Terms and Conditions
1. Who we are:
Us, the owner and legal operator of the "Businessverse" Platform, means the commercial company Businessverse, a Romanian legal entity, established as a limited liability company, with its registered office in Valea Mare-Podgoria Village, Ștefănești Town, Morii Street, no.156H.
The company has the unique registration code 46757823 and is registered with the Trade Register of the Arges Court under number J03/2407/2022.
2. Definition of some terms used:
"Beneficiary" - means a legal person, under private law, a professional within the meaning of the provisions of Article 3 of the Romanian Civil Code in conjunction with the provisions of Article 8 of Law 71/2011.
"User" – means a natural person, acting as administrator, an authorized representative or an employee of the Beneficiary and acting in relation to this Platform exclusively as a legal representative/empowered representative/employee of a legal entity that has the title of Beneficiary in this context and operates a user account associated to the Beneficiary's account within the "Businessverse" Platform, exclusively on behalf and in the interest of the Beneficiary.
"Tariff plan" - means one of the types of subscription that allows access to different sets of Businessverse Platform services for a monthly or annual fee.
"Beneficiary Account" - means the digital account, associated with a Beneficiary, by means of which the Beneficiary securely accesses the "Businessverse" Platform and identifies itself in relation to the other Beneficiaries, and by means of which it can use all the services offered by the Platform and included in the purchased tariff plan.
"User Account" - means the digital account of a natural person acting as a legal representative/empowered representative/employee/agent of a Beneficiary, associated with the Beneficiary's account on the "Businessverse" Platform, exclusively on behalf and in the interest of the Beneficiary, which contains the contact and identification data of that natural person and through which it is possible to securely access the services offered to the Beneficiary by the "Businessverse" Platform.
"Account Administrator" - means the first User account registered by a Beneficiary of the "Businessverse" Platform, which has the right to both manage the Beneficiary's account and to send out invitations in order to create additional User accounts or to modify or delete other User accounts associated with a Beneficiary’s account within the "Businessverse" Platform.
"Business Opportunities" - means any business offers submitted by a Beneficiary of the Businessverse Platform to other Beneficiaries of the Businessverse Platform via the Businessverse Platform and which comply with both the applicable laws of the country or territory in which the offeror operates and the rules of use of the Businessverse Platform (abbreviated as "T&Cs").
3. User’s and Beneficiary’s Acceptance of T&Cs
You, the natural person, herein referred to as the "User", acting in relation with us for the purpose of accessing and using the services offered by us through the "Businessverse" Platform, exclusively in your capacity as a legal representative/empowered representative/employee/agent of a legal entity, herein referred to as the "Beneficiary", give your express consent both in your personal name and in the name of the legal entity you represent, and expressly accept the provisions described in the content of these rules of use of the Platform consisting of the "Terms & Conditions" (rules abbreviated as "T&C"), the "Policy on the use of personal data" and the "Policy on the use of cookies or similar modules" as well as any other additional acts or documents necessary for accessing additional services currently available or that will be available in the future.
All of the aforementioned documents listed above form the non-negotiable rules that determine the content of our commercial offer, which, by registering on this Platform, called "Businessverse", is unconditionally accepted by you, in the sense that these rules acquire contractual force, constituting the sole contract concluded between the Beneficiary, i.e. the legal person on whose behalf you are acting and who accepts them expressly and without reservation, in the sense that they produce the intended legal effects and they define the framework of the legal relationship established between Professionals, i.e. the "Businessverse" Platform, on one hand, and the "Beneficiary" and its representatives/substitutes, on the other hand, for the use of this Platform and, thus, of the provided services.
4. Withdrawal of User and/or Beneficiary consent
If at any time, you, the legal entity – the Beneficiary, no longer agree with the present T&Cs for access and use of our services, as a result you will no longer be able to use the services provided by us on the "Businessverse" Platform, in which sense you may, at any time, terminate your Beneficiary account and, implicitly, all the User accounts connected to your Beneficiary account.
Also, if you, the natural person - the User, no longer agree with the present rules of access and use of our services, you may terminate your User account at any time.
If at the time you decide to terminate your User account you are also the Administrator of the Beneficiary’s account, the termination will only become effective after you have completed the procedure required for the transfer of the Administrator status to another User account associated with the Beneficiary's account.
5. User’s Statement
You, the natural person, herein referred to as "User", acting in relation to us and in order to access and use the services offered by us through the "Businessverse" Platform, exclusively in your capacity as legal representative/empowered representative/employee/agent of a legal entity, herein referred to as "Beneficiary", hereby declare on your own responsibility, knowing that false statements constitute a violation of the law and these rules, that you are at least 18 years of age and have the authority, or where applicable, the necessary authorization, of the legal entity that will act as the Beneficiary, in order to establish a legal relationship between the Beneficiary that you represent and on whose behalf you are acting, on the one hand, and us, on the other.
6. Beneficiary’s Statement
You, the legal entity, herein referred to as the "Beneficiary", incorporated and operating in accordance with the applicable rules of the country in which you have your principal place of business, hereby declare that the person or, as the case may be, the natural persons, acting in relation to us for the purpose of accessing and using the services offered by us through the "Businessverse" Platform, holding User accounts associated with your Beneficiary account, have all the necessary authority or, as the case may be, the necessary authorization from you to do so, and that as soon as one or more of these persons no longer have the necessary authority or, as the case may be, the necessary authorization, you will do what is necessary to stop their access to the associated account, and otherwise you shall assume any consequences arising from such case.
7. What is “Businessverse”
"Businessverse" is a set of digital services offered for use to the Beneficiaries, through the use of the digital solution, embodied in the form of a visual user interface, generically referred to as "Platform", accessible at https://businessverse.eu.
This Platform can be accessed and used, in accordance with the present rules, either by means of a test account, limited in time in terms of duration of use and/or functionality, or through a paid account corresponding to one of the tariff plans predetermined by us.
The same may include any specific software applications, regardless of the operating system with which they are compatible, developed by or for the legal owner and operator of the "Businessverse" Platform, for the purpose of accessing the digital services offered to Beneficiaries under the name "Businessverse" or any variation of this name.
8. Intended Purpose of the Platform
The digital services offered by the legal owner of this Platform are made available to Beneficiaries and the Users acting on behalf of and for Beneficiaries, as defined herein, for the purpose of facilitating the provision of business opportunities to other Beneficiaries, members of the Platform, and identifying and accessing business opportunities offered by other Beneficiaries, members of the Platform.
At the same time, by using the services of the "Businessverse" Platform, Beneficiaries have the possibility to promote themselves and connect with other Beneficiaries interested in potential commercial exchanges with a view to offering and purchasing products and services, identifying financing and attracting investment, including in the form of opportunities to take over other companies through specific merger and acquisition procedures.
Last but not least, the Businessverse Platform aims to facilitate the exchange of ideas and professional dialogue through the creation of discussion groups on professional business areas, where Beneficiaries can choose to join such groups and contribute to the exchange of ideas and opinions on specific topics.
9. Criteria for access to the Platform’s services
In order for a legal entity to become a Beneficiary of the services offered by us on the "Businessverse" Platform and thus acquire secure access to these services, whether access is through an account with limited access for testing the services or a full functionality account, according to one of the purchased tariff plans, it must be a corporate entity or a private professional, in the sense of the provisions of Article 3 of the Romanian Civil Code in conjunction with the provisions of Article 8 of Law 71/2011.
10. Registration
In order to register and create a Beneficiary account and implicitly the first User account, the natural person, which is the first User, must access the registration form at https://businessverse.eu and provide a minimum set of data consisting of the User's first and last name, telephone number, e-mail address, the position held by the User within the Beneficiary's administrative structure, the official name of the Beneficiary, the Tax Identification Code, the Commercial Registry Code and the full address of the Beneficiary's (main) registered office.
11. The verification process
After the creation of the User account, the User will be contacted by a representative of the "Businessverse" Platform in order to conduct checks on three different levels, namely:
a) Verification of the User's personal data - At this stage, the natural person acting as User will provide documents proving his/her identity (Identity Card/Passport/Driver's License) and will participate in a secure video-identification session.
b) Verification of the Beneficiary's identification data - At this stage the verification of documents provided by the User on behalf and for the account of the Beneficiary and proving the identity of the Beneficiary, such as Certificate of Registration, Extract from the Trade Registry or other equivalent documents issued by the competent authorities of the country where the Beneficiary has its main office and which prove its existence and legal status will be carried out.
c) Verification of the relationship between the User and the Beneficiary - At this stage, the relationship between the User and the Beneficiary will be verified by providing a specific document such as an appointment note or a power of attorney or another
document showing the power of representation in relation to the "Businessverse" Platform granted to the User by the Beneficiary, which document must be signed and sealed by a legal representative of the Beneficiary. If the User is himself a legal representative of the Beneficiary, proof shall be provided by means of a certificate, information sheet or extract from the Commercial Register at the Beneficiary's registered office.
Thus, in order for a natural person to become a Platform User, he/she must occupy a certain type of position within the Beneficiary's corporate and/or administrative structure, i.e. hold the status of Associate or Director/Manager (C Level) or be expressly authorized to represent the Beneficiary by a person holding one of these prerogatives.
Once these verification steps have been completed but before the account is actually activated, it will be necessary to complete the Beneficiary's profile with additional information such as physical address and a brief description of the business profile, the usual field(s) of activity and other relevant data for a better understanding by other Beneficiaries of your company and the advantages of doing business with your company.
12. Account activation
Upon completion of the three verification stages, after validation by us of the information provided, the Beneficiary's account and the associated accounts of the first User, acting on its behalf, will become active within the "Businessverse" Platform, and will benefit from access to the Platform's services on the basis of a test account, limited in time in terms of duration of use and/or functionality.
In addition, during the time between the activation of the test account and the expiry of the validity period of the test account, the first User, Administrator of the Beneficiary's account, will be able to purchase one of the available tariff plans using one of the available payment methods.
13. Account administrator
The first registered User of a Beneficiary will also have the role of "Account Administrator" for that Beneficiary and all User accounts associated with that Beneficiary's account.
The first user is the one who, by virtue of being the administrator of the Beneficiary's account, will be able to send invitations to create additional User accounts, as well as to modify or delete other User accounts associated with a Beneficiary account within the "Businessverse" Platform.
This status may be transferred by the User who holds it to another User or, at the express request of the Beneficiary, the status of "Account Administrator" may be transferred to another User associated with the Beneficiary's account by us.
14. Types of services
The types of services provided and their related tariff plans are configured and structured according to the discretionary will of the owner/operator of the "Businessverse" Platform, who is required to offer a particular type of service only for the period during which that type of service was previously purchased by a Beneficiary, until the end of the active period, without any obligation to maintain or accept the extension of that type of service or tariff plan after the end of said active period.
15. Payment for services
The purchase of the services the Beneficiary is provided access to is carried out by selecting a price plan from the User account associated with a Beneficiary account that also acts as the Beneficiary's account administrator and using one of the payment methods made available for this purpose by the "Businessverse" Platform.
The purchase of any tariff plan shall be made exclusively in the name of and for the Beneficiary on whose behalf the User is acting and may not be assigned, transferred or transmitted in any other manner to any other natural or legal person, public or private.
16. Active period
The active period is the period during which access to the services of the Businessverse Platform is possible through a test account, limited in time in terms of duration of use and/or functionality, or through an account corresponding to one of the pre-established tariff plans purchased by the Beneficiary.
During this active period, the Beneficiary has access to all the services of the "Businessverse" Platform, in accordance with the specifics of each tariff plan purchased, and to the business opportunities promoted by other Beneficiaries through the "Businessverse" Platform.
If, at the end of the trial period or at the end of the period corresponding to a paid tariff plan, the Beneficiary chooses not to extend his/her access to the services of the "Businessverse" Platform, his/her account and associated profile will become non-public to the other members of the "Businessverse" Platform and the Beneficiary will no longer be able to view the information published by the other Beneficiaries and will no longer be able to contact them.
After a period of 12 months has elapsed, the Beneficiary's account and associated User accounts will be deleted by us without the possibility of recovery.
17. Acceptable use of platform services
The use of the digital services made available to the Beneficiaries through the "Businessverse" Platform is permitted exclusively for the purposes set out in point 8 of these Terms & Conditions and its use for any other purpose, not expressly permitted by these rules of use or which are likely to infringe the law, is prohibited and entails both personal and strict liability, civil or criminal liability, as the case may be, of the Beneficiary and/or the User who acts in breach of these rules, which may result in the suspension of the related accounts on the "Businessverse" Platform or even the permanent termination of access to the Platform's services, without the possibility of reimbursement of the sums paid in advance for the purchase of a tariff plan.
18. Limiting or suspending access to services during checks
In the event that the Beneficiary or one or more of the Users associated with a Beneficiary account violates any of the rules of use of the "Businessverse" Platform, their access to the services offered through the platform may be limited or suspended temporarily, at our discretion, until the outcome of the checks carried out by us in relation to these breaches of the terms, whether these checks are triggered as a result of a complaint made by another Beneficiary/User, a public authority, a person subject to whistleblower legislation or directly by us as a result of a direct internal report of any breach of the terms.
19. Completion of checks. Consequences
Upon completion of the verifications, during which the Beneficiary's and/or User's access to the services of the "Businessverse" Platform has been limited or totally suspended, we will conclude whether the Platform's rules have been violated and depending on our conclusions we will decide on restoring the Beneficiary's and/or User's access to the services of the "Businessverse" Platform or on deactivating the account if we consider that such a sanction is justified, taking into account criteria such as the nature of the violation, the seriousness of the violation, the number of persons affected and the repetitiveness of such conduct.
Two account suspensions, for offences of the same nature, automatically result in the deactivation of the account of the Beneficiary or Users who have breached the rules of the "Businessverse" Platform and, therefore, of our agreement.
20. Deactivation of the Beneficiary's account. Loss of Beneficiary/User status
If we decide to deactivate your Beneficiary account, this will automatically lead to the permanent loss of access to the "Businessverse" Platform for the legal entity, but also to the deactivation of all User accounts associated with your deactivated Beneficiary account.
Such a situation will also result in the definitive loss of the status of Beneficiary, without the possibility of refunding the amounts paid in advance for the purchase of one of the tariff plans or other additional services, insofar as they exist, regardless of the remaining active period relating to the tariff plan purchased prior to the loss of status.
In the event that we decide to deactivate one or more User accounts without deactivating the Beneficiary's account, we will only deactivate the relevant sanctioned User accounts, and such Users will not be able to reopen those accounts or open new accounts on the Platform, but the Beneficiary may open other User accounts associated with their account.
21. Data deletion
In the eventuality that we deactivate your Beneficiary account or in the event that you decide to give up your Beneficiary membership of our services, we will store only those data whose
retention is required by applicable legal provisions such as financial and accounting legislation or legislation on the prevention and combating of money laundering or similar.
In any case, in both of the aforementioned situations, we will ensure that your data is no longer visible and accessible within the "Businessverse" Platform to any of our Beneficiaries and Users, but will be securely archived and will be available only to those employees or collaborators who may have access to it on a need-to-know basis or, exclusively, at the official request of public authorities with such powers.
22. Refund policy
The amounts previously paid by a Beneficiary for one of the chosen tariff plans may be refunded, at the express written request of the Beneficiary, only if the owner/operator of the "Businessverse" Platform is no longer able to offer the contracted services, exclusively due to his/her fault, without being objectively prevented from offering these services by a public authority, by the modification or introduction of a law or applicable rules or by the existence of a situation that can be qualified as a fortuitous event or force majeure, under the meaning that these terms have in Romanian civil law.
23. Processing and use of information provided by the Beneficiary/User in the form of content. Copyright assignment
As a Beneficiary and/or User of the "Businessverse" Platform you understand and agree that although you own the intellectual property rights to all your postings, content and information, published on the "Businessverse" Platform whether in the form of text, images, videos, sounds and the like, or combinations thereof, and they belong to you, however they may also be used by us, the owner/operator of the "Businessverse" Platform, for the purpose of marketing and increasing awareness for the "Businessverse" Platform and the services offered through this platform, without the payment of any royalties, fees or the like to you, the copyright holder.
To that end, by accepting the present rules, as a result of creating an account in order to access the services offered and, implicitly, by the use of the "Businessverse" Platform, you express your express consent that once you, as a Beneficiary/User, publish such content, that fall under copyright and intellectual property law, there will automatically be a transfer of copyright, in the form of a non-exclusive in the form of a non-exclusive, territorially and temporally
unlimited assignment of copyright/intellectual property rights with respect to the published content, regardless of the form of expression thereof.
This automatic copyright assignment will take place from you as the Beneficiary and/or User to us, the owner/operator of the "Businessverse" Platform and to all persons affiliated with us, both us and any affiliate having full liberty to such content published by you on the Platform, including by modifying, editing, compiling, altering or the like, for the stated purposes, without the payment of any royalties, fees or the like and without the issuance of any prior notice to the copyright owner.
These rights granted to us through the assignment described above are limited in the following ways:
- You may terminate this license for a particular content by deleting that content from the Platform, or generally by closing your Beneficiary account, except in these situations: (a) where you have shared it with others as part of the Businessverse Platform services and they have copied, redistributed or stored it, and (b) for a reasonable period of time necessary to remove it from our backup and other similar systems provided that you give us prior written notice of the exact content whose removal you request and of our postings of that content by providing us with the exact date and time of the posting and a link to that posting or postings.
- If you use a feature or service of the Businessverse Platform, we may mention it with your name or logo to promote that feature or service to other Beneficiaries of the Businessverse Platform services, unless you notify us in writing of your express objection to this.
- We will obtain your consent if we wish to grant others the right to publish your content outside the Businessverse Platform. However, if you choose to publish your post as "public", we will enable a feature that allows other members to embed that public post in third-party services and we will allow search engines to make that public content findable through their services. This provision does not apply to situations where the use is a reasonable use, is not for profit and falls within the concept of "fair use" as defined in Article 35 of Law 8/1996.
- While we may edit and make format changes to your content (such as translating or transcribing it, changing its size, layout or file type, or removing meta-data), we will not alter the meaning of content you post and will not use such content if such use would damage your honor or reputation.
- Because you own the content and information you publish, and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
Last but not least, you understand and accept that your data, the Beneficiary, made available to us by registering and using the services of the "Businessverse" Platform (with the exception of the personal data of the Users) may be used for various research and studies and on the basis thereof may be generated by us or providers of such services, affiliates or representatives of us, various statistics, statements and, in general, any kind of analysis that we may use, disseminate or transfer to third parties, whether free of charge or not, at our discretion.
24. No dissemination of opportunities to third parties
The information and business opportunities published by the Beneficiaries of the services within the "Businessverse" Platform are intended to be known exclusively by the other Beneficiaries within the Platform, as part of the benefits and advantages obtained by purchasing one of the tariff plans for the use of the Platform, in which sense it is prohibited to disseminate, in any form whatsoever, to third parties who are not Beneficiaries/Users of the "Businessverse" Platform, the content and information, including business opportunities, published by other Beneficiaries/Users of the "Businessverse" Platform, regardless of the manner in which such dissemination occurs.
Failure to comply with this rule may result in the complete and definitive deactivation of the accounts of the Beneficiary/Users who are responsible for such breaches of the rules of conduct.
25. Activities that are not allowed
Within the "Businessverse" Platform, the use of the services made available to the Beneficiaries is allowed exclusively for the purposes indicated, i.e. for the purpose of connecting with other Beneficiaries in order to research, analyze and access the business opportunities presented by them and for the exchange of ideas within the professional forums hosted on the platform, as set out in point 8 and as set out in point 17 of these Terms & Conditions.
Any other type of use for any other purpose not expressly permitted by these rules ("Terms and Conditions") is strictly prohibited and may result in sanctions, including measures such as deactivation of the accounts of Beneficiaries and/or Users who violate these rules.
No conduct that is harassing, offensive or that is likely to limit or prevent, directly or indirectly, another Beneficiary from making full use of the services purchased on the "Businessverse"
Platform is allowed, including the repetitive publishing of negative content or attitudes that may be classified as "trolling".
It is not allowed to publish content, comments or any kind of message that is intended to intimidate or harass individuals or groups of individuals. Included in this category is any type of communication that is intended to humiliate, discredit, or uses abusive language that incites hatred or disrespects the legitimate rights of any person or group of persons.
Personal or hateful attacks against a person or group of people are strictly forbidden.
Hate speech, hate symbols, hate groups, and generally any content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hate, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, class, gender, gender identity, sexual orientation, religious affiliation or disability status is strictly forbidden.
No posts of a political nature or on topics other than business-related topics are allowed.
It is also prohibited to use any services purchased through the Businessverse Platform for any purpose that violates any law applicable to the Recipient and/or User or the business opportunity you are promoting through the Businessverse Platform, including provisions relating to competition, employment and anti-discrimination, anti-corruption laws, anti-money laundering and anti-money trafficking laws, and capital market regulatory laws, such as laws prohibiting insider trading, which list is not exhaustive but illustrative.
Furthermore, as a Recipient/User of services purchased through the Businessverse Platform, you understand and agree that business opportunities involving any transactions concerning, but not limited to, firearms and other weapons under the control of the law, counterfeit currency or other counterfeit valuables, including stamps, credit cards, drugs or drug-like substances, radioactive materials, other substances or materials prohibited from possession, offensive material (ethnically, sexually or racially offensive material), embargoed goods and the export of any products or services to countries on sanctions lists (such as those in the lists below, which are informative but not exhaustive), are prohibited and will not be posted on the "Businessverse" Platform, failure to comply with these rules will result in sanctions which may
include the complete and definitive deactivation of the accounts of the Beneficiary/Users guilty of these breaches of the rules of conduct.
Last but not least, you understand and accept that the advertinsing of any type of business opportunities involving transactions with goods or services of any kind, which can only be carried out under specific conditions established by law or on regulated markets, and which therefore by their nature or by the legal provisions in force, are in any way incompatible with public or private offerings through this Platform, is strictly forbidden and will result in sanctions that may include measures such as deactivation of the accounts of Beneficiaries and/or Users who by their conduct breach these rules.
https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32020R0855
https://sanctionsmap.eu/#/main
26. Rules of use in terms of service security
The creation of any account for the purpose of falsely displaying the identity of another person or company and any use of an account for such purposes is strictly forbidden.
You may not, in connection with the "Businessverse" Platform, develop, support or use software, hardware or software devices, scripts, robots or any other means or processes (including crawlers, browser plug-ins and add-ons or any other technologies) for the purpose of copying content hosted on the "Businessverse" Platform or profiles and other data belonging to Beneficiaries or Users of the "Businessverse" Platform or to the Platform itself.
You understand and agree that any conduct that has the effect of circumventing any security feature of the "Businessverse" Platform or that allows circumvention of access means, measures and controls or any limits set by us on the use of the "Businessverse" Platform services is strictly forbidden.
Any dissemination of links or files with harmful content, including viruses, worms, Trojan horses or any other code, scripts or software that may in any way affect the proper functioning
of our systems and services or the systems of Platform Beneficiaries/Users or that may lead to unauthorized access to any non-public data belonging to us or Platform Beneficiaries/Users is strictly forbidden.
It is forbidden, in relation to the "Businessverse" Platform, to reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to discover, possess and derive the Platform's source code or any technology that is not "Open Source".
It is prohibited to use bots or other automated methods to access the "Businessverse" Platform services, or to add or download contacts, content, or to send or forward messages, or to monitor "Businessverse" Platform services availability, performance or functionality, for any competitive purposes.
Framing, mirroring or otherwise simulating the look and feel or functions of the Businessverse Platform is prohibited. It is also forbidden to overlap or modify in any other way the services or their appearance, as well as any interference with the operation or overloading of the "Businessverse" Platform (e.g. spam, denial-of-service attacks, viruses, etc.) that would have the effect of jeopardizing the data, accessibility and proper functioning of the "Businessverse" Platform.
27. Limitation of our liability for transactions concluded between Beneficiaries/Users
The "Businessverse" platform uses various screening techniques and carries out checks on the identity and reality of the information provided by Beneficiaries and Users of the "Businessverse" platform services, at the time of their registration on the platform, in the spirit of the "know your customer" principle, by comparing and verifying the information provided by Beneficiaries/Users with various databases created, managed and made available to the public by the relevant public authorities, such as the Trade Register or the Ministry of Finance/National Tax Administration Agency. However, these steps are in no way a guarantee of the solvency, reliability and professionalism of all Beneficiaries/Users of the platform and are not intended to engage in any way the legal liability of the "Businessverse" Platform and the liability of its legal owner/operator for any action, inaction or conduct of any Beneficiary and/or User of the Platform.
28. Limitation of our liability for losses incurred by Beneficiaries/Users
The "Businessverse" Platform does not assume any liability for the accuracy of the information and business opportunities advertised (published) by legal entities and individuals who are Beneficiaries/Users of the services purchased on the "Businessverse" Platform, and neither the Platform nor the legal owner/operator of the "Businessverse" Platform can be held liable for any loss suffered by a Beneficiary and/or User, whether this is an incurred and actual loss or a future loss in the form of an effective loss or in the form of an unearned gain, if it originates from any business or other relationship established with another Beneficiary and/or User of the Businessverse Platform through the platform and the services offered by the platform to Beneficiaries/Users.
29. Limitation of our liability with regard to the availability of Platform’s services
The Businessverse Platform uses both conceptually and operationally the latest developments available in terms of best practices of the information technology industry, but even under these conditions it is possible that circumstances may arise that are, even for extended periods of time, beyond the reasonable control of the owner/operator of the Businessverse Platform, in which sense we do not assume any liability for any loss suffered by a Beneficiary and/or User, whether this is an incurred and actual loss or a future loss in the form of an effective loss or in the form of an unearned gain if it originates from any temporary or permanent impossibility of using the "Businessverse" Platform and its related services.
30. General limitation of financial liability
Under no circumstances and regardless of the situation that would have caused a loss to you as a Beneficiary and/or User of the "Businessverse" Platform, our liability towards you shall not exceed the total amount that you have paid to the undersigned for access to and use of the "Businessverse" Platform services up to the occurrence of the loss.
If you have not paid any amount to us by the time of the damage, then the maximum amount that we are liable to compensate you, which you agree is sufficient and adequate compensation for any loss suffered, is the sum of 1,000 (one thousand) Romanian Leu or equivalent in your chosen currency.
31. Exclusions
This Platform and its legal owner and operator, S.C. Businessverse S.R.L., does not act as a trustee, intermediary or commissioner of the Beneficiaries or Users and the services and products offered by the Beneficiaries as business opportunities through the "Businessverse" Platform are not intermediated by /commissioned to S.C. Businessverse S.R.L., this Platform not being a "marketplace" type service.
Nothing in this Agreement shall be construed to create any kind of association or separate entity between us and you or to imply that either party is in any way in the employ or under the control of the other party.
Nor shall this contract at any time be construed as imposing any liability in this capacity as a way or agreement by which either party confers upon the other party any express, implied or apparent authority to incur any obligation or liability on its behalf, each party acting independently in its own interests subject to these rules.
32. Breaking the rules
We reserve the right to limit your use of the services, including the number of postings, participation in professional forums or the ability to contact other Beneficiaries, if we believe that you are in breach of these "Businessverse" Platform’s Terms & Conditions.
In the same respect, we reserve the unlimited right to restrict, suspend or completely and permanently deactivate your Beneficiary/User account if you violate these "Businessverse" Platform Terms & Conditions (Usage Rules), which constitute our contract.
Nonetheless, if through your conduct on and/or in connection with the "Businessverse" Platform you cause or attempt to cause any damages to the undersigned or to any of the "Businessverse" Platform's Beneficiaries or Users, we reserve the right to pursue and obtain an order requiring you to pay any damages arising from such actions or conduct in violation of these rules or applicable legal provisions under the law governing our relationship.
33.Intellectual property rights to the “Businessverse” Platform
The undersigned S.C. Businessverse S.R.L. reserves all intellectual property rights on the "Businessverse" Platform and the services offered through it.
All logos belonging to the undersigned, including the logo of the ‘Businessverse” Platform, are trademarks of the undersigned and are protected by copyright, and any use of them by you or any third party is an infringement of our intellectual property rights and may give rise to criminal, civil or other liability.
34. Intellectual property rights of third parties
The "Businessverse" Platform respects the intellectual property rights of all owners of such rights, meaning that any Beneficiary/User is prohibited from any conduct on the Platform that would directly or indirectly result in an infringement of the intellectual and/or industrial property rights or other similar rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
In this regard, it is recommended that you do not copy or distribute (except through available distribution functions) advertisements, opportunities or other content belonging to others without their permission.
You are also prohibited from posting on the Platform any trade secrets, patents, industrial designs or any other material, regardless of the form and manner in which they are expressed, protected by copyright or industrial property, and in respect of which you do not have legal rights that allow you to bring to the attention of others.
All trademarks, logos and the like belonging to third parties are their property and you must at all times be aware of any applicable rules regarding the proper use and enforcement of the rights of the owners of such (trade)marks.
Failure to comply with these rules may result in the complete and definitive deactivation of the accounts of the Beneficiary/Users who engage in such breaches of conduct.
35. Applicable law and jurisdiction
By creating a Beneficiary account and, implicitly, a User account, you agree and unconditionally accept that the law applicable to our entire commercial relationship, in regard to access to the "Businessverse" Platform, and the use of all services made available to you through the Platform, is the law of Romania.
In the same way, you agree and unconditionally accept that any dispute or litigation that cannot be settled amicably between us and you, the Beneficiary or User of the Platform, in connection with legal relations involving in any form and manner the "Businessverse" Platform, will be referred for resolution to the competent courts of competent jurisdiction at the headquarters of the owner/operator of the "Businessverse" Platform.
36. Notifications
The communications issued by us to you in relation to everything involving access and use of the "Businessverse" Platform may be made both by using the email addresses provided by you in the process of creating Beneficiary and User accounts of the "Businessverse" Platform and by sending them to the registered office of your company, by registered letter with acknowledgement of receipt.
The communications issued by you to us, in relation to everything involving access and use of the "Businessverse" Platform, may be made both by using the email addresses provided by us in the contact section of the "Businessverse" Platform access web page and by sending them to our registered office, by registered letter with acknowledgement of receipt.
37. Non-waiver of rights
Failure to assert a right of the undersigned or to take legal action to protect one of our rights does not constitute a waiver of that right or of the ability to claim any conduct related to that right or set of rights from you or any person, natural or legal, from whom we may claim such conduct.
38. Unilateral modification of the rules of use of the Platform ("Terms & Conditions")
By using the "Businessverse" Platform you implicitly agree that we, the legal owner/operator of the "Businessverse" Platform, have the right to unilaterally change these rules (Terms and
Conditions) at any time at our sole discretion, without your consent, provided that we give prior notice to you, the Beneficiary, by communicating any such change to the email address indicated by you as your contact address at least five calendar days before these terms take effect.
Your continued use of the Platform after the effective date of the new rules, which have been made known to you in the manner set forth above, constitutes your implied agreement to be bound by such new rules for the use of the "Businessverse" Platform.