Terms and Conditions of the Mobile Application TheCounsel Dawn Raid, the "Application"



ACCEPTANCE OF THE TERMS AND CONDITIONS

Your access and use of this Application is subject to the acceptance of the present Terms and Conditions. By using the Application, you accept the terms, conditions and limitations of liability imposed.

DESCRIPTION OF THE APPLICATION. DEFINITIONS

The Application is under the exclusive use of SCA Botezatu si Associatii headquartered in Bucharest, 9 Gheorghe Moceanu street, district 1, registered at the Bucharest Bar Association under decision no. D29 dated 12.01.2016, SCA Botezatu si Associatii owning all the intellectual property rights over the Content of the Application, hereinafter referred to as "TheCounsel".

The Application was developed to provide users with simple information regarding the behavior of target entities and individuals involved in a Dawn Raid by the Competition Council.

The Application is intended as a summary of information in case of a Dawn Raid. By accessing “YourRedButton” function, with a single click, you will be directly in contact with our team that is available anytime for immediate legal assistance, after the conclusion of a legal services agreement.

The following terms will be defined as follows:

  • User - any natural person who registeres in the Application and accesses the content made available by TheCounsel;
  • Content - all information made available to the User through the Application.

RECOMMENDATIONS

The Content of this Application must be considered as an information and does not constitute legal assistance and therefore should not be used as a basis for decision-making.

The Application is intended and should be used for informational purposes only and should not be interpreted at any time as legal advice. TheCounsel assumes no responsibility for any consequences that may arise from using in any way the information contained in the Application.

For the avoidance of any doubt, nothing in the Content of the Application may be interpreted as constituting a client-attorney relationship or as providing Users with legal advice. A client-attorney relationship may be established based the conclusion of a legal assistance agreement with TheCounsel.

TheCounsel assumes no responsibility for any loss or damage, whatever its nature, that may result from accessing or capitalizing the Content of the Application and is not responsible for any acts or omissions made by Users based on the Content of the Application.

USER REGISTRATION

To benefit from the Content of the Application, Users are required to create a user account.

DATA PROTECTION

We inform you that, in order to access the Application, we will collect and process your personal data, respectively, name, email address and User’s phone number.

When you request our services by accessing YourRedButton, if the settings of the device using the Application wil allow it, we may use your location data (GPS) in oder to reach you. The personal data collected will be used solely for this purpose and will not be stored.

We inform you that under the General Data Protection Regulation 2016/679, you have the right to access, rectify, and delete your data. You also have the right to object to and restrict certain processing of your data, as well as the right to file a complaint with the supervisory authority regarding the processing of your personal data.

The personal data provided will be stored only for the purpose to provide you the services of the Application. When you delete your account, the personal data provided will be deleted.

You may contact us in respect to any issues related to processed personal data, including in view of exersing the rights listed above at office@thecounsels.com

CONTENT CHANGES

TheCounsel reserves the right to modify or interrupt, temporarily or permanently, the Content made available. In this case, TheCounsel is not liable to the User or a third party for any modification, suspension or disruption of the Content available through the Application.

INTELLECTUAL PROPERTY

The User expressly acknowledges that the entire graphic creation, the Content of the Application and the information materials accessed are the property of TheCounsel. Exceptions include information and graphics displayed by Users, as well as graphic signs belonging to other entities.

The User undertakes not to reproduce, copy, sell or exploit in any way the Content, information and/or materials to which it has access as a result of the use of this Application. Users are prohibited from modifying, copying, renting, lending, selling, distributing or creating derivative materials based on the Content or programs used within the Application.

LIABILITY

The user expressly declares that they accept the following:

  • Use of the Content provided in the Application is at your own risk of liability.
  • TheCounsel is expressly absolved from any liability.
    • TheCounsel does not offer any warranty as regards to:
    • Content fulfills all User requirements;
    • Content will be uninterrupted, timely, secure, or error free.

LIMITATIONS OF LIABILITY

The User expressly accepts that TheCounsel is not and will not be liable for any direct, indirect, including, but not limited to, loss of profits, use, data or other intangible or immeasurable damages or damages (even if TheCounsel was previously informed of the possibility of such losses), resulting in:

  • the use or inability to use the Content of the Application;
  • unauthorized access to or damage to User transmissions or data;
  • statements or actions of a third party on the Content of the Application;
  • any other issue related to the Content of the Application.

NOTIFICATIONS AND COMMUNICATIONS

Notices/communications to Users will be made electronically, via the Application or via email. TheCounsel may make notices regarding the change of Terms and Conditions or other similar issues by displaying notifications to Users in general on the www.thecousels.com website or in the Application.

FORCE MAJEURE

The Application or TheCounsel are not obliged to comply with the obligations set forth in the Terms and Conditions due to a cause beyond their control, including but not limited to fortuitous events, other actions/inactions that the creators of the Application or TheCounsel are not responsible for.

APPLICABLE LAW

By accessing this Application, the User accepts that the Terms and Conditions and any dispute relating thereto is governed and construed in accordance with Romanian law and the User agrees to submit to the exclusive jurisdiction of the competent Romanian courts.

The Application does not guarantee that it and its Content are subject to the laws (including those of intellectual property) of other countries outside of Romania. If the User accesses this Application from outside of Romania, he/she does so at its own risk and is solely responsible for complying with the laws of the country in which he/she is located.

FINAL CLAUSES

The hereby Terms and Conditions are the parties' agreement and regulate the User's use of the Content of the Application.

In the event that, following the launch of the Application, additional Content sections are made available in the Application, these sections will be subject to the hereby Terms and Conditions.

The User understands and expressly agrees that for the provision of legal assistance and representation by TheCounsel, such a relationship will be distinctly and compulsorily regulated by the signing of a legal assistance agreement, subject to specific provisions in the lawyer profession legislation.

The User also understands and expressly agrees that if he/she will request legal assistance and representation from TheCounsel by using the Application, the physical movement of a lawyer or, as the case may be, a team can be guaranteed only for Bucharest and Ilfov County, any other exceptions will have to be agreed in advance with TheCounsel team.

By installing and accessing the Application Content, or, by filing your data in this Application, you agree to the above Terms and Conditions. If you do not wish to be engaged in the use of this Application and comply with the rules described above, please do not use the Application or Content provided by this Application.

The User understands that these Terms and Conditions do not create rights for third parties.

Citeste termenii si conditiile in romana