I. INTRODUCTION
This document makes available to you, as user of the https://xbyascendis.com/ website (the „Site”), the regulation regarding the terms and conditions („Terms and Conditions”) for the use of this Site.
The https://xbyascendis.com/ Site is operated by ASCENDIS CONSULTING S.R.L., with its registered office at No. 2B, ION IONESCU DE LA BRAD Street, District 1, Bucharest, “Gabrielle Center” Office Complex, ground floor, section I, room 2, registered at the Commerce Register under no. J40/3140/1997, VAT tax no. 9398288, hereinafter referred to as the “Site Holder”.
Using the Site (including the access, browsing and use of the Contact form of the Site) represents an implicit agreement of compliance with the terms and conditions set out within the hereby document, and with all the effects and consequences arising thereof.
In order to be able to use the Site, one needs to be at least 18 years old and agree to the use of cookies. The cookies policy is part of the hereby Terms and Conditions and it is available in a separate document, available at the following link: https://xbyascendis.com/cookie-policy
Should you not agree with the hereby Terms and Conditions or with part thereof, please do not use the Site.
II. DEFINITIONS
“Content of the Site” – all information which may be viewed and/or accessed on the Site by using an electronic device supporting Internet connection.
“Contract” – the remote contract made between the Site Holder and you, as User, in the absence of concurrent physical attendance, pursuant to the express acceptance of the previsions within the hereby Terms and Conditions.
“Personal Data” or “Data” – any information in connection with you, as User, allowing for your direct or indirect identification, including but without limitation to, surname, first name, email etc., and which is provided by you for the purpose of browsing on the Site and/or communicating with the Site Holder, forwarding opinions and suggestions.
“Newsletter” – Any news, information, novelty we can forward to you, provided you expressly consented it and you provided your email address by having filled in the Contact Form on the Site.
„Site” – the https://xbyascendis.com/ domain and its sub-domains.
“User/Users” – Any natural person acting on their behalf and/or on behalf of a registered legal entity, and who browses, and/or reads and/or uses the Site, and/or fills in the Contact Form on the Site, and/or subscribes to the Newsletter.
III. ACCEPTING THE TERMS AND CONDITIONS AND MAKING THE CONTRACT
The object of the Contract, as set out between you, as a User, and the Site Holder, consists of making available to you the Content of the Site, for information purposes and to communicate with the Site Holder. Your Contract is deemed performed, pursuant to the provisions hereunder.
Should the conditions listed hereunder be cumulatively met, you expressly and unequivocally convey your consent on making the Contract, having as object the use of the Site, pursuant to the provisions of the hereby Terms and Conditions, as well as the Privacy Policy.
In order to adequately use and access the Site, the following conditions must be cumulatively met:
a) To be at least 18 years old;
b) To carefully go through the hereby Terms and Conditions, Cookies Policy and Privacy Policy and to express your consent on them by checking the box: “The User expressly agrees with the hereby Terms and Conditions, Cookies Policy and Privacy Policy.”
IV. PRICE OF THE CONTRACT
Using the Site is free of charge. However, it is possible that costs imposed by the internet operator or by the mobile telephony provider may incur, such as Internet connection and browsing fees. The payment of such costs is the responsibility of the Users and do not involve the Site Holder in any way.
V. AMENDING THESE TERMS AND CONDITIONS
We reserve the right of amending at any time the Terms and Conditions of use and/or the Privacy Policy, as well as the operation mode of the Site. The amendments of the hereby Terms and Conditions and/or Privacy Policy will come into force as of the date of their upload and publishing on the Site. Before the amended Terms and Conditions come into force, you will be informed as such via a pop-up announcement which will occur when you access the Site.
Upon the amendments of the Terms and Conditions taking effect, your express agreement will be requested, with regard to the new provisions of the Terms and Conditions.
Should you not want to accept the hereby Terms and Conditions and the Privacy Policy, including their amendments and/or upgrades, you have to stop using the Site.
VI. YOUR OBLIGATIONS AS A USER
In order to use the Site, you have to provide full, accurate and real information, based on the way you use the Site and pursuant to the requirements of the forms displayed on the Site.
You hereby state that you fully undertake the responsibility for all and any of the activities performed via the Site. By accessing the Site, you are responsible for all actions arising from using it. We are not liable for the errors resulting from the User’s negligence regarding the security and the privacy of the data uploaded on the Site.
VII. PERSONAL DATA PROTECTION
Our Privacy Policy, which is part of the hereby Terms and Conditions, describes in detail how we collect, use and process your information when you are browsing the Site and/or you use the Contact Form, as well as your full rights regarding your personal data and it is available in a separate document, available at the following link https://xbyascendis.com/privacy-policy.
VIII. INTELLECTUAL PROPERTY RIGHTS
By using the Site, you agree not to affect or interfere in any way with the security elements of the Site, with the elements preventing or restricting the use, copying content or elements enforcing the use limits of the Site or its content.
The Site, its components, its graphic elements, as well as the Content of the Site are owned by the Site Holder or their partners and you, as a User, acknowledge that you have no right on them, except for the limited right of using the Site, pursuant to the hereby Terms and Conditions.
You also acknowledge that the Site Holder does not take responsibility for the veracity of the intellectual property rights held by third parties or for any other information available to Users within the Site, pursuant to the agreement between the Site Holder and third parties, the latter being liable for the information and/or materials forwarded to the Site Holder.
You are compelled to comply with all the intellectual property rights of the Site Holder, as well as with those of the third parties promoted or specified within the Site, as provided in the applicable legislation. As User, you are not permitted to use any picture, trademark or sign belonging to the Site Holder or to third parties, unless you obtained their prior written consent.
You can view, download and print pages of the Site for your personal use only, subject to restrictions provided in hereunder or in any other clauses of the hereby document. Any use of the Content, for purposes other than personal, can be performed only pursuant to the prior written consent of the Site Holder and by indicating the information source. To this end, you are forbidden:
(i) to republish the Site’s material (including republishing them on other online and/or offline websites or platforms);
(ii) to sell, lease or sub-license the Site’s materials;
(iii) to publicly disclose any of the Site’s materials;
(iv) to replicate, copy or exploit the Site’s materials for commercial purposes;
(v) to create databases using the Content of the Site;
(vi) to share the Site’s materials, except for the content specifically created or expressly made available for sharing.
The applications to use the content of the Site for purposes other than personal may be forwarded in compliance with the bellow Notifications section.
These Terms and Conditions do not guarantee any right, title or interest regarding the Site, the content held by other persons and published on the Site, trademarks, logos or other intellectual property rights held by the Site Holder and/or by its trade partners and/or by third parties.
Taking into account that we seek to improve your experience of the Site, we encourage your opinions and suggestions; however, we may use your opinions or suggestions without any kind of commitment. Opinions and suggestions may be forwarded by using the postal and email addresses pursuant to the Notifications sections bellow.
Should the hereby section be breached, we reserve the right to block your access to the Site, as well as to request from you other remedies under the law.
IX. GOVERNING LAW
By using the Site, you agree that the Romanian legislation will govern (i) the hereby Terms and Conditions of use and (ii) any dispute of any kind which may arise between you and the Site Holder or their associates/partners/affiliates. In case of potential conflicts, there will be made attempts to firstly resolve them amicably, and should the amicable settlement not be possible, the dispute with be settled by the appropriate Court with jurisdiction at the Site Holder’s office address, pursuant to Romanian legislation into force.
X. DISCLAIMER
We make our best endeavors for the Site’s continuous operation; however, occasional interruptions may occur on the Site. Should maintenance labor be required and should the Site be unavailable due to maintenance works, we will inform you upon accessing the Site.
We shall not be liable for Internet/network failures, and particularly not for failures resulting in the unavailability of the Site, that is due to technical or any other errors outside our control, for instance force majeure events, the fault of third parties etc.
We shall not liable for inaccurate and/or false Personal Data provided by the Users, and particularly not for those provided by minors for the purpose of creating the appearance of being at least 18 years old, in order to use the Site.
You acknowledge that we don’t have any control or the obligation of taking any action regarding:
(i) your interpretation or use of the Content of the Site;
(ii) the actions you take following your accessing the Content of the Site;
(iii) the content or the accuracy, the compliance with the copyright, legality or decency of the materials/information of the links redirecting to various sites, including to those of our commercial partners, their privacy policy and their terms and conditions, as posted on their respective sites. Your prior referral to the legal terms and the other information referring to collecting the personal data is recommended. The standards laid out within this text apply only in the case of information collected from this Site;
(iv) prejudices resulting from errors, inaccuracy or the lack of update of the information posted on the Site, originating from external sources;
(v) prejudices resulting from the failure of the Site, as well as for those resulting from the impossibility to access certain links published on the Site.
We are not liable for any indirect or consequential damage resulting from the using or the incapacity to use the Site. You acknowledge that we are not responsible for any loss, costs, lawsuits, claims, expenses or other obligations, should they be directly caused by non-compliance with the hereby Terms and Conditions.
XI. WAIVER
No circumstance whatsoever in which the Site Holder does not promptly act to enforce one of their rights will be deemed as a waiver of that right or its enforcement.
Should one of the provisions under the hereby Terms and Conditions will prove invalid or without effect, the other provisions will not be affected by it, remaining in full force and effect, and are interpreted in the broadest sense allowed by law.
As per the above, the invalid provision or lacking effect will be replaced by another one, legally acceptable, which will have legal effects closest to the intention of the Site Holder. The above mentioned also apply to omissions.
XII. FORCE MAJEURE AND OTHER UNFORSEEN EVENTS
None of the parties of the hereby Contract will be liable for the failure to comply or the inadequate compliance, partially or in full, of any obligation under the contract, should the compliance with such obligation have been prevented as a result of an act of God, a technical malfunction or an unpredictable or unavoidable event, beyond the control of the party claiming the force majeure.
Force majeure events include, but are not limited to, war, revolution, embargo, earthquake, serious terrorism acts, floods, fire, serious piracy attacks, serious malfunctions of the Internet network, strike and the illegal cease of labor, any compulsory draft of law preventing the activity of the parties.
XIII. BREACH OF THE HEREBY TERMS AND CONDITIONS
Should you breach the hereby Terms and Conditions in any way or should we reasonably suspect that you breached the hereby Terms and Conditions, we may:
(i) forward you one or more formal warnings;
(ii) temporary suspend your access to the Site;
(iii) permanently ban your access to the Site;
(iv) block the access to the Site for the technical devices using your IP address;
(v) contact one or all Internet service providers to require them that you access to the Site be blocked;
(vi) undertake legal action against you.
Should we suspend, ban or block your access to the Site or to a part of the Site, you must not take any action to prevent such suspension, ban or blockage.
XIV. SERVICE AVAILABILITY. NOTIFICATIONS
The Site Holder reserves the right to modify at any time the structure and the interface of any page or sub-page within the Site, being entitled to temporary or permanently discontinue, part or all of the services provided to you via the Site, without prior individual or general notice.
Should you have any questions or queries in connection with the hereby Terms and Conditions, you may contact us by the dedicated contact form or at the bellow:
(i) by post: No. 2B, Ion Ionescu de la Brad Blvd., Bucharest, 013813, Romania;
(ii) by phone: +40 21 206 64 29;
(iii) by e-mail: office@ascendis.ro
We hereby inform you that we will undergo marketing activities and we will send you marketing information, following your expressing of consent by ticking the box “The User expressly agrees with receiving marketing information from the Site Holder”.
You can amend your option in connection with the consent issued, regarding your reception of marketing information, by:
(i) forwarding a notification at the aforementioned e-mail address;
(ii) accessing the unsubscribe link posted in the message we sent you.
□ The User expressly agrees to receiving marketing information from the Site Holder.
□ The User expressly agrees to the hereby Terms and Condition and the Privacy Policy.
□ The User expressly agrees to the Cookies Policy.
