Terms and Conditions

1. General terms

This document, containing the terms and conditions of use of the website https://vivaliv.ro/ (hereinafter the “Terms and Conditions”), sets out the conditions under which any person may visit or access the website https://vivaliv.ro/ or use in any way the services offered through the Site.

For the purposes of these Terms and Conditions: “Site” means the website https://vivaliv.ro/; “Service” means any service offered on the Site and/or any module or component thereof; “User” means any person who visits or accesses the Site, creates an account on the Site, or wishes to use in any way or actually uses the Service.

Failure to accept these Terms and Conditions, or any provision thereof, as worded herein, obliges the User to immediately stop accessing the Site; continued access to or visiting of the Site, of any of its pages and/or use of the Service, as well as of any component thereof, constitutes full and unconditional acceptance of the Terms and Conditions and of each of their provisions.

By registering, the User fully and unconditionally accepts the provisions of these Terms and Conditions and agrees to use the Service in strict compliance with them. Users understand and accept that the use, as well as any continued access to or visiting of the Site, of any of its pages and/or use of the Service, as well as of any component thereof, constitutes full and unconditional acceptance of the Terms and Conditions and of each of their provisions; failure by the aforementioned Users to accept the Terms and Conditions obliges them to immediately stop accessing the Site.

2. Rights to the Site Content

The content and graphic elements of the Site, including but not limited to all text content and any other material transmitted in any form by and to Users (through direct viewing on the Site, through newsletters or through any other materials directly or indirectly related to the Site), belong to the Site Administrator and its partners and constitute the Site Content. By way of derogation from the preceding provision, the following do not belong to the Site Administrator or its partners: materials for which the Site indicates another rights holder, owner or source, and opinions and/or comments of any kind expressed by Site Users that are posted on the Site or concern the Site Content in general.

Where Site Content, regardless of where it appears on the Site and regardless of its type, is taken over by the Site Administrator from other producers/issuers of content or materials in text, image, graphic or video format, without being limited to these, such taking over is carried out in compliance with the legal provisions and rules applicable in such cases.

Users understand and accept that all information, data and materials posted on the Site are for informational and guidance purposes only, and that the Site Administrator cannot under any circumstances and in any way be held liable for the truthfulness and validity of the Site Content, or for any legal effect arising from its use.

The response received after completing the mini-consultation form does not have the value of an actual consultation, and the Site Administrator cannot be held liable for this informal response, which serves a purely informational purpose.

Users undertake to respect all copyrights and related rights and any other intellectual property rights that the Site Administrator and its partners hold over or in connection with the Site, its Content, the Service, any module or component thereof, or in connection with their use. Users understand and accept that, should they breach any of the above provisions to any extent, they may be held liable to the authors/owners of the Site Content.

The Site Content, regardless of where it appears on the Site and regardless of its type, may be used exclusively for personal purposes, defined under this document as purely non-commercial purposes, without any direct or indirect intention of obtaining profits or gains of any kind from such use. Any use of the content by third parties for purposes other than personal ones may be made only with the express, prior written consent of the Site Administrator.

Copying, taking over, reproducing, publishing, transmitting, selling or distributing, in whole or in part, in full or in modified form, the content of this Site or any part thereof for any purposes other than personal ones is prohibited; the Site Administrator reserves the right to take legal action against any person and/or entity that breaches the above provisions in any way. Requests to use the Site Content for any purposes other than personal ones may be sent to office@vivaliv.ro.

Any persons who send information or materials to the Site in any way undertake not to infringe in any way the copyrights that a third party might claim in connection with the materials and information sent to the Site in any way, and persons who send information or materials in any way understand and accept that any breach of this obligation cannot in any way engage the liability of the Site Administrator, but only the liability of the persons concerned.

Users who send information or materials to the Site in any way agree to assign exclusively, for an unlimited term and for all territories, at the moment they send them to the Site Administrator, all rights to use, adapt, modify and/or retransmit the content they contribute or post on the Site. The Site Administrator cannot be held responsible for any damage caused by content posted or uploaded on the Site or in any of its modules (such as, but not limited to, the order or mini-consultation form) by any person, regardless of the section, service or feature to which that content belongs.

Any persons who send information, comments, opinions or materials to the Site in any way undertake not to harm other Users in any way through the information, comments and materials they send, and accept and understand that they alone can be held liable for the truthfulness, validity and accuracy of the information, comments, opinions and materials, including but not limited to the legal consequences related to their use.

It is strictly prohibited to post on the Site any content, including but not limited to materials, comments, images and video sequences, that uses obscene or vulgar language, contains illegal, threatening, abusive or indecent text, racist or chauvinistic messages, or that could discriminate against any persons in any way, or that would infringe any other human rights and freedoms under the legislation in force.

Users understand and accept that, in the event of a breach in any way and to any extent of any of the provisions of the Terms and Conditions, the Site Administrator may decide at its discretion not to publish any content sent by the User for posting on the Site, or to modify such content in any way, without any prior warning or notice and without any other formalities being required in this regard.

Users understand and accept that the Site provides them only with a platform for information and communication and that they alone are responsible for any materials, data and information posted on the Site, regardless of the form and the section in which they appear (for example blog, avatar, comments, etc., but not limited to these), and for any legal and/or commercial effects arising from them.

3. Personal data protection notice

On May 25, 2018, the General Data Protection Regulation (GDPR), EU Regulation 2016/679, entered into force across the EU.

By using this website and/or our services, you agree to the processing of your personal data as described in this privacy policy.

We undertake to follow these principles for the protection and processing of personal data:

• Processing is lawful, fair and transparent. Our processing activities have legal grounds. We always consider your rights before processing personal data. We will provide you with information about the processing upon request.
• Processing is limited in purpose. Our processing activities correspond to the purpose for which the personal data was collected.
• Processing is carried out with minimal data. We collect and process only the minimum amount of personal data required for any purpose.
• Processing is limited to a period of 10 years. We will not store personal data for longer than necessary or than provided for by other laws.
• We will do our best to ensure the accuracy of the data.
• We will do our best to ensure the integrity and confidentiality of the data.

We use your personal data for:

• managing commercial and contractual relationships, identifying customer needs and meeting them with tailored solutions, to the benefit of both our customers and our company;
• fulfilling an obligation under the law or a contract;
• the company’s internal reports and statistics.

Based on the conclusion of a contract or the performance of contractual obligations, we will process your personal data for the following purposes:

• to identify you;
• to provide you with a service or to send/offer you a product;
• to communicate with you, for sales or invoicing purposes;
• in the company’s internal reports and statistics.

With your consent, we will process your personal data, where applicable, for the following purposes:

• to send you newsletters and/or offers in various marketing campaigns;
• for other purposes for which we have asked for your consent.

We process your personal data to fulfill obligations arising from the law and/or to use your personal data for the options provided by law. We keep your billing information and other information collected about you for as long as necessary for accounting purposes or for other obligations arising from legal deadlines, but no longer than 5 years.

We process personal data until:

• customers fall outside our target group;
• we close the business;
• we mutually decide that our collaboration is no longer valuable.

We will inform you of any further processing and purposes.

At the same time, the User has the right to object to the processing of personal data concerning them and to request the deletion of the data. To exercise these rights, each User may submit a written request to this effect and send it by email to: office@vivaliv.ro.

4. Links to other websites

Users understand and accept that the Site may contain links or references to other websites, including personal websites (blogs), the websites of product and/or service providers to which the advertising banners posted on the Site point, or advertising microsites, without being limited to these, which the Site Administrator considers useful in connection with the Site Content but which are not under its control or direction.

The Site Administrator is released from any liability regarding the content of or opinions expressed on all the aforementioned websites, as well as their correctness and accuracy, and Users understand and accept that these websites are not monitored, controlled or verified in any way by the Site Administrator. The inclusion of a link or reference to other websites does not imply any endorsement of them by the Site Administrator. When Users access these websites, they do so at their own risk, knowing that the use of the services offered by these websites is subject to the conditions set by the administrators of those websites.

5. Limitation of liability

The Site Administrator does not assume any obligation and does not provide any implied or express warranty for the content of any kind on the Site, or for the entire content provided by Users. The Site Administrator will make all reasonable efforts to ensure the accuracy and reliability of the Site and will try to correct errors and omissions as quickly as possible.

The Site Administrator offers no warranties of any kind and assumes no liability for the Site Content, and under no circumstances can it be held liable for any loss or damage that may result from the use of any part, sequence or module of the Content on the Site or from the inability to use it, regardless of the cause, or from the misinterpretation of any provisions of the Site Content.

Users understand and accept that the operation of the Site may be affected by certain objective conditions, and that any services offered through the Site are provided on an “as is” and “as available” basis, and Users use these services at their own risk. Consequently, the Site Administrator cannot be held liable for any information and data in the Site Content, including but not limited to text, images, video sequences, avatars, blogs or any other activity related to their use, nor for any other legal effect arising from them.

Users understand and accept that the Site Administrator is released from any liability in the event of any stoppage, interruption, slowdown, malfunction or error in the operation of the Site, as well as in any situation in which it is not proven with certainty that any of the technical errors or problems mentioned above are directly and exclusively due to the gross negligence of the Site Administrator.

Users expressly understand and accept that the Site Administrator is released from any liability for any kind of direct or indirect damages, including but not limited to loss of profit, goodwill or other intangible losses, resulting from the use of the Site Content in any way or from any legal effects arising from such use.

Users understand and accept that the Site Administrator is released from any liability for advertising messages posted on or through the Site, as well as for the goods or services provided by the authors of these advertising messages.

In cases of force majeure, the Site Administrator and/or its operators, directors, employees, subunits, secondary offices and representatives are fully exempt from liability. Cases of force majeure include, but are not limited to, malfunctions of the Site Administrator’s technical equipment, failure of the internet connection, failure of telephone connections, computer viruses, cyberattacks of any kind and interference by malicious software, unauthorized access to the Site’s systems, operating errors, strikes, etc.

Users agree to protect, secure and fully indemnify the Site Administrator and/or its operators, directors, employees, subunits, secondary offices and representatives from and against any claims, demands, actions, charges, losses, damages, costs (including, without any limitation, the fees of lawyers, experts and consultants or bailiffs, and court, notary or enforcement fees), expenses, judgments, decisions, fines, settlements or other obligations resulting from or related to any other action of the User in connection with the improper use of the Service/Site or any other aspect related to the Service/Site.

6. Governing law. Disputes

The rights and obligations of Users and of the Site Administrator under the Terms and Conditions, as well as all legal effects produced by the Terms and Conditions, will be interpreted and governed in accordance with Romanian law in force. Any dispute arising from or in connection with the Terms and Conditions will be settled amicably. If no agreement can be reached, the dispute will be settled by the competent Romanian court within the territorial jurisdiction of the municipality of Iași.

7. Changes to the Terms and Conditions

The Site Administrator has the right to amend at any time and in any way any of the provisions of the Terms and Conditions, or the Terms and Conditions in their entirety, without any prior notice and without being obliged to complete any other formality toward Users. Any amendment will be deemed fully and unconditionally accepted by any User through the simple use of or access to any feature offered by the Site or the Service, or through accessing the Site, at any time after the amendment takes effect, and failure to accept any amendment obliges the User concerned to immediately stop accessing the Site and/or using the Service in any way.