Version dated – March 2014
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).
3. Our Respective Obligations
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
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.
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.
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.