1. General terms

This document containing the terms and conditions of use of the website www.de4kids.ro/en/ (hereinafter referred to as the “Terms and Conditions”) sets out the conditions under which any person may visit or access the website www.de4kids.ro/en/ or may use in any way the services offered through the Site.

Within the meaning of the Terms and Conditions: “Site” means the website www.de4kids.ro/en/

“Site Administrator” means S.C. DENT ESTET Clinic S.A. having its registered office in 82-92 Nordului Road, basement, District 1, Bucharest; “Service” means any service offered on the Site, and/or any module or component thereof; “User” means any person who visits or accesses the Site, who creates an account on the Site or who wishes to use in any way or actually uses the Service.

Failure to accept these Terms and Conditions or any provision thereof, as these are formulated in this document, entails the User’s obligation to immediately cease accessing the Site; further accessing or visiting the Site, any page on it and/or using the Service, as well as any component thereof, constitutes a full and unconditional acceptance of the Terms and Conditions and any provision thereof.

By registering, the User accepts in full and unconditionally the provisions of these Terms and Conditions and understands to use the Service in strict accordance with these. Users understand and accept that the use as well as any further access or visit to the Site, to any page on it and/or the use of the Service, as well as of any component thereof constitutes a complete and unconditional acceptance of the Terms and Conditions and of any provision thereof; Failure to accept the Terms and Conditions by the aforementioned Users entails their obligation to immediately cease accessing the Site.

2. Rights to the content of the Site

The content and graphics elements of the Site, including but not limited to, the entire content in text format and any other material, transmitted in any form by and to Users (by direct viewing on the Site, by newsletters or by any other materials directly or indirectly linked to the Site) belong to the Site Administrator and its partners and represent the content of the Site. By way of derogation from the previous provision, those materials for which another right holder, another owner or another source has been indicated on the Site, or any opinions and/or comments of any kind expressed by Users of the Site posted to the Site or in relation to the Content of the Site in general do not belong to the Site Administrator or its partners. In cases where the Content of the Site, regardless of the area in which it is located on the Site and regardless of the type, is taken over by the Site Administrator from other producers/issuers of content or materials in text, image, graphics, video sequences format, but without being limited to these, this takeover is carried out in compliance with the legal provisions and the rules applicable in such cases.

Users understand and accept that all information, data, materials posted on the Site are for information and guidance only, and that the Site Administrator cannot be held liable in any case and in any way for the veracity and validity of the Site Content, or for any legal effect arising from its use.

The response received as a result of filling in the mini-consultation form does not have the value of a real consultation and the Site Administrator cannot be held liable for this informal response, which has a purely informative purpose and does not constitute an adequate medical treatment.

Users undertake to respect all copyright and related rights and any other intellectual property rights that the Site Administrator and its partners have on/in relation to the Site, its Content, the Service, any module or component thereof or in connection with their use. Users understand and accept that in case of breach of any of the above provisions to any extent, they will be held liable before the authors/owners of the Content of the Site. The content of the Site, regardless of the area in which the Site is located and regardless of type, may be used exclusively for personal purposes, defined according to this document as purely non-commercial purposes, without any direct or indirect intent to obtain profits or gains from any such use. Any use of content by third parties for any purpose other than a personal one can be made only with the written, express and prior consent of the Site Administrator.

It is forbidden to copy, take over, reproduce, publish, transmit, sell, distribute in whole or in part, integrally or in a modified manner the content of this Site or any part of it made for any purpose other than personal one; The Site Administrator reserves the right to summon to court any person and/or entity that breaches in any way the above provisions. Requests for the use of the content of the Site for any purpose other than personal one can be sent to the address: S.C. DENT ESTET Clinic S.A. having its registered office 82-92 Nordului Road, basement, District 1, Bucharest; with the mention “To the DENT ESTET 4 KIDS team” or by any of the modalities indicated on the Contact page of the Site. Any person who sends information or materials to the Site in any way assumes the obligation not to harm in any way the copyright that a third person could claim in relation to the materials and information transmitted in any way to the Site, and the persons who send information or materials in any way understand and accept that the breach in any way of this obligation cannot in any way hold the Site Administrator liable, but only the respective persons.

Users who send information or materials to the Site in any way agree to assign exclusively, for an unlimited period and on all territories, at the time of sending them to the Site Administrator, all rights of use, adaptation, modification and/or retransmission of the content with which they contribute or which they post on the Site. The Site Administrator cannot be held liable for any damages caused by the content posted or uploaded to the site or in any of its modules (such as, but not limited to the order form or mini-consultation) on the Site by any person, no matter what section, service or facility this content is part of. Any persons who send information, comments, opinions, or materials to the Site in any way undertake not to prejudice in any way the other Users by the information, comments and materials sent, and accept and understand that they are the only ones who can be held liable for the truthfulness, validity, accuracy of information, comments, opinions and materials, including but not limited to legal consequences in connection with their use. It is strictly forbidden to post on the Site any content, including materials, comments, images, video sequences, but not limited to them, which have an obscene or vulgar language, contain illegal, threatening, abusive, indecent, racist, chauvinist messages or that could discriminate against any person in any way, or that would breach any other human rights and freedoms in accordance with the legislation in force.

Users understand and accept that in case of breach in any way and to any extent of any of the provisions of the Terms and Conditions, the Site Administrator will be able to choose discretely not to publish any content sent by the User for the posting on the Site or for any modification in any manner of such content, without any prior warnings or notifications and without any other formalities necessary in this regard. Users understand and accept that the Site offers them only an information and communication platform and that they alone are responsible for any materials, data and information posted on the Site regardless of their form and the part in which they appear (eg blog, avatar, comments etc. (but not limited to them) and for any legal and/or commercial effects deriving from them.

3. Information note regarding the protection of personal data

According to the requirements of Law no. 677/2001 for the protection of persons regarding the processing of personal data and the free movement of these data, amended and supplemented, and of Law no. 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector, the Site Administrator will administer the personal data provided by Users in safe conditions and only for the specified purposes. We inform you that the personal data that the Users provide to the Site Administrator are processed in order to provide the Service in optimal conditions. By registering on the Site/filling in the appointment/mini-consultation form or any other manner destined to retrieve such personal data, the User declares that he/she agrees that all personal data should be included in the Site Administrator’s database and he/she gives his/her consent expressly and unequivocally that all personal data be stored and used for:

• marketing activities by receiving information or commercial messages (offers, promotions, advertising and marketing messages) to the communicated e-mail addresses;

• participation in competitions, promotions;

• sending non-commercial or administrative messages (regarding site changes, administration, etc.);

• internal statistics necessary to improve the quality of the services offered and the image of the Site and to create new characteristic elements, promotions, functionalities and new services;

• to ensure access to sections with limited access to the Site;

• market research;

• tracking sales data.

At the same time, the User has the right to object to the processing of the personal data concerning him/her and to request the erasure of the data. In order to exercise these rights, each User may make a written request in this regard, which he/she will then send by mail to the Site Administrator: S.C. DENT ESTET Clinic S.A. having its registered office in 82-92 Nordului Road, basement, District 1, Bucharest; or by e-mail at smile@de4kids.ro

The Site Administrator is a personal data controller registered in the register of records of the processing of personal data under no. 18170.

4. Link to other sites

Users understand and accept that the Site may contain references or links to other Internet sites, including personal sites (blogs), the sites of the suppliers of products and/or services to which they send advertising banners posted on the Site or advertising microsites, but not limited to them, which are considered by the Site Administrator useful in relation to the Site Content, but which are not under its control or guidance.

The Site Administrator is exempted of any liability regarding the content or opinions expressed on all the websites mentioned above, as well as their rightfulness and accuracy, and the Users understand and accept that these websites are not monitored, controlled or verified in any way by the Site Administrator. The inclusion of a link or reference to other websites does not imply their approval by the Site Administrator in any way. When Users access these websites, they do so at their own risk, knowing that the use of the services offered by these sites is subject to the conditions set by the administrators of these sites.

4. Limitation of liability

The Site Administrator does not assume the obligation and does not implicitly or expressly warrant for the content of any kind of the Site, or for the content offered by the Users. The Site Administrator will make all reasonable efforts to ensure the accuracy and reliability of the Site and will attempt to correct the errors and omissions as soon as possible.

The Site Administrator does not offer any warranties or liability in relation to the Site Content and in no event can it be held liable for any loss or damage that may result from using any part, sequence, module of the Site Content or from the impossibility of using it, regardless of its cause, or from the erroneous interpretation of any provisions of the Site Content.

Users understand and accept that the operation of the Site may be affected by certain objective conditions, as well as that any services offered through the Site are provided in accordance with the “as is”, “as available” principle, and Users use such services at their own risk. Accordingly, the Site Administrator cannot be held liable for any information and data contained in the Site Content, including but not limited to text, images, video sequences, avatars, blogs, or any other activity related to the use, as well as any other legal effect deriving from these.

Users understand and accept that the Site Administrator is exempted of any liability in the event of any shutdown, interruptions, difficulties, malfunctions or errors in the operation of the Site and in any situation where they would not prove in a certain way that any errors or problems of technical nature mentioned above are directly and exclusively due to the serious fault of the Site Administrator.

Expressly, the Users understand and accept that the Site Administrator is exempted of any liability for any kind of direct, indirect damages, including but not limited to losses of profit, commercial sales or other intangible losses, resulting from the use of the Site Content in any way or any legal effects deriving from it.

Users understand and accept that the Site Administrator is exempted from any liability for the advertising messages posted on the Site or through the Service, as well as for the goods or services provided by the authors of these advertising messages.

In cases of force majeure, the Site Administrator and/or the controller, managers, employees, subunits, secondary offices and its representatives are totally exempt from liability. Force majeure events include, but are not limited to, operating errors of the Site Administrator’s technical equipment, failure of the internet connection, failure of telephone connections, computer viruses, computer attacks of any kind and interference with malicious computer programs, unauthorized access to the systems of the Site, operating errors, strikes etc.

Users agree to protect, insure and fully indemnify the Site Administrator and/or the controllers, managers, employees, subunits, secondary offices and its representatives against any and all requests, claims, actions, charges, losses, damages, costs (including, without any limitation, the fees of lawyers, experts and consultants or bailiffs, court fees, notarial or enforcement fees), expenses, judgments, decisions, fines, regularization or other obligations arising out of or related to any other action of the User in connection with the improper use of the Service/Site or any other aspect related to the Service/Site.

5. Applicable law. Disputes

The rights and obligations of the Users and of the Site Administrator, provided by the Terms and Conditions, as well as all the legal effects that the Terms and Conditions produce, will be interpreted and governed in accordance with the Romanian law in force. Any dispute arising out of or in connection with the Terms and Conditions will be settled amiably. In case of impossibility to reach an agreement, the dispute will be solved by the competent Romanian court within the territorial area of ​​Bucharest.

6. Amendment of the Terms and Conditions

The Site Administrator has the right to modify at any time and in any way any of the provisions of the Terms and Conditions or the Terms and Conditions in full, without any prior notification and without being obliged to perform any other formality towards the Users. Any amendment will be considered as fully and unconditionally accepted by any of the Users by simply using or accessing any facility offered by the Site or the Service, or by accessing the Site, which intervened at any time after the operation of the amendment, and the failure to accept any amendment entails the obligation of the respective User to cease immediately the access to the Site and/or to use the Service in any way.