RisCo - Terms and Conditions

 

By accessing www.risco.ro (RisCo), you agree with the Terms and Conditions listed below (the "Agreement"). These are the terms and conditions under which you are allowed to use the RisCo portal and its sub-domains, as well as the content and online services available on it, the newsletters, databases and other information as displayed or transmitted through the RisCo system (herewith called collectively "the Services").

 

By further using our services, you agree to abide to the Terms and Conditions of this Agreement. If you don't agree to these Terms and Conditions, RisCo is not in the position to offer you access to its services, and accordingly please do not further access these services any longer.

 

1. Updates to this agreement. RisCo can modify on occasions parts of this Agreement, at its full discretion. You will be informed about those changes and the new form of the Agreement through the website, when entering your personal account. If you don't accept the changes to the Agreement, you will not be able to access our services any longer. You are therefore advised to read from time to time the Agreement, in order to be updated with the changes. By using the Services, you agree with the changes that occurred within the Agreement.

 

2. Supplementary conditions. Some of the Services offered or part of them might be governed by supplementary conditions of use, which are properly described on the respective pages or in the contract drafts as displayed on the website. Your agreement to the general conditions include an agreement to the special conditions. If they are in conflict, then the specific supplementary conditions have priority against the general conditions as set in this document.

 

3. Contracts. The Users can sign contracts with Risco Servicii Financiare SRL for some services offered through the website, which contain specific particular or negotiated conditions. If such conditions are in conflict with the provisions of this Agreement, then the contracts signed between parties will prevail.

 

4. RisCo. RisCo represents an online service offered through the website www.risco.ro and its sub-domains, allowing for clients to get reports, data and information about the financial and legal standing of Romanian companies.

 

5. Propriety, General limitations of use

5.1. Propriety. RisCo represents an online service provided through the website www.risco.ro and its sub-domains, which offer the possibility to users to obtain reports, data and information regarding the financial and legal situation of companies registered in Romania.

5.2. Registered trade mark. RisCo - Companies Checking and Monitoring is a registered trade mark of the company Risco Servicii Financiare SRL, according to the Trade Registration paper no 129973 of 01.11.2013, issued by the National Office for Inventions and Marks.

SellNet is a registered trade mark of Risco Servicii Financiare SRL according with the Trade Registration paper no 153059, issued by the National Office for Inventions and Marks on 16.04.2018.

5.3. General limitations of use. With the exception of the case when you have our prior consent, you don't have the right to reproduce, sell, publish, distribute, transmit, broadcast, display, offer or exploit for commercial purposes, the Content available through these Services, with the following exception: if we offer you email or other type of transmission Services associated to a certain article of the Services, you can use the email or otherwise transmission, in order to distribute the information to other people.

5.4. Modification of Content. You agree not to modify or re-arrange the Content. You agree not to use parts of the Content, titles or pieces of it in order to be used within another website or service, or to use the Content to commercial purposes. You agree not to try to upload, display or send any Content offered by the Services to blogs, groups, email lists, electronic newsletters, with the exception of Services offered by RisCo (for example of RSS Feed type), or only after we provide you our written consent to do so.

5.5. Public Information According to Romanian legislation, RisCo has the right to display or use any public information as long as there is no official regulation to restrict / limit / ban the usage.

 

6.- Confidentiality

6.1. In order to gain access to certain functionalities and Services, you need to be registered as a Client of the www.risco.ro portal (to open a Client Account). When registering, you need to offer real and complete information about yourself as requested. Any information you complete during the registration process or we obtain during your registration is ruled by the principle of data confidentiality. When you register, you need to use a user name and a password, which are unique.

6.2. We reserve our right to refuse allocating to you a user name and a password, should we consider that the user name represents a personification of someone else, or either the user name or the password are not appropriate. It is your responsibility to choose an appropriate password.

6.3. Risco.ro is exonerated by any liability in case another person is using your identity for the Services. In case you have such suspicion, or if you have any evidence that another person is using your password without your consent, please contact immediately the support service of Risco.

6.4. RisCo reserves the right to limit of block the access of any User to the Services, in case we find out that the User is parsing or scanning the site, or using any other means of automatic download of the information presented on the site. Users agree that in case of any suspicion of automatic data downloading, Risco.ro has the full right to introduce automatic programs of recognition of the human character of the operator (CAPTCHA systems), through which it can determine whether the User is a human or a software application.

6.5. Users expressly agree not to use specialized computer software in order to scan/ parse the content and information presented on Risco.ro. Using the site's facilities through launching successive requests, before previous requests have been completed, will be considered as a ""Denial of Service"" or similar attack, and treated as such.

6.6. Users expressly accept not to initiate or deploy any actions that could restrict the free access of any other users to the Risco.ro platform, or the proper use of the Services.

 

7. Paid Services.

7.1. RisCo provides two types of services: Free Services , which can be accessed and used unlimited by any user, and Paid Services , which can be accessed and used unlimited by any user, and Paid Services, which can be accessed only based on a price paid for the respective service.

7.2. Details of the Paid Services and the prices are displayed on the website in the page corresponding to each service, respectively and the contractual terms are detailed in the draft contracts as displayed on the respective pages.

7.3. For the acquisition of the Paid Services there is no need to sign a contract between parties. The use of services can legally be performed only on the basis of the fiscal invoice issued after the purchase of the Service.

7.4. Risco credits are valid for 12 months from their purchase date. On expiry of the validity of their system automatically delete all loans existing at that time in the customer account.

7.5. For the acquisition of Risco credits there is no need to sign a contract between parties. The acquisition and use of credits can legally be performed on the basis of the fiscal invoice issued after the purchase of Credits. However, any user can request signing of a contract for the services and products offered by RisCo.

7.6. Recurring Subscriptions are subscriptions of RisCo services, for which payment is done on a monthly basis through RisCo Credits. Purchase of those subscriptions is made through automated debit from the credit card, as saved in the user account. The user can access, stop or reinstate at any time those subscriptions, from his own user account.

7.7. The contract associated with RisCo services and subscriptions is a standardized one, and it can be accessed at any time at the address Risco Contract

7.8. Issuance of fiscal invoices for the services as supplied and for RisCo Credits is done only in electronic format. According to Law 227/2015 Art 319, alin. 4 and 24, the users of the website risco.ro and the beneficiaries of all services as supplied by Risco Servicii Financiare SRL expressly accept, that fiscal invoices to be issued only in an electronic format, and their submission to be done only by email at the address used for the opening of the user account.

7.9. Invoices transmitted by email according to Article 7.8 and not contested within 5(five) days from their transmission are considered as accepted for payment by the User.

7.10. RisCo will send automatic messages, every 5-7 days, through the invoice due payment reminder system. The system will automatically stop sending the messages when the invoice is paid. Users cannot unsubscribe from receiving these messages.

7.11. According to Law 72/2013 regarding payment of penalty interest rates, in case of lack of payment of an invoice after the due payment date in accordance with the signed contract or the issued invoice, the Client is in full right in late payment status, without any further formality being necessary, and will incur late payment penalties for each calendar day of late payment. The penalties will be computed on the total amount of the invoice, until the full payment of the invoice to RisCo. According to art 3 para (3), the penalty interest rate is due after 30 calendar days from receiving the invoice or any similar request for payment, and the level of the penalty interest rate is set according to Ordinance no 13/2011 regarding the penalty and remuneratory legal interest rate for due monetary obligations. The total of penalties for late payment can be higher than the amount on which they are computed

7.12. RisCo is in full right to suspend the supply of services in case the Client faces late payments to the invoice/invoices larger than 30 days from the due date. Suspension of services is done automatically, and the user will be notified about this event.

 

8. Pricing Policy.

8.1. RisCo has the full and total right to modify, in any manner and at any time, the price of any report offered, according with the costs associated with the acquisition of the reports from various sources, and the operating costs of the service. RisCo cannot be bound to justify in any way or for any reason those changes, nor to fulfill any other formalities against the user of RisCo system.

8.2. RisCo can apply discounts or bonuses to the prices of Services according to its marketing policies.

8.3. In case of Services acquired based on contracts signed with the company Risco Servicii Financiare SRL and valid at the respective date, prices and terms specified in those contracts are valid no matter the changes made over the Services, as displayed on the website.

8.4. Users can ask for the reimbursement of the amounts paid for the acquisition of Credits within 14 (fourteen) days from the acquisition date, in case those services or part of them have not been used. After the expiration of that term, Risco Servicii Financiare SRL will no longer reimburse any amount of money, in full or in part, and Credits remain at the disposal of the User for the entire duration for which they were purchased initially.

 

9. Storage of Services and Invoices in the User Accounts

9.1. The history of all services used by the user is listed on the page "Credits Trading" from the dashboard in the user account. The history is available for the previous 12 months.

9.2. Reports completed and pageviews with reports are NOT stored as folders in the user account, but are listed as registrations in the page "Credits Transactions".

9.3. Existence of registrations pertaining to services in the page "Credits Transactions" represents also the proof of performance and delivery of services to the Client.

9.4. Invoices issued are listed on the page "Invoices Issued" from the dashboard and are permanently stored according to the legislation.

 

10. Limitation of Liability

10.1. RisCo Services have a purely informative character and DO NOT constitute an advice, recommendation, offer or invitation to buy or subscribe to certain products and/or services, neither does it offer the basis for the termination or cease of any contract or engagement of any kind, nor does it represent a guarantee for the minimization or elimination of certain risks associated with the activity of the User.

10.2. Using the information contained in the RisCo reports is done solely on the risk of the User. RisCo only represents an electronic interface, through which reports are obtained from different institutions. RisCo reports have an informative purpose for their Users and cannot be used as official documents.

10.3. Neither RisCo, nor any of its employees, assumes any liability regarding:
- Economic losses, including but not limited to, loss of income, profits, contracts, use, opportunity, business or anticipated economies;
- Loss of goodwill, image or reputation;
- Special or incidental losses or damages, direct or indirect, incurred or realized in liaison with the use of the website www.risco.ro and the respective reports;

 

11. Right for Distribution of Information

11.1. Users have the full right to use the information and reports, as obtained through the RisCo service, to their personal use or to distribute it for free to third parties, but only in the form supplied to them by the RisCo service.

11.2. With the exception of having our prior written consent, Users do NOT have the right to resell the information/ data/ reports from RisCo, either in the form supplied by the system, or in any other altered form.

11.3. Users agree NOT to modify or re-arrange the content or the information supplied through the Service. Users agree NOT to delete/ remove/ hide through any means the identification signs of RisCo, specifically the RisCo logo and the watermark "RisCo.ro".

 

12. Content generated by Users

12.1. Content generated by Users. Within some of the Services offered, you can tag, rate, vote, make comments or chat regarding various themes of discussion. Any content, information, graph, audio or video recording, images and links you send as part of your client profile or linked to your activities is called ""User generated content"" within this Agreement and is subject to the terms and conditions as detailed below.

12.2. Precautions regarding other Users and Content generated by Users. The Users content include information, opinions and recommendations from many people and organizations, and is destined to help them gain the necessary information to take their own decisions. Users are fully responsible of the decisions they make, as well as for verifying the accuracy of the information they base those decisions on. RisCo does not guarantee any recommendation or opinion expressed by any User. RisCo does not verify continuously the Content received from its Users. However, we reserve the right to monitor or to exclude at any time from our Services any Content from Users, without any prior notice. You need to understand that some Users can impersonate other persons, than their actual identity. RisCo does not continuously control the identity and personal data of Users. We cannot guarantee that the profiles as enrolled by Users are absolutely correct. You need to understand that some Users might use our Services for their own benefit. Accordingly, we advise you to treat messages received with a doses of caution. The Content received from Users might sometimes be erroneous or deceiving.

12.3. Distribution of Users' Information. If you upload, display or send any Content from Users regarding any Services, RisCo assumes that you have the legal rights to do so and that you do not breach any law or other right of any person in this respect. By uploading, displaying or sending Content to RisCo Services you offer us a non-exclusive, transferrable, irrevocable right to use, distribute, publish, show, reproduce and create materials based on the Content received on any media support, in full or in part, without any obligation from RisCo to remunerate you for that. You offer us also the right to authorize the use of the Content by any other Users according to the terms and conditions of this Agreement, including the rights to visualize by other Users the Content displayed by you, including through an instrument of the RSS Feed type.

12.4. Exclusion. RisCo has the right to exclude/ delete any Content from Users for any reasons and without notifying you in advance. This right include all materials related with the use of the Users Services, including the Client Accounts, postings, profiles or other personalized information which you have created since you use the Services.

12.5. Rules of conduct: All Clients and Users of Services need to comply with the following conduct rules:
- You will not stoke or harm any other User of the website.
- You will not interfere in the use of the Services by other Users, including by interruption of other Users' sessions by using programs, automated or manually to make it difficult to them the use of the Services, or through any other way which negatively affects the access to the Services by other Users,
- You will not try to take over any name or email address for commercial purposes, and will not collect or deposit personal information about any User from the Services section,
- You will not use Services for any illegal purpose and will not download, display or propose any Content generated by Users which is obscene or offending from a racial, ethnic, sexual or other reasons, which is harming, vulgar or disagreeable, which is injurious, or invades the privacy or property rights of another person,
- You will not take over the identity of any person or company, change a relationship with another person or another entity, you will not impersonate a fake identity for deceiving or defrauding another person,
- You will not upload, display or propose any Content generated by the Users, which contain viruses, trojans, damaging software or any other software or computer programs conceived so as to interrupt the Services provided by RisCo, the ability of the Users to benefit of Services or the proper functioning of any software, hardware, equipment or materials used in connection with the Services,
- You will show due respect to other Users. In case that you will not agree with an opinion expressed in the Services, you have the option to express your own opinion. It is advisable, however, to refrain yourself from personal attack against the person who posted his opinions.
- You will not breach any local, national or international laws or regulations of any type of national authority,
- You will not download, display, propose or make available in any other way any Content over which you don't have the legal right to do so under the law or any fiduciary or contractual agreement (such as privileged information, confidential information obtained as part of your employment relations, or under confidentiality agreements),
- You will not download, display, propose or make available in any other way any Content which breaches any authorization, trade mark, commercial secret, copyright or other property rights of any other person,
- You will not download, display or propose irrelevant or improper messages.

12.6. Terms and Conditions SellNet: because SellNet is a network inside which any participant is able to interact directly with other participants, SellNet has its own Terms and Conditions of functioning. Those Terms and Conditions can be accessed at the address Terms and Conditions SellNet

 

13. Termination.

13.1. RisCo can interrupt or change in full or in part the Services, or their availability to you, immediately and unilaterally at any time. RisCo can terminate this Agreement and your access to the Services in full, or any part of them, at any time without justifying the reasons to you.

13.2. In case RisCo has decided to unilaterally terminate your agreement and stop your access to the Paid Services, the Users who contracted and paid for RisCo Credits in advance are entitled to receive back the amount corresponding to the unused Credits, in 45-60 days from the date or services termination. If Credits have been acquired at discounted prices, repayment for unused Credits will take place using the same discount rate from acquisition.

 

14. Site Modification

14.1. RisCo reserves its right to modify the content of its services and reports based on objectives reasons and without any obligation to justify in any way the change, and without the need of any prior notice or any other formalities given to Users.

14.2 RisCo reserves its right to introduce at any moment new services, to update and improve existing services and to modify existing services, in the sense of adapting them to the market needs. In certain objective situations, RisCo can be forced to discard certain services, in case those services become obsolete or are replaced by other newer ones.

14.3. RisCo reserves its right to eliminate at any moment or to suspend for a duration decided at its discretion the right of the User to use the Services, in part or in full, or to access the site or sections of it, from any reasons including, but without limitation to any reclaim or accusation from third parties or authorities, or in any other case when RisCo considers that the User has breached the present Terms and Conditions, or there are any suspicions in this respect. In all cases when Risco.ro will apply any of the measures indicated above, it will have the right, but not the obligation, to justify to the User why such measure has been taken.

14.4. Users expressly agree that the simple use of the services means an agreement and to the present Terms and Conditions. In any cases when the Users have objections or reservations as to any of the provisions contained in the present Terms and Conditions, they have the obligation to cease immediately using the website and the Services.

 

15. Offer of the service "as is"

15.1. Services and reports are offered by RisCo are made available to its Users on an "as is" basis and with no responsibility whatsoever of RisCo, related with these reports.

15.2. RisCo DOES NOT guarantee the certain, continuous and uninterrupted access to its services. Risco.ro cannot be held liable for any problem or dysfunctionality of the phone or data infrastructure, online internet systems, servers, internet services providers, equipment, software or computers, or any other factor that could harm the User's computer while using this site.

15.3. RisCo will make all reasonable efforts Users accept that incidentally the Services can become unavailable, for reasons including but not limited to malfunctioning of equipment or networks, periodic maintenance or repairing, or other reasons beyond the control of RisCo.

15.4. RisCo does not offer any guarantee and has no responsibility, for the Content offered by its partners or the Users. RisCo.ro cannot be held liable, by any means or extent, for the correctness of these information, for any delays, inaccuracies, errors or omissions with regard to the information presented, or for the transmission or publishing in full or in part of those information, for the results obtained through any kind of use of the information or Services provided through the website, for the compliance with copyright laws or the legal nature or information published on the website, or which have any link with it.

15.5. The website RisCo may contain links to other websites or other resources. Because RisCo has no control over those websites and resources, by using the website you agree that RisCo is not responsible of their availability and does not guarantee or endorse any content, publicity, products or other materials from or available on those sites or resources.

15.6. By accessing the website www.RisCo.ro you agree with its Terms and Conditions and to cover by yourself any court expenses that might arise from your breaching any of the clauses of the current agreement.

 

16. Force majeure

16.1. RisCo, it its capacity as a Supplier, will not be responsible for the lack of execution or improper execution, in full or in part, of any of its contractual obligations, should the execution of that obligation have been prevented by an unforeseeable and unavoidable event, outside the control of the part invoking the event of force majeure. RisCo and any of its Users agree that the definition of force majeure includes, without being limited to, events like war, revolution, embargo, earthquake, terrorist attack, flooding, fire, serious cyber-attack or serious malfunctions in the functioning of the internet networks, strike and illegal work cease, issuance by a competent authority of an obligatory order or any other act, which impede proper performing of activity.

16.2. In case of existence of a contract, both the starting and the end point of force majeure will be notified by the party that invokes force majeure to the other party, during 5 days from the occurrence of such an event occurrence and cease, respectively. If the notification is not completed by this term and in observance of the conditions set in this paragraph, the party that invokes Force Majeure will not benefit by its effects. The party invoking Force Majeure compels to take all necessary measures for limiting its consequences.

 

17. Notifications

17.1. Any communication, notification or notice addressed to or by RisCo is valid if transmitted by at least one of the following means: (i) in person, (ii) by courier, (iii) by post with receipt confirmation at the address: Bucuresti, Bdul Pierre de Coubertin 3-5, Office Building, etaj 5, camera 5N, sector 2, mentioning to the attention of the General Director or (iv) by electronic mail to the email address

17.2. In case the communication, notification or notice is done by post, it will be transmitted using confirmed receipt postage and it will be considered received by the recipient at the date mentioned by the receiving postal office on the confirmation receipt. If the letter is delivered in person it is considered as received, at the delivery date, and if sent by e-mail it is considered as received during the same day it was sent, if this occurred during a working day between 09:00 – 18:00 hours, or to the next working day if transmitted otherwise.

 

18. Information notice regarding personal data protection

18.1. RisCo will devote all the necessary resources and efforts to process your personal information in full compliance with the Regulation (EU) 2016/679 (General Data Protection Regulation or GDPR), as well as with any other legislation applicable in Romania. We would like to inform you constantly about how we collect, use, transfer and protect your personal data when you interact with us regarding our products and services, including through our website or through our mobile applications

18.2. Our Confidentiality policy, which contains all the details regarding personal data processing could be accessed at the address Confidentiality Policy and the policy of using cookies at the address Cookies Information.

18.3. At your own discretion, you supply us some personal data in order to create a valid account for yourself and benefit from the services, as offered through the website www.risco.ro.

18.4. User Rights: the general Regulation regarding data protection recognize a number of your rights, regarding your personal data information. You can request access to your information, correction of any mistakes from our folders and/or you can oppose to processing your personal data. At the same time, you can exert your right to complain to the competent supervision authorities or to justice. You can benefit, as case might be, from the right to request deletion of your personal information, restriction of your personal information use and the data portability rights.

You can exert at any moment the following rights:

Right to information: you can request information regarding your personal data processing activities;

Right to correct: you can correct inaccurate personal data or complete them;

Right to delete data ("the right to be forgotten"): you can request deletion of your personal data, in case their processing was illegal or in other cases as set by the law;

Right to restrict processing: you can request restriction on data processing in case you challenge the veridicality of information, and other cases by law;

Right to opposition: you can oppose, specifically, to processing of data based on our legitimate right;

Right to data portability: you can receive, under certain conditions, the personal data you sent us, in a format that can be automatically read or you can request that the respective data be transmitted to another operator;

Right of complaint: you can complain against the personal data processing method we use at the National Authority of Supervision of Personal Data Processing;

Right to withdraw you consent: you can complain against the personal data processing method we use at the National Authority of Supervision of Personal Data Processing;

Supplementary rights pertaining to automatic decisions: you can request and obtain human intervention regarding the respective processing, you can express your point of view regarding this situation and you can dispute the decision.

18.5. For the exercise of those rights you can draft a written request and send it to us by email at the address dpo@risco.ro

18.6. Whether some of your personal data is incorrect, please let us informed about that as quickly as possible.

18.7. RisCo certifies that it complies with the minimum security requests of personal data handling. RisCo uses security technologies, along with special policies and working procedures that apply to its employees, in order to protect personal data collected according to legal procedures currently in place. Our internal regulation includes confidentiality clauses regarding personal data that is processed within the organization. Our employees are periodically trained regarding personal data security and confidentiality status of al personal information processed by us. Access to the technological systems that contain personal data is restricted by user and password and is only allowed to persons authorized to that purpose

 

19. Commercial Communication

19.1. RisCo reserves the right to convey to all its users commercial communication exclusively regarding services, functionalities and facilities offered by RisCo systems, for the purpose of informing them rapidly and efficiently about their usage.

19.2. Any user is able to unsubscribe from RisCo communication by using the options to activate or de-activate them in the user account.

19.3. RisCo will not convey any commercial communication or otherwise, from any third party.

 

20. General

20.1. This Agreement contains the full and final understanding between parties, regarding the use of Services, and replace all other prior and current Agreements, in oral or in writing, regarding the use of the Services. This Agreement is personal, which means that you cannot cease the rights and obligations from this Agreement to any other third party. No third party is or may be the beneficiary of this Agreement.

20.2. These Terms and Conditions will be used along with the applicable laws of Romania. Up to the limit of the applicable jurisdiction, parties agree that Romanian courts have the exclusive and full competence to judge any litigation between parties, that could arise in conjecture with these Terms and Conditions, and irrevocably agree therefore to the legal competence to judge any litigation to the competent Romanian authorities.

 

The current Accord has been updated on 2 February 2019 and enters into force at the date of 1 March 2019.

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