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Terms of Use

LAVACOW

OUR TERMS OF USE

Version dated – March 2014

THE FOLLOWING TERMS & CONDITIONS (“TERMS OF USE”) GOVERN YOUR USE OF OUR WEBSITE. ADDITIONAL TERMS AND CONDITIONS WILL APPLY TO SELLERS, BIDDERS OR BUYERS WHO SIGN UP TO USE OUR AUCTION SERVICES.

1. Who We Are

The Lavacow website (‘Site) is owned and operated by Lavacow S.R.L, incorporated in Bucharest, registered with the Trade Register under number J40/9523/30.07.2013, having Sole Registration Code RO32079313, with registered office in 5, C.A. Rosetti Street, 1st District, Bucharest, 010281  (the terms ‘us’ ‘our’ and ‘we’ being construed accordingly).

2. About these Terms of Use

a. These Terms of Use are subject to Romanian law. To the maximum extent legally permitted, you agree that any dispute relating to the Site or any issue referred to under these Terms of Use is subject to the exclusive jurisdiction of the courts of Romania and any proceedings relating to a dispute shall be in the Romanian language.

b. Please note that we may amend or modify these Terms of Use from time to time and you should therefore re-visit this page from time to time to ensure that you have seen the latest version.

c. Please note that your access to this Site or any of our services may be terminated by us at any time (with or without notice) if we have reason to believe that you have breached any of these Terms of Use.

3. Our Respective Obligations

a. We agree to provide you with access to our Site in accordance with these Terms of Use, however we cannot guarantee that this Site will function or be available on an uninterrupted or error free basis.

b. Where you sign-up to participate in auctions or receive other services available through this Site (‘Services’) you will be provided with log-in information and may have the ability to set passwords to allow you to access a personal account page. Where we do so, it is on the condition that you will be responsible for ensuring that such log-in information and any passwords are kept secure and confidential at all times. You will not share any log-in information or passwords, without our express authorisation. We cannot be responsible for any loss or damage caused by your negligence, misuse of log-in details or your decision to share account access with others.

c. When using our Services or our Site, you will act lawfully and not abuse, tease, bluff or act in any way likely to cause offence or annoyance. You will not act in any way that interferes with the lawful operation of the Site or Services or which in our reasonable opinion has (or is likely to have) an adverse impact on our business, goodwill or other users of the Site.

d. Without prejudice to our other rights and remedies, we may suspend your access to any part of our Site or Services at any time without liability, if in our reasonable opinion such action is necessary to protect our Site or other users of the Site from any harm or damage (whether potential or actual).

4. Our Intellectual Property Rights

a. You acknowledge that all intellectual property rights (including, without limitation, rights in relation to inventions, copyright and related rights, trade marks, rights in designs, database rights and other similar proprietary rights, whether present or future, registered or unregistered and existing anywhere in the world) in relation to the Services and any Content made available on this Site belong to us (or our licensors). Except as expressly set out under these Terms of Use, you are granted no right or interest in relation to any of the Services or Content.

b. Other than as is expressly referred to in this these Terms of Use, you must not copy, modify, distribute, broadcast, publicly display, share or make available, republish, frame, link to, upload, stream or commercially exploit any of the Content or Services appearing on our Site without our prior written consent.

c. Where you choose to submit, upload, post or provide us with any information relating to you, from which you can be identified (‘Personal Data’), this will be stored and used in accordance with our Privacy Policy. You consent to us processing your data (including any Personal Data or any third party data) as may be reasonably required for the purposes of us providing Services.

5. User Generated Content

a. Where you disclose, supply, post or make any information, comments or data available to us or to the public generally through this Site (‘User Generated Content’) you grant us a worldwide, non-exclusive, royalty free licence to make such User Generated Content available on our Site and let other service users view such User Generated Content.

b. To the extent that you supply, display, post, upload or make available any User Generated Content such User Generated Content shall be lawful. You warrant and undertake that such User Generated Content shall not be defamatory, offensive, and obscene or made available in breach of any obligations of data protection, privacy or confidence.

c. You shall not use any areas of the Site where User Generated Content may be posted for any illegal or immoral purposes or for the posting of commercial messages.

d. Unless stated otherwise, we do not screen, edit, or monitor User Generated Content prior to its appearance on our Site although we reserve the right to review and remove any User Generated Content which we consider in our discretion to breach of these Terms of Use.

e. To the fullest extent permitted by applicable law, we exclude all liability for User Generated Content or for any damages, losses or expenses resulting from its use.

f. You hereby represent and warrant that you have all necessary rights to disclose or make such User Generated Content available on this Site and that our hosting of such User Generated Content does not infringe any intellectual property rights or other rights of third parties.

6. Disclaimers and Exclusions

1. You accept that unless explicitly stated otherwise:

a. any Content appearing on this Site is not intended to constitute advice. You have full responsibility for how you choose to use any Content;

b. although we use reasonable efforts to check the suitability of any Content, we cannot accept any liability for any omissions or errors in any Content or in relation to any Content being out of date;

c. we cannot be liable where any of this Site, Content or any Services are not available due to technical problems or other reasons beyond our control;

d. on occasion, we may also update or make other changes to this Site and any Content as we deem appropriate; 

e. where we provide links to any other third party website this is for information only. Such links are not to be treated as endorsements by us of any business, product or service appearing on such third party websites and we accept no liability for your use of these websites, which will be subject to their own terms and conditions.

2. To the fullest extent permitted by applicable law, we exclude liability (on our own behalf and on behalf of our officers, employees, agents, licensors and suppliers) for any (i) indirect, incidental, special, exemplary or consequential damages; or (ii) any lost profits, revenue or anticipated savings, contracts, business interruption, loss of data or other economic loss (whether direct or indirect) howsoever arising (even if we have been advised of the possibility of such damages, losses or expenses) arising out of or in connection with your use of this our Site, Services, Content or linked third party sites. You assume responsibility for your own data back up and maintaining proper anti-virus software or other screening tools on your computer or mobile device (as may be necessary from time to time) to protect it against data loss, cyber attack or other threats.

3. Except as expressly set out in these Terms of Use, we disclaim all representations, warranties, terms or conditions in relation to the Services or Content provided on this site (whether express or implied by statute, common law, collaterally or otherwise), including but not limited to implied warranties, conditions or terms of satisfactory quality for particular purpose. This will not affect such rights that you have under applicable law, to the extent that they cannot be limited or excluded by contract.

4. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of other parts of these Terms of Use which, to the maximum extent possible, will remain in full force and effect as if the invalid portion of the Terms of Use had been removed.

7. Transfer

a. You accept that we may assign or transfer some or all of our rights under these Terms of Use and subcontract or licence some or all our obligations in relation to provision, hosting and delivery of the Site, Content or any Services.

b. We may also publish additional terms and conditions or policies related to specific services or in relation to any specific Content. Your right to use such services or Content will be subject to any other terms communicated to you when you sign-up to receive them.


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