Terms & conditions

1. Sites and Site Operators

1.1. www.identiq.ro is operated by S.C. Tud Medical Expert S.R.L., with its registered office in Bucuresti, sector 2, Bd. Dacia nr. 85, ap. 9A, registered with the Trade Register under no. J40/8421/2012, CUI 30457200, represented by Tudor Ovidiu Constantin, ADMINISTRATOR.

In this document, the term "Site" is understood as, and refers to, any part of the listed Site(s) and/or of the content thereof.

1.2. Your legal relationship is with the entity S.C. Tud Medical Expert S.R.L. which operates the site you are visiting, unless expressly stated otherwise elsewhere.

2. Subject Matter and Acceptance of the Terms of Use

2.1. Your access to and use of our Site are subject to and governed by all applicable laws and regulations and these terms and conditions of use, including any policies or other conditions mentioned in this document and available on the Site, as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully. If you do not agree with them, please do not use our Site. If you continue to use our Site, we will consider that you have accepted these Terms of Use. Before providing us with personal data (including your e-mail address) through our Site, you will be specifically asked to accept the Terms of Use. By accepting the Terms of Use, you agree to comply with the Terms of Use in the version published on our Site at the time of your visit.

2.2. We reserve the right to make changes at any time to our Site and to the Terms of Use by posting them on our Site, without any other notice. Important changes will be communicated in the manner deemed appropriate. Make sure you re-read the Terms of Use regularly because if you access or use this Site you will be deemed to have agreed to the Terms of Use in the version published on our Site at the time of your visit.

3. Cookies

When you visit our Site for the first time, we specifically bring to your attention the fact that we use cookies. By continuing to use our Site, you accept and agree to the Cookie Policy. We will continue to bring this to your attention each time you visit our Site, until you confirm that you have taken note of it.

4. Confidentiality

By using our Site, you are deemed to have accepted our Privacy Policy. Before providing us with personal data (including your e-mail address) through our Site, you will be expressly asked to accept this policy.

5. Transactions Concluded Through the Site – Terms of Supply

Transactions for the supply of products concluded through or as a result of your visits to our Site are governed by our Terms of Supply. Before completing the order, you will be specifically asked to accept these terms.

6. Availability and Defects

6.1. Our Site will not always be available and may have certain errors. It is provided on an "as is" and "as available" basis, and, to the extent permitted by law, without warranties, conditions or guarantees of any kind.

6.2. We have no obligation to update the information on our Site, except where otherwise provided by the legislation in force. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Site and/or the information, materials, products and/or services available through it.

7. Property, Trademarks, Copyright and Software

7.1. "Identiq" and other signs, logos and service names are registered trademarks of S.C. Tud Medical Expert S.R.L. of Romania. The trademarks of S.C. Tud Medical Expert S.R.L. must under no circumstances be used in connection with any product or service that is not related to S.C. Tud Medical Expert S.R.L., unless prior written authorisation is obtained principally from S.C. Tud Medical Expert S.R.L. or unless this is permitted under these Terms of Use. All other trademarks that are not owned by S.C. Tud Medical Expert S.R.L. but which appear on this Site are the property of their holder, who may or may not be connected with, in a contractual relationship with, or sponsored by S.C. Tud Medical Expert S.R.L.

7.2. Unless otherwise provided, our Site, including all its content, such as the design, text, graphics, logos, images, audio clips, as well as other aspects related to the site and to the content respectively, are protected by the rules of copyright and other intellectual property laws in force and represent the property of S.C. Tud Medical Expert S.R.L. or of its affiliates or of the providers of the respective content. S.C. Tud Medical Expert S.R.L. and/or any of their affiliated companies are the owner (or, as the case may be, the licensee) of all intellectual property and other property rights over or in relation to our Site. All these rights are reserved.

7.3. Your posting on our Site does not constitute a waiver by us of any right over or in connection with the Site. Apart from those expressly granted in this document, you do not acquire any right, title or interest over or in connection with our Site.

7.4. All software programs used on this Site are the property of S.C. Tud Medical Expert S.R.L. and/or of any company affiliated with the company, unless open source software has been used. All the software content, its development and the software as a whole are protected by copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or execution of the content of this site is not permitted without obtaining the prior written consent of S.C. Tud Medical Expert S.R.L.

8. Use of Our Site

8.1. We grant you a limited right to access and use our Site for your own use. You are not allowed: (i) to reproduce, duplicate, copy, sell, retransmit, distribute or exploit our Site, including any part of its content for any purpose, without obtaining our prior written consent; (ii) to collect the product lists, descriptions or product prices; (iii) to make derivative use of our Site or its content; (iv) to download or copy information for the benefit of another business; and/or (v) to use data extraction tools, robots or similar data collection and extraction tools.

8.2. You have the right to print reasonable copies and to download extracts from any page(s) on our Site. You must not modify in any way the paper or digital copies that you have printed or downloaded, and you must not use any illustration, photograph, video or audio sequence or any graphic format separately from any accompanying text.

8.3. You are not allowed to abuse our Site by knowingly introducing viruses or other materials that are malicious or technologically harmful, by attempting to obtain unauthorised access to our Site, or by attacking our Site through a denial of service attack (DdoS denial of service attack). A breach of this provision may constitute a criminal offence and we may report you to the competent authorities for such acts, without prejudice to other legal means available to recover the damages we have suffered.

8.4. Access to or use of our Site (or the information, materials, products and/or services on our Site) may be prohibited by law in certain countries or jurisdictions. You are responsible for complying with all applicable laws and regulations of the country from which our Site is accessed. We do not warrant in any way that our Site (or the information, materials, products and/or services on our Site) is suitable or available for use in locations outside Romania.

8.5. We reserve the right to suspend or cancel access to our Site (or parts thereof) at any time, in particular if we consider that you are using our Site in any way that is contrary to any of these Terms of Use or in a harmful manner. If you print, copy or download any part of our Site and/or use these copies or parts of our Site in breach of these Terms of Use, you must, at our choice, return or destroy the copies of the materials that you have made and, in the case of destruction, provide evidence thereof.

9. We reserve the right to restrict access to our Site or parts thereof to visitors who have registered, except where otherwise provided by the legislation in force.

10. Materials Submitted by You

10.1. We may grant the users of our Site the possibility to post content or comments regarding, or to submit materials for publication in, various areas of our Site. In this case, we do not approve, endorse, support, sanction or encourage any such content, comments or materials and we have no obligation to examine, monitor or verify them for accuracy, completeness or compliance with the legislation in force. We assume no responsibility or liability for such content, comments or material, except in cases expressly provided by law.

10.2. If you post content or comments or if you submit materials for publication in any of the areas of our Site, including photographs:

you grant us a non-exclusive, perpetual (or, if a perpetual licence is not permitted by the applicable legislation, a licence for the maximum term permitted by the legislation in force), royalty-free licence, a worldwide licence to use, reproduce, publish, republish, transmit and broadcast (and to grant sub-licences to use, reproduce, publish, republish, transmit and broadcast) such content, comments or materials in any format (including printed and electronic) for the purpose of operating our Site, in order to promote us, to promote our Site and our products and services; you ensure that this content, these comments or material are not illegal, threatening, defamatory, obscene, pornographic or profane or that they could not constitute or encourage conduct that would be considered a criminal offence or a breach of the law, and you must not post materials that are deliberately intended to disturb other users; you will not be paid for the content, comments or materials posted or submitted for publication; you ensure that this content, these comments or materials represent your own original work and/or that you hold the copyright and any other relevant rights or that you have received these rights; if the material is photographic or graphic material, you yourself must have conceived the photograph(s) or created the graphic material yourself or have had the permission of, or been authorised by, the owner of the photograph(s) and/or the graphic material and must have obtained the consent of all persons appearing in them where such persons can be clearly identified; and we may publish your name alongside any photograph(s) or graphic material submitted by you, but we may edit or delete any comment that you submit together with them.

10.3. We reserve the right to refuse, suspend, terminate or otherwise remove the publication of such content, comments or materials, including photographs or graphic documents posted or submitted by you; this right must not be interpreted as an approval by us or as a responsibility towards this content, these comments or other materials, regardless of whether or not we exercise this right. We further reserve the right to make additions to or removals from the text or graphics (including editing any photograph or any graphic material), for the purpose of promoting ourselves, our Site, our products and services or for the purpose of protecting our interests, those of our affiliates, employees, business partners, users or other third parties; if we make such additions or removals, we are responsible for them and for the text or graphics in the form modified by us.

10.4. You agree to indemnify us for any liabilities, claims, expenses, losses or other damages that we may incur as a result of the publication of content, comments or materials posted or submitted by you on our site.

11. Third-Party Sites

Our Site may contain links to Sites operated by third parties ("Third-Party Sites"). These links are intended to provide additional information only. The inclusion on our Site of any link to a Third-Party Site does not mean that we approve, endorse or accept responsibility for that Third-Party Site, its content or its use, or the use of the products or services made available through it. We are not obliged to filter and monitor and we have not investigated or monitored any Third-Party Site for accuracy, completeness or compliance with the legislation in force. We are not responsible for any damages or losses caused as a result of your use of the Site or your reliance on these Third-Party Sites. You use these Third-Party Sites at your own risk. All the terms and conditions and policies of the Third-Party Sites that you access will apply to you while you browse these sites and we recommend that you check those terms and conditions.

12. Hyperlinks to Our Site

12.1. You may create a hyperlink to our Site from another site or document without our prior written consent, subject to the conditions set out in this section (Hyperlinks to Our Site).

12.2. No such hyperlink shall create a frame or any other browser or closed environment around the content of our Site; shall imply that we approve your products or services or any of the products or services of the site on which you insert the link to our Site, or made available through it; shall display any of the trademarks used on our Site, without our permission or that of the holder of that trademark; shall be placed on a site that has illegal, threatening, defamatory, obscene, pornographic or profane content or that could constitute or encourage conduct that could be considered a criminal offence or a breach of any law or that, in the sole interpretation of www.identiq.ro, harms or may harm the interests or reputation of www.identiq.ro or of the firms with which we work (or our and their products and/or services); or shall portray us or the affiliated companies or the firms with which we work (or their products and/or services) in a false, misleading, pejorative, or offensive manner.

12.3. You are solely responsible for the site on which you insert a link to our Site and for any observation or impression created regarding us or our Site.

12.4. You are solely responsible for bringing these Terms of Use to the attention of the persons who access our site through the link. Any person who connects to our Site through your link is obliged to comply with these Terms of Use.

12.5. We reserve the right to request at any time, at our discretion, for any reason, that any link you create to our Site from another site or document be removed. In this case, S.C. Tud Medical Expert S.R.L. or any of the affiliates operating a Site will send by e-mail a termination notice to the registered name mentioned at your registration of the site's domain name or to any e-mail address provided on your site. Upon receipt of a notice from www.identiq.ro, you will remove the link within three (3) days and you will not include a link to it or to another site of www.identiq.ro on your site or on the site of a person associated with you.

13. Exclusion and Limitation of Our Liability

13.1. Subject to the following section, we, in our own capacity and on behalf of our affiliates, exclude any liability (whether on a contractual basis or on any other basis) arising from or in connection with the access to or use of our Site or of any website to which it is linked, to the extent permitted by the legislation in force. This exclusion applies to, but is not limited to:

• losses caused by the unavailability of the Site or by technical defects of the Site; loss of data;
• losses caused by a denial of service attack, viruses or other technologically harmful materials; loss of revenue or profit or of anticipated savings; and losses resulting from circumstances beyond our reasonable control and losses that are not reasonably foreseeable.

14. We do not seek (and none of these Terms of Use is intended for this purpose) to exclude or limit liability, nor does any exclusion or limitation of liability apply in the following cases: losses or damages caused by fraud, intentional wrongdoing or deception committed with intent by us; liability which, under the consumer protection laws in force or product liability, cannot be excluded (however these laws are denominated); any other liability that cannot be excluded or limited in accordance with the legislation in force.

15. Your Liability and the Obligation to Indemnify

You agree to be liable towards us and our affiliates for damages and losses and to indemnify us and our affiliates and to hold us harmless from any other claim or demand relating to or arising from the breach of these Terms of Use.

16. Contact, Written Communications, Notices, Questions or Complaints

16.1. We may contact you by post, e-mail, short messages (SMS), alert notifications or telephone, or we provide you with information by posting it on our Site.

16.2. All your notices addressed to us must be made by letter or e-mail to: (i) the Customer Service (the contact details provided on our Site) or (ii) the operator of the Site (the contact details provided at the beginning of these Terms of Use or in the Terms of Supply).

16.3. We may send you an individual notice either to the e-mail address or the postal address provided or, in the case of a general notice sent to all our users or clients, by posting information on our Site in an appropriate manner.

16.4 For the provision of the notification service, it will be sufficient to prove, (i) in the case of a letter, that this letter was properly addressed, stamped and deposited at the post office, (ii) in the case of an e-mail, that this e-mail was sent to the recipient's specified e-mail address, and (iii) in the case of the posting of information on our Site, that this information was properly provided, having regard to the content of the information

16.5. Applicable laws require that some of the communications we send you be in writing. By using our Site, you accept that you will communicate with us principally by electronic means. For contractual reasons, you agree to these electronic means of communication and you agree that all contracts, notices, information and other communications that we transmit to you will comply with the legal requirements according to which these communications are to be made in writing, except where the applicable legislation does not permit this agreement. Both we and you further agree to recognise, in our mutual relations, as handwritten written communications, (i) the period of validity of electronic signatures in accordance with the applicable legislation and (ii) any information in electronic format, added to or logically associated with an electronic statement in order to indicate the author, including the use of a certain profile, except where the applicable legislation does not permit these recognitions.

16.6. For easier guidance, www.identiq.ro makes available a direct communication system through a contact form, which, however, does not qualify as legally binding information or communications for users or as an official Customer Service point.

16.7. If you have questions or complaints regarding our terms and conditions, a www.identiq.ro product or service or any other aspect, please contact the Customer Service (the contact details are displayed on our Site) or write to the operator of the Site (the contact details are provided at the beginning of the Terms of Use and the Terms of Supply).

17. Miscellaneous

17.1. Transfer of rights and obligations: The rights and obligations arising from our activity and from your access to and use of our Site are binding both on you and on us as well as on our successors and assignees. Except where the legislation in force provides otherwise, you may not transfer, assign or otherwise dispose of any of your rights or obligations, in particular payment obligations, without our prior written consent. We may at any time transfer, assign, sub-contract or otherwise dispose of the operation of the Site or of parts thereof or of any of the rights or obligations arising from it, in which case we are not released from responsibility for the performance of our obligation as far as you are concerned, but the assignee enters into these relations in the capacity of co-debtor.

17.2. Waiver: No waiver by us of any of the provisions of these Terms of Use shall take effect unless it is expressly stated to be a waiver and unless you are notified in writing.

17.3. Nullity: In the event that a competent court or authority decides that any of the provisions of these Terms of Use is invalid, illegal or unenforceable under the applicable law, that provision will be modified and interpreted so as to best achieve the objectives of the original provision to the extent permitted by law. The remaining provisions will remain in force.

17.4. Entire Agreement: These Terms of Use contain the entire understanding between you and us regarding the use of our Site. No representation or statement, oral or written, that is not included in the Terms of Use will be binding on you or on us unless it has been mutually agreed in writing between you and us.

18. Complaints (including copyright complaints) regarding user contributions

If we grant users the possibility to post content or comments or to submit materials for publication in various areas of our Site, we cannot know the content of every comment or review displayed on our Site. We carry out our activity on the principle of "notice and take-down". In the event that you consider that any comment or review displayed on our Site contains a defamatory statement, constitutes an infringement of copyright or of other rights, please notify us of this immediately in writing or by e-mail to the Customer Service at the contact details displayed on our Site and, if possible, provide us with materials that prove your complaint.

19. Complaints and out-of-court remedies

If a dispute between S.C. Tud Medical Expert S.R.L. and a consumer cannot be resolved amicably, the parties have the right to address an arbitration commission, the court or a consumer protection authority for its resolution.

20. Choice of Law and Jurisdiction

These Terms of Use and all matters arising from or related to these terms and this Site, including its content, will be governed by the law of the country as indicated below. The courts of the same country have exclusive jurisdiction in resolving the dispute that could arise from or in connection with these Terms of Use.