “we” or “us” refer to Simplisio Marketing network and/or its individual Member Firms. “Simplisio Marketing”, “we” or “us”, as used in individual articles and thought leadership pieces available on the Websites may, depending on the context, refer to Simplisio Marketing network as a collective or to individual Member Firms.
User – means all users/visitors of a Website.
you – means you as an individual user of a Website.
Nickname – nickname by which a specific User/Customer/Shopper can add Content to the Site. The nickname is associated with the User/Customer/Customer’s information on the Site under the name “User Name”.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit Orders and that contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods warranties, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete, and up-to-date.
Site/Website – the online store hosted at the simplisiomarketing.com web address and its subdomains.
Seller – Simplisio Marketing
Buyer – any individual or legal person which buys a good or service from this website
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller
Goods and Services – any product or service listed on the Site, to be provided by the Seller to the Buyer as a result of the Contract.
Campaign – the action of displaying for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – means the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Service contract – means the contract signed by both the Seller and the Buyer for the delivery of services to the Buyer.
Content – means:
- all information on the Site that can be visited, viewed, or otherwise accessed through the use of electronic equipment;
- the content of any e-mail sent to the Buyer by the Seller by electronic means and/or any other available means of communication;
- any information communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer in accordance with the contact information, whether or not specified by the Buyer;
- information relating to the Goods and/or Services and/or prices charged by the Seller in a given period;
- information relating to the Goods and/or Services and/or prices charged by a third party with which the Seller has entered into partnership agreements, in a given period;
- data relating to the Seller, or other privileged data of the Seller.
Document – these Terms and Conditions.
- all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data, and any other work.
Commercial Communications – any type of message sent (such as e-mail/SMS/telephone/mobile push/web push/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions, information on Goods and Services added in the “Account/My Account” section or “Account/Favourites” section as well as other commercial communications such as market research and opinion polls.
2. ABOUT THE WEBSITE
2.1. The Websites provide information about Simplisio Marketing, including thought leadership and the services and products we provide. References to “the Website,” “the Websites”, and “www.simplisiomarketing.com” include all software, content, and features provided within the relevant Website(s). In addition, in these Terms, all references to Websites addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced Website(s).
2.2. The Websites offer a range of interactive features, such as access to premium and personalized content, user profiles, reading lists, commenting, and other publicly accessible collaborative features. We may add other features from time to time. Certain features are available only to Registered Users. For more information about registration, please see the Registration section of these Terms.
3. INFORMATIONAL PURPOSES ONLY
3.1. The Websites and content available within them are for informational purposes only. Neither the Websites nor the content available within them constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
4. CHANGES TO AND AVAILABILITY OF THE WEBSITES
4.1. The Websites are made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Websites may be suspended at any time without notice.
5. YOUR RESPONSABILITIES
5.1. You will use the Websites only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via this contact form and provide us with assistance, as requested, to stop or remedy such violation.
6. PROHIBITED CONDUCT
6.1. In using the Websites, you must not do any of the following:
- Post, transmit, or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).
- Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Use the Websites for any commercial purpose or otherwise use the Websites for processing data or other information on behalf of any third party.
- Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful.
- Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violating any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the Websites.
- Create or share content without first obtaining any necessary permissions from third parties or otherwise using the Websites to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorized herein, without Simplisio Marketing’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly permitted by applicable law.
- Remove or alter any copyright, trademark, or other proprietary rights notice on the Websites or content you access via the Websites.
- Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, without Simplisio Marketing’s express prior written consent.
- Systematically download and store Websites’ content. For the avoidance of doubt, caching of the Websites is permitted by a service provider acting in the normal course of its business where permitted under applicable law.
- Use any robot, spider, Websites search/retrieval application, or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) harvest or collect information about users of the Websites without Simplisio Marketing’s express prior written consent.
6.2. If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.
7. REQUIREMENTS TO USE THE WEBSITE
7.1. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside and that you are in any event at least 18 years old.
7.2. If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
7.3. You represent and warrant that you and/or the organization you are acting on behalf of: (i) are not located, organized, or resident in a country that is subject to an embargo imposed by a government, union, or an intergovernmental organization, including without limitation the United States, the United Kingdom, the European Union or any EU member state, or the United Nations, or that has been designated by such parties as a “terrorist supporting” country; (ii) are not listed on any government, union, or intergovernmental organization list of prohibited or restricted parties; and (iii) are not owned or controlled, directly or indirectly by any party described in clauses (i) and (ii) of this provision. If any applicable law, rule, or regulation prohibits you to access the Websites, you may not access them. If you nevertheless access or use the Websites, you will still be bound to these Terms and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
8.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text, and/or multimedia content presented on the Site, are the exclusive property of Simplisio Marketing, which reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).
8.2. The Customer/Buyer/User/Visitor is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, or include any Content in any context other than the one originally intended by Simplisio Marketing, including any Content outside of the Site, removing any markings signifying Simplisio Marketing’s copyright in the Content, and participating in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of Simplisio Marketing.
8.3. Any Content to which the Customer/Customer/User has and/or obtains access by any means whatsoever is subject to the Document, unless the Content is accompanied by a specific and valid use agreement between Simplisio Marketing and the Customer/Customer/User, and without any express or implied warranty by Simplisio Marketing with respect to that Content.
8.4. The Customer/Buyer/User/Visitor may copy, transfer and/or use the Content only for personal or non-commercial purposes, provided that they do not conflict with the provisions of the Document.
8.5. If Simplisio Marketing grants the Customer/Customer/User the right to use, in the form described in a separate usage agreement, specific content to which the Customer/Customer/User has or obtains access as a result of this agreement, this right extends only to the content(s) defined in the agreement, only for the period of its or their existence on the site or the period defined in the agreement, under the defined terms, if they exist and do not represent a contractual commitment on the part of Simplisio Marketing for the respective Customer/Customer/User or any other third party who has/acquires access to such transferred content, by whatever means and who could be or is harmed in any way by such content, during or after the expiry of the agreement of use.
8.6. No Content transmitted to the Customer, User, Visitor, or Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by the Customer, User, Visitor, or Buyer by accessing, visiting, and/or viewing shall constitute a contractual obligation on the part of Simplisio Marketing and/or the employee/employee of Simplisio Marketing who facilitated the transfer of the Content, if any, with respect to such Content.
8.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.
9.1. The Customer/Shopper may NOT place Orders on the Site. The products displayed on the Site are for presentation purposes only and do not represent the object of the services or goods offered by Simplisio Marketing. Any order registered on the site is void.
9.2. The Customer/User may contact Simplisio Marketing for the provision of various services. Communications with Simplisio Marketing do not entail any contractual obligations.
10.1. Simplisio Marketing will keep confidential the information of any nature that you provide. Disclosure of the information provided will only be possible under the conditions mentioned in this Document.
10.2. No public statement, promotion, press release, or any other form of disclosure to third parties shall be made by the Buyer/Customer/User in relation to the Order/Contract without the prior written consent of Simplisio Marketing.
10.3. By submitting information or materials through this site, you grant Simplisio Marketing unrestricted and irrevocable access to, and the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Simplisio Marketing may freely use, for its own purposes, any such information, ideas, concepts, know-how or techniques that you submit to us through the Site. Simplisio Marketing will not be subject to any obligations concerning the confidentiality of the information sent, unless the legislation in force provides otherwise.
11. COMMERCIAL COMMUNICATIONS
11.1. The Buyer/User/Customer may at any time change its option regarding the consent given to Simplisio Marketing for Commercial Communications containing general and thematic information including information on offers or promotions, as follows:
by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
by contacting the Seller.
by adding Goods or Services in the Account section
12.1. Simplisio Marketing shall not be liable for damages of any kind that the User or any third party may suffer as a result of Simplisio Marketing’s performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
12.2. By creating and using the Account, the User/Purchaser assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account.
12.3. By creating the use of the Content, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated on the Site, existing at the date of creation of the Account and/or use of the Content and/or at the date of placing the Order.
12.4 Simplisio Marketing reserves the right to update and amend the Terms and Conditions of the Site from time to time to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is enforceable against Customers / Users / Buyers from the moment of posting on the Site. In the event of any such changes, we will display on the Site the modified version of the Document, which is why we ask you to periodically check the content of this Document.
12.5. This Website (including, without limitation, any Content or other part thereof) contains general information only, and we do not offer, through this Website, professional advice or services. Before making any decision or taking any action that may affect your finances or business, you should consult a qualified professional adviser.
12.6 This website is provided “as is”, and we make no express or implied representations or warranties with respect to it. Without limiting the foregoing, we do not warrant that this website will be secure, error-free, free of viruses or malicious code, or will meet any particular performance or quality criteria. We expressly disclaim all implied warranties, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and safety.
12.7 Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from such use, including but not limited to loss of service or data. We shall not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages, whether in an action of contract, statute, tort (including, without limitation, negligence), or arising out of the use of this website, even if we know, or ought to know, of the possibility of such damages.
12.8 Certain links on this website may lead to websites, resources, or tools maintained by third parties over which we have no control, including, without limitation, those maintained by other entities within the Simplisio network or the individual staff of such entities. without limiting the foregoing, we make no express or implied representations or warranties with respect to such websites, resources, and tools, and links to such websites, resources and tools should not be construed as an endorsement of them or their content by us.
12.9 The above disclaimers and limitations of liability shall apply not only to us but also to every other entity within the Simplisio network and our and their staff.
12.10 The above disclaimers and limitations of liability shall apply to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence), or otherwise.
12.11. To the maximum extent permitted by applicable law, Simplisio Marketing parties disclaim all liability and shall not be liable for any direct, indirect, incidental, special, consequential, or punitive losses or damages, including without limitation damages for lost profits or revenues, goodwill, work stoppage, security breaches, viruses, computer failure or malfunction, use, data or other intangible losses or commercial damages, even if any of such parties are advised of the possibility of such losses, arising under or in connection with these terms, the site, the use of or inability to use the same, or any other subject matter hereof.
12.12. The maximum extent permitted by applicable law, Simplisio Marketing parties shall not be responsible or liable to you or any other person for any errors or omissions in the websites; any information made available through them; any decision made or action taken in reliance on the websites or the information made available through them; or for any loss or damages – including direct, indirect, consequential, special or similar losses or damages – that arise out of or in connection with your use of the websites or any information or materials obtained by you via or in connection with the websites.
12.13. The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, Simplisio Marketing and Simplisio Marketing Parties exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Websites and any materials you obtain via the Websites save that we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so (including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation).
12.14. You acknowledge and accept that the use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance, and risk of interruption. Accordingly, neither Simplisio Marketing nor any Simplisio Marketing Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security-related vulnerability, or technical or operational failure of any nature.
13.1. To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Simplisio Marketing Parties and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges, expenses and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Your indemnification obligation to Simplisio Marketing Parties includes but is not limited to any instance where one or more of your Submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
13.2. Simplisio Marketing Parties have the right at any time to forego the indemnification and assume the defence of any claim. Notwithstanding the foregoing, it is not the intent of Simplisio Marketing Parties to affect the rights of Simplisio Marketing Parties or their insurers to assume the defense or settlement of any claim against any Simplisio Marketing Party for which insurance coverage is sought under any applicable insurance policy.
14. DISCLAIMERS AND ASSUMPTIONS OF RISK
14.1. Simplisio Marketing makes no representations or warranties about the websites. The websites and all information provided to you via the websites are provided “as is” and “as available”. To the maximum extent permitted by applicable law, Simplisio Marketing parties disclaim all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Simlisio Marketing neither represents nor warrants that the websites, services, and content provided through the websites, or software or information downloaded from the websites will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.
14.2. By making available the websites, Simplisio Marketing is not making an offer of any financial, tax, accounting, legal, or other professional services or goods, and none of the information presented on the websites should be construed as legal, tax, accounting or any other professional advice or service.
14.3. Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these terms consistent with such prohibitions.
15.1. We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will only amend these Terms if the provisions in the Terms are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully-amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such an amended version of these Terms.
16. WRITING COMMENTS, QUESTIONS, AND ANSWERS
16.1. the writing of Reviews, Comments, Questions, and Answers can be done, by Users/Customers/Buyers, in the Comments sections.
16.2. When registering a particular Comment/Question/Answer on the Site, Users/Customers/Buyers grant Simplisio Marketing a non-exclusive, perpetual, irrevocable, territorially unlimited license and give Simplisio Marketing the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
16.3. Each User/Customer/Buyer, at the time of submitting a Comment/Question/Answer, undertakes to comply with the following rules:
- to use only the Romanian language. Words or expressions are allowed which, although not considered Romanian, are widely used in all environments related to the respective field (e.g.: mouse, notebook, plug, and play);
- to use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Customer;
- ensure the correct framing of the content placed on the Site
- ensure that the information they enter is realistic, accurate, non-deceptive and in accordance with applicable laws, including respecting the rights of other parties, copyright, trademark, licensing or other proprietary rights, publicity, or privacy;
- use this facility only to communicate or obtain additional details about a particular product or service on the Site without reference to other companies promoting the sale or purchase of products or services;
- not to provide or request, in any way or to any extent, personal data (contact details, delivery or home address information, telephone numbers, email addresses, first and/or last names, etc.) or any other information that may lead to the disclosure of such personal data;
- not to enter information and/or details of URLs (links) from other commercial sites carrying out the same activity as Simplisio Marketing;
- not to attempt to defraud the services provided by Simplisio Marketing or to enter Reviews/Comments/Questions/Answers containing material of an advertising nature;
- not to use the Review/Comment/Question/Answer as a means of communication with Simplisio Marketing, in this regard the contact details of Simplisio Marketing registered on the Site will be used.
16.4. If Simplisio Marketing finds repeated violations of the Terms and Conditions, Simplisio Marketing reserves the right to suspend the User/Customer/Shopper’s ability to enter Comments/Questions or Answers.
16.5. Simplisio Marketing takes steps to ensure the veracity of Comments on the Site such as the use of filters for bots and the moderation of comments.
17. OUR REMEDIES
17.1. Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites (including your Account, if you are a Registered User), effective at any time, without notice to you if the operation or efficiency of the Websites or our or any third party’s equipment or network is impaired by your use of the Websites; we have received a third-party complaint which relates to your use or misuse of the Websites; you have been or are in breach of any term or condition of these Terms; we are required to do so for legal reasons; or if we have other valid reason to do so. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to the Websites.
18.1. Your use of the Websites, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
19. NO IMPLIED WAIVER
19.1. If you do not comply with these Terms, and we do not take action immediately, this does not mean we or any of the Simplisio Marketing Parties are giving up any rights that we/they may have (such as taking action in the future).
20. LIMITATION PERIOD
Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms:
- by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; and
- by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via this contact form
22. PROCESSING OF PERSONAL DATA
23. COOKIE USAGE
24. FORCE MAJEURE
24.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance in due time and/or properly, wholly, or in part is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
24.2. If within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party shall be entitled to notify the other party of the termination of the contract without either party being entitled to claim any further damages.
25. APPLICABLE LAW – JURISDICTION
25.1. This contract is subject to Romanian law. Any disputes arising between Simplisio Marketing and Users / Buyers shall be settled amicably or, if this is not possible, disputes shall be settled by the competent Romanian courts.
26. ENTIRE AGREEMENT
26.1. These Terms, as amended from time to time, including any and all documents, Websites, rules, Terms, and policies referenced herein, including but not limited to the Privacy Statement, constitute the entire agreement between us and you with respect to your use of the Websites.
27. ADDITIONAL PROVISIONS