GENERAL TERMS

This document contains the terms and conditions of use of the website www.enlightensmiles.ro (hereinafter referred to as “Terms and Conditions”) and establishes the conditions under which any person may visit or access the website www.enlightensmiles.ro, or may use in any way the services offered through the Website.

For the purposes of the Terms and Conditions: “Site” hereinafter means the website www.enlightensmiles.ro; “Site Administrator” hereinafter means SC ENLIGHTEN SMILES RO SRL. with headquarters at Str. Amiral Horia Măcelariu no. 55, sector 1, Bucharest; “Service” means any service offered on the Site, and/or any module or component thereof; “User” hereinafter means any person who visits or accesses the Site, who creates an account on the Site or who wishes to use in any way or actually uses the Service.

Failure to accept these Terms and Conditions or any provision thereof, as they are formulated in this act, entails the User's obligation to immediately cease accessing the Site; continued access or visit to the Site, any page thereof and/or use of the Service, as well as any component thereof, constitutes full and unconditional acceptance of the Terms and Conditions and any provision thereof.

By registering, the User fully and unconditionally accepts the provisions of these Terms and Conditions and agrees to use the Service in strict accordance with them. Users understand and accept that the use as well as any further access or visit to the Site, any page thereof and/or the use of the Service, as well as any component thereof, constitutes a full and unconditional acceptance of the Terms and Conditions and any provision thereof; failure to accept the Terms and Conditions by the Users mentioned above entails their obligation to immediately cease accessing the Site.

RIGHTS OVER 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 represent the content of the Site. By way of derogation from the previous provision, those materials for which another rights holder, or another owner or another source has been indicated on the Site, do not belong to the Site Administrator or its partners, nor the opinions and/or comments of any kind expressed by the Site Users posted on the Site or regarding the Site Content in general. In cases where the Site Content, regardless of the area in which it is located on the Site and regardless of the type, is taken over by the Site Administrator from other producers / issuers of content or materials in the form of text, images, graphics, video sequences, but not 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, materials posted on the Site are for informational and indicative purposes only, and that the Site Administrator cannot be held liable under any circumstances or in any way for the veracity and validity of the Site Content, or for any legal effect arising from its use.

 The response received as a result of completing the mini-consultation form does not have the value of a real consultation and the Site Administrator cannot be held liable for this informal response, as it is purely for informational purposes and in no way constitutes adequate medical treatment.

Users undertake to respect all copyrights and related rights and any other intellectual property rights that the Site Administrator and its partners hold over/in relation to the Site, its Content, the Service, any module or component thereof or in relation to their use. Users understand and accept that in case of violation of 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 the area in which it is located on the Site and regardless of the type, may be used exclusively for personal purposes, defined according to this document as purely non-commercial purposes, without any direct or indirect intention to obtain profits or gains of any kind from such use. Any use of content by third parties for any purposes other than personal ones may be made only with the express and prior written consent of the Site Administrator.

It is prohibited to copy, take over, reproduce, publish, transmit, sell, distribute in whole or in part, in whole or in modified form the content of this Site or any part thereof for any other purposes than personal ones; The Site Administrator reserves the right to take legal action against any person and/or entity that violates the above provisions in any way. Requests for use of the Site content for any other purposes than personal ones can be sent to the following address: SC ENLIGHTEN SMILES RO SRL with headquarters at Str. Amiral Horia Măcelariu no. 55, sector 1, Bucharest; with the mention “For the ENLIGHTEN SMILES team” or by any of the methods indicated on the Contact page of the Site. Any person who sends information or materials to the Site in any way assumes the obligation not to prejudice in any way the copyrights that a third party may invoke in connection with the materials and information transmitted in any way to the Site, and the person who sends information or materials in any way understands and accepts that any violation of this obligation cannot in any way engage the Site Administrator's liability, but only the liability of the respective persons.

Users who send information or materials to the Site in any way agree to exclusively assign, for an unlimited period and in all territories, at the time of sending 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 damages caused by the content posted or uploaded on the Site or in any of its modules (such as, but not limited to the order form or mini-consultation) on the Site by any person, regardless of which section, service or facility the said content belongs to. Any person who sends in any way information, comments, opinions, or materials to the Site undertakes not to harm other Users in any way through the information, comments, and materials sent, and accepts and understands that they are the only ones who can be held liable for the truthfulness, validity, and correctness 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, video sequences, that have obscene or vulgar language, contain illegal, threatening, abusive, indecent texts, racist, chauvinistic messages, or that could discriminate against any person in any way, or that would violate any other human rights and freedoms according to the legislation in force.

Users understand and accept that in the event of any violation in any way and to any extent of any of the provisions of the Terms and Conditions, the Site Administrator may choose at its discretion not to publish any content sent by the User for posting to the Site or to modify such content in any way, without any prior warnings or notifications and without any other formalities being required in this regard. Users understand and accept that the Site only offers them an information and communication platform and that they alone are responsible for any materials, data and information posted on the Site regardless of the form and part in which they appear (for example, blog, avatar, comments, etc., but not limited to these) and for any legal and / or commercial effects deriving from them.

LINKS TO OTHER SITES

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 or advertising microsites are directed, but not limited to these, which are considered useful by the Site Administrator in connection with the Site Content, but which are not under its control or guidance.

The Site Administrator is absolved of any liability regarding the content 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 their approval in any way 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 established by the administrators of these websites.

LIMITATION OF LIABILITY

The Site Administrator assumes no liability and does not guarantee, implicitly or expressly, the content of any kind on the Site, or for all content provided by Users. The Site Administrator will make all reasonable efforts to ensure the accuracy and reliability of the Site and will attempt to correct errors and omissions as quickly as possible. 

The Site Administrator does not provide any guarantees or 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, mode of the Content on the Site or from the impossibility of using it, regardless of its 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, as well as that any services offered through the Site are offered 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 use, as well as any other legal effect deriving from them.

Users understand and accept that the Site Administrator is absolved of any liability in the event of any stoppage, interruption, difficulty, malfunction or error in the operation of the Site, as well as in any situation in which it is not proven that any errors or technical problems mentioned above are directly and exclusively due to the serious fault of the Site Administrator.

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

Users understand and accept that the Site Administrator is absolved of any liability for advertising messages posted on the Site or through the Service, 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 completely exempt from liability. Cases of force majeure include, but are not limited to, malfunctions of the Site Administrator's technical equipment, lack of internet connection, lack of telephone connections, computer viruses, computer attacks of any kind and interference with malicious computer programs, unauthorized access to the Site's systems, operating errors, strikes, etc.

Users agree to protect, insure and fully indemnify the Site Administrator and/or its operators, directors, employees, subunits, secondary offices and representatives from and against any requests, claims, actions, impositions, losses, damages, costs (including, without limitation, attorneys', experts' and consultants' or executors' fees, judicial, notary or enforcement fees), expenses, judgments, decisions, fines, regularizations 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 matter in connection with the Service/Site.

APPLICABLE LAW. DISPUTES

The rights and obligations of the Users and the Site Administrator, provided for by the Terms and Conditions, as well as all legal effects produced by the Terms and Conditions, will be interpreted and governed in accordance with the Romanian law in force. Any dispute arising from or in connection with the Terms and Conditions will be resolved amicably. In case of impossibility of reaching an agreement, the dispute will be resolved by the competent Romanian court located within the territorial jurisdiction of the municipality of Bucharest.

MODIFICATION OF TERMS AND CONDITIONS

The Site Administrator has the right to modify 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 fulfill any other formality towards the Users. Any modification will be considered to be fully and unconditionally accepted by any of the Users by simply using or accessing any facility offered by the Site or the Service, or by accessing the Site, occurring at any time after the modification is made, and failure to accept any modification entails the obligation of the respective User to immediately cease accessing the Site and/or using the Service in any way.