These Terms (the "Terms", "Terms and Conditions") apply to qubiz.com, the website(our "Service", our “Site”) operated by SC Qubiz SRL (“Qubiz”,"us", "we",or "our"). Please read these Terms and Conditions carefully before you start to use our Site, as these will apply to your use of our Site. By using our Site, you confirm that you accept these Terms andConditions and that you agree to comply with them. If you do not agree to these Terms, please refrain from using our Site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of our Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Site.

1. Security

Our Site uses SSL (SecureSockets Layer protocol) to protect your personal information. SSL is a security function for the purpose of protecting personal information and other important information exchanged over the Internet from interception by third parties.

2. Personal Information

Our Privacy Policy applies to use of our Site, and the Terms are made a part of these Terms and Conditions by this reference. To view Our Privacy Policy, click here.

3. Cookies

Our Cookie Policy applies to use of our Site, and the Terms are made a part of these Terms and Conditions by this reference.

4. Duties of Our Site User

In accessing or using our Site, you shall not:

     
  • 1. harm other persons or infringe their personal rights;
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  • 2. breach public morality in its manner of use;
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  • 3. violate any intellectual property right or any other proprietary right;
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  • 4. upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
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  • 5. transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
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  • 6. distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter,      pyramid game or similar activity.

We may deny access to our Site at any time, in particular if you breach any obligation arising from these Terms and Conditions.

We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

5. Linking to our Site

Operators of other websites are, as a general rule, free to include links to our Site. However, we assume no responsibility for the content of any third-party websites linked to or from our Site. The scope of our Site is limited to pages with the domain name “qubiz.com”. Links to pages outside this scope should be made only after confirming the policy of the respective sites.

The following practices are strictly forbidden.

     
  • 1. Linking to our Site from a website with content slanderous of or otherwise injurious to the company or its products or harmful to its reputation.
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  • 2. Linking to our Site from a website with content that goes against the public order and morals.
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  • 3. Linking to our Site from a website containing illegal content, or involved in or likely to be involved in illegal activity.
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  • 4. Using a frame or other means to disguise the fact that the displayed content is from our Site.

6. Logo Guidelines

Use of the Qubiz logo shall be agreed to abide by the following guidelines.

  • 1. The logo PNG image shall be used only for linking to our Site.
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  • 2. The user shall acknowledge the rights of Qubiz to the logo and shall make no claims regarding those rights.
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  • 3. Use of the Qubiz logo to link to our Site does not entitle the owner of the linking website to any privilege or      consideration by Qubiz, nor shall any such representation be made.
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  • 4. The logo PNG image shall be used exactly in the form provided, without making any alterations.
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  • 5. We reserve the right to discontinue allowing the use of the Qubiz logo at any time, and have the right to alter its shape and design.

7. Disclaimers

The content on our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

We may update and change our Site from time to time. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

We are not responsible for websites we link to. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

By using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

We will not be liable to you for any loss or damage, arising out of or in connection with your access to, or use of our Site, its features or any information made available through our Site, even if advised in advance of such damages or losses, to the extent permitted by applicable law.

WE DO NOT PROMISE THAT OUR SITE OR ANY CONTENT, SERVICEOR FEATURE OF OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTSWILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS.OUR SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"BASIS. ALL INFORMATION PROVIDED ON OUR SITE IS SUBJECT TO CHANGE WITHOUTNOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OURSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OFACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCTOF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SITEAND/OR ANY OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OURSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITHOUR SITE OR ANY CONTENT IS TO STOP USING OUR SITE OR ANY SUCH CONTENT. THISLIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at anytime, without notice:

     
  • 1. to modify, suspend or terminate operation of or access to our Site, or any portion of our Site, for any reason
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  • 2. to modify or change our Site, or any portion of our Site, and any applicable policies or Terms
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  • 3. to interrupt the operation of our Site, or any portion of our Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. Limitation of Liability

Except where prohibited by law, in no event will Qubiz be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. 

9. Indemnity

You agree to indemnify and hold Qubiz, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of our Site.

10. Intellectual Property Rights

Unless specifically stated to the contrary, copyright, trademark, brand names and other contents of all documents, images, pictures, software, and other content provided on our Site (“Intellectual Property”) belongs to Qubiz or to third parties that have granted rights thereof to Qubiz.

11. Miscellaneous

If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that theseTerms shall remain in full force and effect.

These Terms andConditions constitute the entire agreement between you and Qubiz with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Qubiz with respect to such use are hereby superseded and cancelled. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

12. Applicable Laws and Jurisdiction

These Terms and Conditions shall be governed by - and all disputes relating to or in connection with these Terms and Conditions or their subject matter shall be resolved in accordance with - the laws of Romania, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Romanian Courts in any and all disputes, controversies or differences arising out of and/or relating to this Site.