Terms and conditions
AGREEMENT REGARDING TERMS
These terms of use constitute a legally binding agreement made between the user, whether an individual or legal entity (“user”), and Enigma Trading 2000 S.R.L. (“Company,” “Enigma,” “epack™,” “we”), regarding access to and use of the website https://epack.ro and other media forms, mobile sites, or mobile applications related to it (defined as “the Site”). The user agrees that by accessing the Site, they have read, understood, and agree to comply with these Terms of Use. IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, THEY ARE PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE USE OF IT.
Additional terms and conditions or documents that may be published on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the “Last Updated” date of these Terms of Use. It is the user’s responsibility to review these Terms of Use to stay informed about any updates.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Site is owned by Enigma Trading 2000 S.R.L. All source codes, databases, software, site design, video, audio files, texts, photographs, and any other graphic materials on the Site (collectively defined as “Content”) and trademarks, logos (collectively defined as “Trademarks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws. Except as expressly provided in these Terms of Use, no part of the Site, Content, or Trademarks may be copied, reproduced, aggregated, republished, updated, publicly displayed, encrypted, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our prior written permission.
Provided that the user is eligible to access the Site, they are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content for which the user has properly gained access exclusively for personal, non-commercial use. We reserve all rights not expressly granted to the user in the Site, Content, and Trademarks.
THE USER
By using the Site, the user represents and warrants that: (1) the user has the legal capacity and agrees to comply with these Terms of Use; (2) the user is not a minor in the jurisdiction where they reside, or if a minor, they have received a parent’s permission to use the Site; (3) the user will not access the Site through automated or non-human means; (4) the user will not use the Site for any illegal or unauthorized purpose; (5) the use of the Site will not violate any applicable law or regulation. If the user provides any false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate the user’s account access and refuse any current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
The user must not access or use the Site for any purpose other than that for which we make the Site available. The Site must not be used in connection with commercial activities except those that are approved by us.
As a user of the Site, you agree to:
Not circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of Content or that impose limitations on the use of the Site and/or its Content.
Not deceive, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information, such as user passwords.
Not misuse support services or submit false reports of abuse or mismanagement.
Not engage in the automated use of the system, using scripts to send automated messages or comments, or use any other data extraction tools.
Not influence or create an unreasonable burden on the Site or the networks or services connected to the Site.
Not impersonate or attempt to impersonate another user or any other person and not use another user’s username.
Not use any information obtained from the Site to harass, abuse, or harm another person.
Not use the Site as part of any effort to compete with us or to use the Site and/or Content for any revenue-generating endeavor or commercial activity.
Not reverse engineer, decompile, disassemble the software that is part of this Site.
Not attempt to circumvent any measures of the Site designed to prevent or restrict access to the Site or any part of the Site.
Not harass, disrupt, intimidate, or threaten any of our employees or agents engaged in providing any part of the Site to the user.
Not remove copyright or other proprietary notices from Content. Not copy or adapt the Site’s software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other codes.
Not disparage, tarnish, or otherwise harm us or our Site.
Not use the Site in a manner inconsistent with any applicable laws or regulations.
SUBMISSIONS
The user acknowledges and agrees that any questions, comments, suggestions, ideas, opinions, or other information related to the Site (“Submissions”) provided by the user to us are not confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will have the right to use and disclose these Submissions without any restrictions for any legal, commercial, or other purposes without any acknowledgment or compensation to the user. By this, the user waives all moral rights to such Submissions and warrants that any Submissions provided are original or that they have the right to submit them.
OTHER SITES AND CONTENT
The Site may contain links to other sites (“Other Sites”), articles, photographs, text, graphics, images, graphic designs, music, sound, video, information, applications, software, or other content and elements that belong to third parties (“Other Content”). These other sites and other content are not monitored or verified by us for accuracy, appropriateness, completeness, and we are not responsible for Third-Party Sites accessed through the Site or any other content published on, available through, or installed from the Site, including content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of Third-Party Sites or other content.
ADMINISTRATION OF THE SITE
We reserve the right, but not the obligation: (1) to monitor the Site for violations of these Terms of Use; (2) to take legal measures against any person who, at our discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) at our discretion and without limitation, refuse, restrict access, limit availability, or disable (to the extent technologically possible) any of the user’s Contributions or any part thereof; (4) at our discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and content that are excessively large and in any way burdensome to our systems; (5) administer the Site in a manner intended to protect the rights and property and facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about the privacy and security of data. We ask users to review the Privacy Policy. By using the Site, the user agrees to comply with the Privacy Policy included in the Terms of Use. The user should note that the Site is hosted in the European Union. If the user accesses the Site from outside the European Union, by continuing to use the Site, the user transfers their data to the European Union and expressly agrees to transfer and process their data in the European Union.
TERMS AND TERMINATION
These Terms of Use remain in effect while the user uses the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO PROHIBIT ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING ANY IP ADDRESSES) OF ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR VIOLATING ANY WARRANTIES OR AGREEMENTS CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE THE USER’S USE OR PARTICIPATION IN THE SITE OR WE MAY DELETE ANY CONTENT OR INFORMATION POSTED BY THE USER, WITHOUT WARNING AND AT OUR DISCRETION.
If we terminate or suspend the user’s account for any reason, they are prohibited from registering and creating a new account under their username, a false name, or the name of a third party, even if the user might act on behalf of third parties. In addition to terminating or suspending the user’s account, we reserve the right to take appropriate legal action, including without limitation pursuing civil or criminal remedies.
CHANGES AND INTERRUPTIONS
We reserve the right to change, modify, or remove content from the Site at any time and for any reason at our discretion and without notice. In any case, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue the Site or any part thereof at any time and without notice. We will not be liable to the user or any third party for any modification, price change, suspension, or discontinuation of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other issues, or perform maintenance on the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to the user. The user agrees that we have no responsibility for any loss, damage, or inconvenience caused by the user’s inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use will be interpreted as obligating us to maintain and support the Site or to provide corrections, updates, or versions in connection with it. These Terms of Use and the user’s use of the Site are governed and interpreted in accordance with the applicable laws of Romania regarding agreements made and to be made entirely in Romania.
DISPUTE RESOLUTION
Any legal action, regardless of nature, brought by the user or us (collectively, the “Parties” and individually, “Party”) will be initiated and pursued in the courts of Romania.
CORRECTIONS
There may be information on this Site that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice. THIS SITE IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTY. THE USER AGREES THAT USE OF THE SITE AND OUR SERVICES IS AT THEIR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE AND ITS USE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF COPYRIGHTS. WE DO NOT GIVE ANY WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (2) ANY PERSONAL LOSSES OR PROPERTY DAMAGES OF ANY KIND RESULTING FROM ACCESSING AND USING THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO AND FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN HORSES, OR OTHER SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING ANY CONTENT PUBLISHED, SENT, OR MADE AVAILABLE IN ANY OTHER WAY THROUGH THE SITE. WE DO NOT GUARANTEE, ENDORSE, AND ARE NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, ANY WEBSITE TO WHICH WE LINK, OR ANY MOBILE APPLICATIONS RECOMMENDED THROUGH BANNERS OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY AND WILL NOT BE RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD PARTIES PROVIDING PRODUCTS OR SERVICES. IN THE EVENT OF PURCHASING PRODUCTS AND SERVICES THROUGH ANY CHANNEL, THE USER MUST EXERCISE BEST JUDGMENT AND ACT WITH CAUTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF THE USER OR THIRD PARTIES, INCLUDING LOSS OF PROFITS, LOST REVENUES, DATA LOSS, OR DAMAGES INCURRED AS A RESULT OF USING THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
The user agrees to defend, indemnify, and hold us harmless, including our affiliates, partners, and all our officers, agents, partners, and employees, from and against any loss, damage, liability, or claim, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of (1) the use of the Site; (2) the violation of these Terms of Use; (3) any breach of the representations and warranties made by the user in these Terms of Use; (4) infringement of any third-party rights, including, but not limited to, intellectual property rights; (5) any visible act harmful to any other user of the Site with whom the user has connected through the Site. Notwithstanding the above, we reserve the right, at the user’s expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify us, and the user agrees to cooperate, at their own expense, with our defense. We will make reasonable efforts to notify the user regarding any such claim, action, or proceeding subject to this indemnity after becoming aware of it.
USER DATA
We will retain certain data that the user transmits to the Site to manage the Site’s performance, as well as data regarding the user’s use of the Site. Although we periodically back up data, the user is solely responsible for all data they transmit or that relates to any activity they have performed using the Site. The user agrees that we will have no liability to them for any loss or corruption of such data and waives any right of action against us arising from any loss or corruption of this data.
COMMUNICATIONS, TRANSACTIONS, AND ELECTRONIC SIGNATURES
Visiting the Site, sending emails, and completing online forms constitute electronic communications. The user agrees to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided electronically via email or on the Site satisfy any legal requirements. BY THIS, THE USER AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER ELECTRONIC RECORDS AND ALSO AGREES TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. By this, the user waives any rights or requirements under any statute, rules, regulations, or other laws from any jurisdiction that requires an original signature or the delivery or retention of non-electronic records or payments.
MISCELLANEOUS
These Terms of Use and any other policies or operating rules posted by us on the Site or in connection with the Site constitute the entire agreement and understanding between us and the user. Our failure to exercise or enforce any right or provision of these Terms of Use will not act as a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable or responsible for any loss, damage, delay, or failure to act caused by any situation that exceeds our reasonable control. In the event that any provision or part of a provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision or part of a provision is deemed separable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No partnership, employment, or agency relationship is created between us and the user as a result of these Terms of Use or the use of the Site. The user agrees that these Terms of Use will not be interpreted against us by virtue of having been drafted by us. By this, the user waives all defenses they may have based on the electronic form of these Terms of Use and the lack of signing by the parties involved to enforce these Terms of Use.
CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us using the contact form.
Enigma Trading 2000 S.R.L.