1. DEFINITIONS AND TERMS
myInfo Band - is the trade name of a Service provided by S.C. GuardianAngel.NET S.R.L., a Romanian legal entity, with registered office in Sibiu, Dorului str., nr. 20C, ap. 17, having the number in the Trade Register J40/1798/2020, unique tax registration code RO43504311.
Seller – S.C. GuardianAngel.NET S.R.L. or any partner of S.C. GuardianAngel.NET S.R.L., which may sell on behalf of or for GuardianAngel.NET SRL its products and services, in packages or separately, individually
Buyer – can be any natural person who is at least 18 years old, any legal person or any legal entity that creates an Account on the Website or in the Application and places an Order, respectively completes a Purchase.
Customer –can be any natural person who is at least 18 years old, any legal entity that has or obtains access to the Content, through any means of communication made available by S.C. GuardianAngel.NET S.R.L. (electronic, telephone, etc.) or under a user agreement existing between S.C. GuardianAngel.NET S.R.L. and them and which requires the creation and use of an Account.
User – any natural person who is at least 18 years of age or any legal entity registered on the Website or the Application who, by completing the Account creation process, has agreed to the platform-specific terms in the General Terms and Conditions section.
Nickname –a pseudonym by which a specific User/Customer/Buyer can add content to the Website or App. The nickname is associated with the User's / Customer's / Buyer's information on the Website or in the Application under the name "User Name”.
Account – section of the Website or the App consisting of an e-mail address and a password, which allows the Buyer to place an order and which contains information about the User/Customer/Buyer and his/her history on the Website and the App (Orders, tax invoices, goods warranties, identification data, medical history, etc.). The User/Customer/Buyer is directly responsible and liable for ensuring that all data entered when creating the Account is correct, complete and up-to-date.
My basket– section of the Account that allows the User/Customer/Buyer to add Goods or Services they wish to purchase at the time of addition or later
Website – online shop hosted at www.ganet.ro and its subdomains
Application – mobile application called "myInfoBand", made available by S.C. GuardianAngel.NET S.R.L. to all visitors or registered users.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer, whereby the Buyer conveys to the Seller his intention to purchase Goods or Services, via the Website or the App.
Goods and services– any product or Service listed on the Website and the App, including products and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the contract concluded between the two parties.
Subscriptions –agreement whereby, in exchange for a sum of money (paid in advance), the Buyer obtains the right to use the services offered by S.C. GuardianAngel.NET S.R.L., for a certain period of time.
Beneficiary - any natural person who is at least 18 years of age or any legal entity registered on the Website or in the Application who, under a contract, benefits from the Goods and Services provided by S.C. GuardianAngel.NET S.R.L.
Campaign –the act of displaying for commercial purposes a finite number of Goods and/or Services, having a limited and predefined stock, for a limited period of time set by the Seller.
Contract – is the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
⮚ all information on the Website that can be visited, viewed or accessed using electronic equipment;
⮚ all information on the Application that can be visited, viewed or accessed using electronic equipment;
⮚ the content of any email sent by the Seller to the Buyer, by electronic means and/or other available means of communication;
⮚ any information communicated by any means whatsoever by an employee/employee of the Seller to the Buyer in accordance with contact information, whether or not specified;
⮚ information relating to the Goods and/or Services and/or the rates charged by the Seller in a given period;
⮚ information relating to the Goods and/or Services and/or the rates charged by a third party with whom the Seller has partnership/promotion/resale agreements in a given period;
⮚ data relating to the Seller or other inside information about the Seller.
Document –these Terms and Conditions.
Transaction – collection or reimbursement of an amount resulting from the sale of a Good and/or Service by S.C. GuardianAngel.NET S.R.L., to the Buyer, by using the services of the card/payment processor agreed by the Seller, regardless of the method of delivery.
Specifications –all specifications and/or descriptions of the Goods and Services as stated in their description.
“Cut price” – is the reference price, i.e. the lowest price charged by the Seller, at least during the last 30 days before the date of application of the price reduction to the Goods. In accordance with the law, the price cut may also be maintained in the event of a successive, gradual reduction.
„Sale price” – represents the value of the Goods, claimed and requested by the Seller to the User/Customer/Buyer, highlighted accordingly in the "Products" section of the Website and the App, respectively in the presentation label of the products displayed in the Showrooms. The Seller may display separately, in a visible manner, the value amount of the difference between the Sale Price and the Cut Price.
2. CONTRACT DOCUMENTS
2.1. The document and information made available by the Seller on the Website and in the App shall form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or a supplier of the Seller for the Goods purchased.
2.2. The notification received by the Buyer after the Order has been placed is for information purposes and does not constitute acceptance of the Order. This notification shall be made electronically (e-mail) or by telephone. Other PUSH/SMS/Email notifications may appear in relation to different features in the app (Share request/reject share, password reset...).
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If the Seller changes the quantity of Goods and/or Services in the Order, it shall notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order and refund the amount paid.
2.4. The contract shall be deemed to be concluded between the Seller and the Buyer upon receipt by the Buyer, via e-mail and/or SMS, of the notification of dispatch of the Order from the Seller.
3. ASSIGNMENT AND SUBCONTRACTING
3.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfilment of the Order, with the Buyer's notice, without the Buyer's consent. The Seller shall at all times be liable to the Buyer for all contractual obligations.
3.2. By accepting the Terms and Conditions, the User/Customer/Buyer agrees to the assignment to any third party of any of its rights and obligations under the Subscription, and GuardianAngel.NET S.R.L. shall notify the third party to this effect at the telephone number entered by the third party in the Application and/or on the Website..
4. ONLINE SALES POLICY
4.1. Access to place an Order is granted to any User / Customer / Buyer.
4.2. For justified reasons, S.C. GuardianAngel.NET S.R.L. reserves the right to restrict the access of the User/Customer/Buyer to place an Order and/or to some of the accepted payment methods, if it considers that, based on his/her conduct or activity on the Website or in the Application, his/her actions could in any way harm S. C. GuardianAngel.NET S.R.L. In any of these cases, the User/Customer/Buyer may contact the Customer Relations Department of S.C. GuardianAngel.NET S.R.L., in order to be informed of the reasons that led to the application of the aforementioned measures.
4.3. Communication with the Seller may be carried out through direct interaction with the Seller, including through online support (Live Chat) or through the addresses mentioned in the "Contact" section of the Website or the Application. The Seller is free to manage the information received without having to provide justification for it.
4.4. S.C. GuardianAngel.NET S.R.L. may publish on the Website and in the Application information about Goods and/or Services and/or promotions practiced by it or by any other third party with which S.C. GuardianAngel.NET S.R.L. has concluded partnership/promotion/resale contracts, in a certain period of time and within the limit of available stock.
4.5. All prices for Goods and/or Services presented on the Website and in the Application are expressed in LEI (RON) and do NOT include VAT or other costs that are not GuardianAngel.NET SRL's responsibility (delivery costs, return costs, bank fees for payments of services and products, electronic payment fees, etc.); .
4.6. In the case of online payments, the Seller is/cannot be responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the card, if the currency of issue of the card differs from RON. The Buyer is solely responsible for this action.
4.7. Any information used to describe the Goods and/or Services available on the Website and in the Application (static/dynamic images/multimedia presentations, etc.) does not represent a contractual obligation on the part of the Seller and is used solely for presentation purposes.
5. GENERAL INFORMATION ON PAYMENTS AND AUTHORISATION OF MOBILE TERMINAL TRANSACTIONS
5.1. S.C. GuardianAngel.NET S.R.L. and partners of S.C. GuardianAngel.NET S.R.L. do not have access to and do not collect information related to the financial transactions of the User / Client / Buyer, having registered in the database only the information communicated by the payment processor, namely the last 4 digits of the associated card and its expiry date.
5.2. S.C. GuardianAngel.NET S.R.L. may refuse an order for the purchase of Services through the Application, following a prior notification to the User / Client / Buyer, without any obligation between the parties and without one party being able to claim damages from the other party, for the following situations:
⮚ failure / invalidation of the Transaction via the Application;
⮚ non-acceptance by the issuing bank of the User's / Customer's / Buyer's card / Transaction;
⮚ incomplete or incorrect payment data of the User / Customer / Buyer;
⮚ the activity of the User / Client / Buyer may cause damage to S.C. GuardianAngel.NET S.R.L. and/or its partners;
⮚ consecutive failed service requests;
⮚ failure to comply with any provision of this Document;
⮚ other objective reasons.
5.3. The functioning of the App is conditional on an internet connection (WIFI or mobile data) and the optimal functioning of the mobile device. S.C. GuardianAngel.NET S.R.L. shall not be liable for the inability of Users/Customers/Buyers to use the Application due to the fact that their device does not have internet access or has run out of battery. S.C. GuardianAngel.NET S.R.L. shall not be held liable and shall not compensate the Users/Customers/Buyers for any additional cost over and above the subscription or card cost, generated as a result of using the Application.
6. ONLINE SECURITY PAYMENT
6.1. The application and the Website ensure a level of security that complies with the requirements of remote electronic payment systems.
6.2. The User's / Customer's / Buyer's payment information is stored in the systems of the payment processor MobilPay, which is also solely responsible for the security of the User's / Customer's / Buyer's card transactions.
6.3. All connections and communications between the Application, the systems of S.C. GuardianAngel.NET S.R.L. and the payment processor are encrypted and secure.
6.4. For more details on how the User's / Client's / Buyer's information is stored, as well as on the security of the transactions carried out, it is recommended to visit the MobilPay payment processor's page, https://mobilpay.com/.
7. ACCESS TO SERVICES
7.1. The subscription is nominal and cannot be transferred to any third party. The type of Subscription to which the User/Customer/Buyer has access will be automatically uploaded to his/her user account.
7.2. The Contract / Subscription shall be validly concluded on the date of confirmation of the order by GuardianAngel.NET S.R.L., i.e. on the date of uploading of the User's / Client's / Buyer's subscription to the user account, following payment of the selected Subscription type.
7.3. S.C. GuardianAngel.NET S.R.L. reserves the right to discontinue the use of any user account or password at any time in the event of violation of the provisions of this Document or in the event of suspected fraud.
7.4. The sums paid by way of price to S.C. GuardianAngel.NET S.R.L. shall become its property and shall not be subject to refund regardless of whether the User/Customer/Buyer uses the Services provided for in the Subscription or not during its validity period.
If the User/Customer/Buyer has access to the Services of S.C. GuardianAngel.NET S.R.L. through his/her employer (the Organization):
7.5. If the User/Customer/Buyer's access to the Application is regulated by an Organization whose employee or collaborator he/she is, the validity of the Subscription is conditioned by his/her quality of employee/collaborator of the Organization, as well as by the validity of the agreement/contract/protocol/partnership between the Organization and S.C. GuardianAngel.NET S.R.L.
7.6. The access of the User / Client / Buyer is ensured by means of e-mail and password. If he/she becomes a client of the service and receives a user identification code (ID), a password or any other information related to the security procedures of the Website and the Application, he/she must consider any such information as strictly confidential and must not provide it to any third party.
7.7. S.C. GuardianAngel.NET S.R.L. shall open/suspend/close said user accounts on the instructions of the Organization, under the terms and conditions stipulated in the contracts concluded between S.C. GuardianAngel.NET S.R.L. and the Organization. The list of services to which the User/Customer/Buyer has access is determined by the agreement between the Seller and the Organization, and it is possible that they may differ from the type of subscriptions available for purchase from the Application or the Website.
7.8. S.C. GuardianAngel.NET S.R.L. may assist the Organization in opening and closing access accounts only at the Organization's express request.
7.9. S.C. GuardianAngel.NET S.R.L. cannot open, close or modify in any way the access accounts without the specific consent of the Organization and is not responsible for accounts closed/opened/modified incorrectly at the request of the Organization. At the same time, S.C. GuardianAngel.NET S.R.L. has the right to suspend or restrict the access of the User/Customer/Buyer if the Organization does not comply with its contractual obligations towards S.C. GuardianAngel.NET S.R.L.
If the User/Customer/Buyer has access to the Services offered by S.C. GuardianAngel.NET S.R.L. as a result of purchasing a Subscription directly from the Application or from the Website:
7.10. Subscription – S.C. GuardianaAngel.NET S.R.L. offers you the possibility to purchase a Subscription directly from the Application or from the Website, from your user account. The price of the Subscription, as well as the access to the Services and benefits related to each type of Subscription will be regulated in accordance with the Terms and Conditions applicable at the date of their purchase from the platform, and their acceptance represents the User/Customer/Buyer's agreement to conclude this Contract (Subscription).
7.11. Types of subscription – S.C. GuardianaAngel.NET S.R.L. offers access to several types of Subscriptions or Services. These will be purchased by the User/Customer/Buyer at the displayed price and will have the content displayed at the date of purchase.
7.12. Payment – Once the desired subscription type is selected, the User/Customer/Buyer will be redirected to the MobilPay payment processor page. Once the transaction is completed, the selected Subscription type will be automatically uploaded to their user account. By accepting the Terms and Conditions, the User/Customer/Buyer confirms that the payment is considered accepted when the account of GuardianAngel.NET S.R.L. is debited with the amount of the Subscription selected by him/her.
7.13. Subscription duration – The standard duration of the Subscription purchased is one year. At the end of the contractual period, the User's/Customer's/Buyer's Subscription will expire and all information, documents and data uploaded to the user account will be visible only to the Beneficiary. If the Subscription is not renewed within 30 days from the expiry date, all information, documents and data uploaded to the User Account will be permanently deleted and cannot be retrieved. The exception is in cases where the user is the beneficiary of a Purchase made by a public organization (Local Public Authority, Social Welfare Department, DGASPC, DJASPC, other authority) or private organization (NGOs, organizations and projects financed by European, national or international funds, private donations, etc.). In such cases, the duration of the subscription may be unlimited or for a period of more than one year.
7.14. Recurring payment- The User's / Customer's / Buyer's Contract / Subscription will be concluded for a period of one year, with automatic extension. If the Customer opts for the recurring subscription payment system, he/she expressly agrees that the payment for the first year will be made by him/her through the payment processor, and that in subsequent years it will be made by automatic debiting of the card inserted in the Application / the corresponding bank account by S.C. GuardianAngel.NET S.R.L. or any other representative authorized for this purpose.
7.15. Impossibility of payment - If, starting with the second year of Subscription, S.C. GuardianAngel.NET S.R.L. and/or its representative finds out that the payment of the Subscription cannot be made for that year for attributable reasons (such as but not limited to insufficient funds, expiration of the bank card entered in the Application), S.C. GuardianAngel.NET S.R.L. will inform you about this and you will have 30 (thirty) days to enter a valid card in the Application and make the payment. If the payment cannot be processed within this grace period, the User/Customer/Buyer's access to the services will be permanently suspended.
7.16. Termination in case of non-payment - If within 30 (thirty) days from the date of notification the User/Customer/Buyer does not make the outstanding payments, the Subscription shall be deemed terminated without any further formality or prior notification being required. Also, TERMINATION OF THE SUBSCRIPTION BEFORE THE EXPIRY DATE SHALL OBLIGE THE USER/CUSTOMER/BUYER TO PAY THE CONSIDERATION FOR THE SERVICES HE/SHE HAS RECEIVED UP TO THAT TIME AT THEIR LIST PRICE, FROM WHICH THE PAYMENTS FOR THE YEARS OF SUBSCRIPTION PAID UP TO THAT TIME SHALL BE DEDUCTED ACCORDINGLY, THIS CLAUSE HAVING THE MEANING OF A PENALTY CLAUSE (TERMINATION CLAUSE). By this Contract, the User/Customer/Buyer irrevocably and unconditionally authorizes S.C. GuardianAngel.NET S.R.L. and/or any of its representatives to directly and automatically debit its bank account, up to the amount of the Subscription year and/or, as the case may be, the amount of the penalty (termination) clause, in case it becomes applicable.
7.17. Termination of subscription - The subscription stops in one of the following situations: (a) by agreement of the parties; (b) at the end of the period for which it was concluded; (c) by its termination by S.C. GuardianAngel.NET S.R.L., in case of non-payment or in case of breach of the provisions contained in the Document.
7.18. Disposal - By accepting the Terms and Conditions, the User/Customer/Buyer agrees to the assignment to any third party of any of his/her rights and obligations under the Subscription, S.C. GuardianAngel.NET S.R.L. shall send a notification to this effect to the telephone number entered by him/her in the Application.
7.19. Express acceptance - The User/Customer/Buyer declares that he/she fully understands all the provisions contained in this Document and expressly accepts the clauses relating to (i) the penalty clause set out in Article 7.16; (ii) the right of S.C. GuardianAngel.NET S.R.L.'s right to suspend the Subscription, provided for in art. 7.7, 7.9 and 7.15; (iii) the limitation of GuardianAngel.NET S.R.L.'s liability for the manner in which the Services are provided by GuardianAngel.NET S.R.L.'s partners, provided for in Article 9.
8. REGULATIONS APPLICABLE TO THE BENEFICIARIES
8.1. On the basis of the Subscription, the Beneficiaries have free access or benefit from discounts/offers within the programme dedicated to Subscribers, under the conditions specified in the Contracts concluded directly with them or in their favor, or with another natural or legal person (their employers/spouse/child's employers, other organizations purchasing the service packages and subscriptions for and on their behalf).
8.2. The list of services included in each of the packages offered by S.C. GuardianAngel.NET S.R.L. is accessible on the Website or in the Application. The User/Customer/Purchaser may not rely on the lack of knowledge of the annexes to the contract containing the list of Services included in full or at a discount in his/her Subscription. The User/Customer/Buyer is obliged to request, prior to receiving a Service, information on the availability of the recommended/desired services. Any omission constitutes the User/Customer/Buyer's agreement to pay for the Services received at the list price.
8.3. If the User/Customer/Buyer requests the provision of the Services under conditions other than those communicated by the partner S.C. GuardianAngel.NET S.R.L. or refuses to allow his/her identification by scanning the QR code or providing the telephone number, he/she will be obliged to pay for all the services provided, at list price or with discount, regardless of whether they were included in the purchased subscription/package or not;.
8.4. Prior to presenting at a S.C. GuardianAngel.NET S.R.L. location, the User/Customer/Buyer is obliged to check the services included in the Subscription contract and the conditions for accessing a Service, if any.
8.5. The User/Customer/Buyer accepts that any Services exceeding the Subscription will be covered exclusively by the Subscription, S.C. GuardianAngel.NET S.R.L. not being responsible in any way for the pricing policy of the partners/organizations that buy and resell the packages/services/products or re-sell them.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
9.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website and in the Application, are the exclusive property of S.C. GuardianAngel.NET S.R.L., which reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication),
9.2. The User/Customer/Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the one originally intended by S.C. GuardianAngel.NET S.R.L., the inclusion of any Content outside the Website or the Application, the removal of the signs that indicate the copyright of S.C. GuardianAngel.NET S.R.L. on the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, unless with the express written consent of S.C. GuardianAngel.NET S..R.L.
9.3. All company names, trademarks, service marks, trade names, logos and logos are protected by the applicable rules on intellectual property rights. Nothing contained in the Application Content shall be construed as granting any license or right to use any trademark displayed on the Website without the written permission of GuardianAngel.NET S.R.L. or third parties that may own such trademarks.
9.4. Any Content to which the User/Customer/Buyer has and/or obtains access by any means whatsoever is subject to the Document, if the Content is not accompanied by a specific and valid use agreement concluded between S.C. GuardianAngel.NET S.R.L. and the User/Customer and without any implicit or express guarantee made by S.C. GuardianAngel.NET S.R.L. with reference to that Content.
9.5. The User/Customer/Buyer may copy, translate and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
9.6. If S.C. GuardianAngel.NET S.R.L. grants the User/Customer/Buyer the right to use, in the form described in a separate user agreement, a specific Content to which he/she has or obtains access as a result of the agreement, this right extends only to that/those content(s) defined in the agreement, only for the period of existence of that/those content(s) on the Website and in the Application or the period defined in the agreement, according to the conditions defined, if they exist and do not represent a contractual commitment on the part of S. C. GuardianAngel.NET S.R.L. for the respective User / Client / Buyer or any other third party who has / obtains access to this content transferred, by any means and who could be / is prejudiced in any way from this content, during or after the expiry of the use agreement.
9.7. No Content transmitted to the User / Client / Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him/her by accessing, visiting and/or viewing shall constitute a contractual obligation on the part of S.C. GuardianAngel.NET S.R.L. and/or the employee / alleged employee of S.C. GuardianAngel.NET S.R.L., who has mediated the transfer of Content, if any, with respect to such Content.
9.8. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.
9.9. The User/Customer/Buyer may download and use the Application exclusively for personal, non-commercial purposes, for which S.C. GuardianAngel.NET S.R.L. grants a non-exclusive and limited license in this regard. Thus, the following are prohibited:
⮚ using the App for illegal purposes;
⮚ selling, exporting, licensing, modifying, copying, reverse engineering, distributing or transmitting the Application without the prior written consent of GuardianAngel.NET S.R.L.;
⮚ making derivative works, sub-licensing, lending or using the Application, the software underlying the Application or any of its components for other purposes;
⮚ otherwise making the Application available for copying by a third party;
⮚ republishing material uploaded to the Application (including republishing on various online and/or offline sites or platforms);
⮚ public display of any material uploaded to the Application;
⮚ reproducing, copying or exploiting material uploaded to the App for commercial purposes.
10.1. User / Customer / Buyer can place Orders on the Website and in the App, by adding the desired Goods and/or Services to the shopping cart and completing the Order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a Good and/or Service is available for purchase to the extent that there is stock available for it. The addition of a Good and/or Service to the shopping cart, without the completion of the Order, does not entail the registration of an Order, nor the automatic reservation of the Good and/or Service.
10.2. By completing the Order, the Buyer agrees that all data provided by the Buyer necessary for the purchase process is correct, complete and true at the time of placing the Order.
10.3. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
10.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either party to the other or without either party being entitled to claim damages against the other in any case:
⮚ non-acceptance of the transaction by the Buyer's card-issuing bank in the case of online payment;
⮚ invalidation of the transaction by the card/payment processor approved by S.C. GuardianAngel.NET S.R.L., in case of online payment;
⮚ the data provided by the User/Customer/Buyer on the Website or in the Application are incomplete and/or incorrect;
10.5. The availability of an Asset will be displayed on the Website and in the App as follows:
⮚ “in stock” – there are a minimum of 3 pieces in stock of S.C. GuardianAngel.NET S.R.L.
⮚ “limited stock” – there are less than 3 pieces in stock of S.C. GuardianAngel.NET S.R.L.
⮚ “preorder” – The goods are not available in the stock of S.C. GuardianAngel.NET S.R.L. nor in the stock of the supplier. If the Buyer registers an Order for a Good that has "pre-order" displayed next to it, one of our sales consultants will check the supplier's supply deadline and will contact the Buyer to inform him of the availability of the Good..
⮚ “out of stock” – The goods are no longer available in stock of S.C. GuardianAngel.NET S.R.L.
⮚ “momentarily unavailable” – The product is not currently available because it is not in stock with the supplier.
11. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
11.1. The following are exempted from the right of withdrawal from the Contract:
⮚ contracts for the provision of services, after full performance of the services, if performance has commenced with the Buyer's express prior consent and after the Buyer has confirmed that it is aware that it will lose its right of withdrawal after full performance of the Contract by the Seller;
⮚ the supply of Goods made to the specifications submitted by the Buyer or clearly customized;
⮚ the supply of digital content which is not delivered on a tangible medium, if the performance has commenced with the Buyer's express prior consent and after the Buyer has confirmed that he has become aware that he will lose his right of withdrawal.
⮚ Thus, the Buyer may not withdraw from the contract and may not return the product/bearer products or claim compensation if he has activated the subscription in the package purchased, i.e. the association between his profile and the bracelet/bearer bracelets included in the package/ordered;
12.1. S.C. GuardianAngel.NET S.R.L. will keep confidential the information of any nature that the User/Customer/Buyer provides. The disclosure of the information provided may only be made under the conditions mentioned in this Document.
12.2. No public statement, promotion, press release or any other disclosure to third parties will be made by the User/Customer/Buyer regarding the Order/Contract without the prior written consent of the Seller.
12.3. By submitting information or materials through the Website or the App, the User/Customer/Buyer grants the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. The User/Customer/Buyer must also agree that the Seller may freely use, for its own purposes, such information, ideas, concepts or techniques that it has transmitted via the Website or the Application. S.C. GuardianAngel.NET S.R.L. shall not be subject to any obligations regarding the confidentiality of the information sent, unless otherwise specified by the legislation in force.
13. BILLING - PAYMENT
13.1. The prices of the Goods and Services displayed on the Website and the App do NOT include VAT, but it is displayed separately and explicitly, according to the legislation in force.Thus, the total price displayed is composed of the price charged by the Seller for packages, plus VAT and, where applicable, the courier/delivery fee for the package/
13.2. The price, method of payment and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, it being the Buyer's obligation to provide all the information required to issue the invoice in accordance with applicable law.
13.3. The Seller shall send the Buyer the invoice for the Order containing Goods and/or Services sold by S.C. GuardianAngel.NET S.R.L., as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer's Account or by electronic mail, to the e-mail address mentioned by the Buyer in the Personal Account.
13.4. In order to correctly communicate the invoice related to the Order, the Buyer is obliged to update, whenever necessary, the data in the Personal Account and to access the information and documents related to each Order in the Account.
13.5. By this means of communication, the Buyer will keep a record of the invoices issued by S.C. GuardianAngel.NET S.R.L. in the Personal Account, having the possibility to save and archive them at any time.
13.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format, by having them added by GuardianAngel.NET S.R.L. to the Personal Account and by electronic mail, to the e-mail address mentioned by the Buyer in the Personal Account.
13.7. If this information is unavailable for more than 48 hours in the Account, the User/Customer/Buyer is requested to report this to the e-mail address:[email protected].
13.8. Payment by MobilPay is a fast online card payment method, which consists of making the payment by using the Token associated with the card, without the need to enter the payment card details for each Transaction.
13.9. In order to use MobilPay, this option can be activated by the User/Customer/Buyer when placing an Order: at the time of payment by bank card, select/unselect the option to save the payment method.
14. Goods delivery
14.1. The conditions of delivery of the Goods and Services sold by S.C. GuardianAngel.NET S.R.L. can be found in the section "Delivery of orders".
14.2. The Seller shall ensure the appropriate packaging of the Goods and shall ensure the transmission of the documents related to each Good.
14.3. The Seller shall deliver the Goods and Services both in Romania and abroad.
15.1. All goods sold by S.C. GuardianAngel.NET S.R.L., benefit for 6 months from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The goods are new, in original packaging and come from sources authorized by each manufacturer.
15.2. In the case of goods sold and delivered by S.C. GuardianAngel.NET S.R.L., the warranty certificates are issued directly by the manufacturer, if it has a national service network.
15.3. The lack of the warranty certificate of the Goods must be reported within 48 hours of receipt of the certificate by e-mail to [email protected]. Any subsequent notification will not be taken into account.
16. TRANSFER OF PROPERTY
16.1. Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (delivery = the moment when the goods are handed over and the transport document provided by the courier or the fiscal invoice in the case of deliveries made by GuardianAngel.NET S.R.L. personnel is signed upon receipt by the Buyer).
17.1. The Seller shall not be liable for damages of any kind which Buyer or any third party may suffer as a result of Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery or for loss thereof.
17.2. By creating and using the Account, the User/Customer/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing its access. To the extent permitted by applicable law, the User/Customer/Buyer is responsible for the activity carried out through his/her Account.
17.3. By creating the Account and/or using the Content and/or placing Orders, the User/Customer/Buyer expressly and unequivocally accepts the Terms and Conditions of the Website and the Application, in the latest updated version that is communicated within the Website and the Application, existing at the date of creating the Account and/or using the Content and/or placing the Order.
17.4. The Seller reserves the right to periodically update and amend the Terms and Conditions of the Website and the Application to reflect any changes in the manner and conditions of its operation or any changes in legal requirements. The document is enforceable against Users/Customers/Buyers from the moment it is displayed on the Website and the Application. In the event of any such changes, an updated version of the Document will be displayed on the Website and the Application, and the User/Customer/Buyer is therefore requested to check its content periodically..
18. PROCESSING PERSONAL DATA
19. MOBILE APP "myInfoBand"
The Terms and Conditions of Use (together with the documentation referred to therein) constitute the terms and conditions of use under which the User/Customer/Buyer may access and use the Application made available by S.C. GuardianAngel.NET S.R.L., as a visitor or as a registered user.
The User/Customer/Buyer is kindly requested to carefully read the terms and conditions of use when accessing the Application, as they are applicable to any type of use of the Application.
19.1. MYINFOBAND APPLICATION FEATURES
19.1.1. The App can be downloaded for free by anyone. In order to have access to the myInfo Band Service, the User/Customer/Buyer must be a Service Beneficiary. The Beneficiary is the User who has access to the Application and Services offered by the Seller on the basis of a Subscription offered by the Seller.
19.1.2. The User/Customer/Buyer may have access to the myInfo Band Service through a third party organization such as his/her employer or one of S.C. GuardianAngel.NET S.R.L. 's partner companies or directly as a result of purchasing products offered by the Seller directly from the Application.
19.1.3. In order to access the myInfo Band Service, it is necessary to create a user account, by entering the e-mail address, first name, last name and telephone number. Registration requires the validation of the e-mail and/or telephone number (OTP code) and the setting of a password. In order to avoid the use of the Application by other persons without the consent of the User/Customer/Buyer, it is recommended to set a password that is not known or easily identifiable by a third party. If the User/Customer/Buyer has forgotten the password or if it has been accidentally disclosed by a third party, it is recommended that the User/Customer/Buyer change the password or contact the Seller by telephone or at [email protected] as soon as possible.
19.1.4. Currently, the App allows access to services and functionalities such as:
⮚ purchase subscriptions directly from the App;
⮚ purchase products directly from the App;
⮚ user account access and management;
⮚ upload personal information, medical information and medical documents;
⮚ QR code scanning;
⮚ management of bracelet holder profiles;
⮚ sharing profile and medical history with authorized doctors (emergency doctor, ambulance doctor, family doctor, etc.)
19.2. ACCESS TO THE myInfoBand APP
19.2.1. The app can be downloaded and used on any smartphone or tablet with GSM / WIFI connection and Android or iOS operating system. In order to use the Services, it is necessary for the User/Customer/Buyer to activate the Account, based on the phone number and email address. Also, during the registration process, he/she will need to validate the phone number or email address by entering the OTP code received on the email address or phone (depending on the option chosen by the User / Customer / Buyer) and set a password.
19.2.2. In order to guarantee data security, the User/Customer/Buyer is advised not to disclose the registration data to any person. Furthermore, if the User/Customer suspects that the registration data has been disclosed, it is recommended that the password be changed immediately.
19.2.3. Registration as a User implies acceptance of the provisions of the Terms and Conditions and the Personal Data Processing Policy of S.C. GuardianAngel.NET S.R.L..
19.2.4. The User/Customer/Buyer expressly accepts that he/she is aware that the use of the Application is essential for performing a transaction, for accessing the Account and performing any other actions within the Account, and that the loss of its details or the disclosure of authentication elements to third parties may result in the loss of the Account, unwanted transactions, access to personal data or even the closure of the Account.
19.2.5. After the creation of the Account, the following personal data will be collected for the provision of the Services offered through the Application: name, phone number, valid email, geo-location (in the case of the latter, the settings on the mobile device can be changed, but there is a risk that certain features of the Application may cease or change their functionality).
19.2.6. Also, in order for the Application to function optimally, it is necessary that the User/Customer/Buyer allows the Application to access certain functions of the mobile device, as requested by system messages received within the Application: camera, photo gallery, sms, location (GPS), as well as other functions that may be added during the development of the Application, according to the message received through the Application itself. These functions can only be accessed after the User/Customer/Buyer has expressly granted access.
19.2.7. With regard to geo-location, the User/Customer/Buyer is kindly requested to note that if he/she does not choose to have geo-location work only when the Application is open, or does not close it manually after closing the Application, it will continue to run in the background of his/her phone, still providing geo-location data. At the same time, if it decides not to allow access to geo-location, certain functionalities will be accessible only to a limited extent (e.g. the App will not allow the identification of the city where the owner is located and will not allow access to medical information by authorized personnel in the approved area).
19.2.8. If the User/Customer/Buyer does not have a mobile device or the downloaded App with them at the time of their visit to the partner's location, it will be possible to identify them as a Beneficiary based on their phone number and/or email, provided that they provide this information at the time of their visit to partner S's location. C. GuardianAngel.NET S.R.L. In this case, in order to identify the Beneficiary's status and to avoid situations of unauthorized use of your account to carry out the transaction by another person, the partner of S.C. GuardianAngel.NET S.R.L. will ask him to present an identity document.
19.3. USER ACCOUNT AND PASSWORD
19.3.1. In order to have access to the Services and benefits offered by the Seller it is necessary to create an Account. For the creation of the Account it is necessary that the User/Customer/Buyer accepts the Terms and Conditions as well as the Personal Data Processing Policy. The Account is created on the basis of his/her personal data (e-mail, name, surname, telephone number) and it is also necessary to set a password.
19.3.2. In order to purchase services from the Seller's partners and to benefit from its discounts or offers, the User/Customer/Buyer has the possibility to register a credit or debit card within the Application.
19.3.3. All financial transactions and payments made for the purchase of the Services provided through the Application are processed by the payment processor MobilPay.
19.3.4. At the time of entering the card into the Application, the User/Customer/Buyer is redirected to the MobilPay payment processor's page and the payment processor will ask the User/Customer/Buyer for consent to save the card. In order to verify the veracity and validity of the card, the Processor may authorize a payment of 1 RON (blocking the money on the customer's account), which will be automatically released after the security checks are completed.
19.3.5. The application allows Users/Customers/Buyers to pay for services directly with the bank card enrolled in the application.
20. LINKS TO THE MYINFOBAND APP
20.1. User / Customer / Buyer may refer to the Application through a link, as long as it does so in a fair manner that does not harm the reputation of GuardianAngel.NET S.R.L. and does not take advantage of its reputation for personal purposes.
20.2. The User/Customer/Buyer is prohibited from creating a link in such a way as to suggest in any way any form of association, approval or support from GuardianAngel.NET S.R.L. when there is no such situation. It must not establish a link to the Application within a website that does not belong to it. S.C. GuardianAngel.NET S.R.L. reserves the right to withdraw the link to the Website without prior notice.
20.3. If the User/Customer/Buyer wishes to use content from the Website other than in the above situations, please contact S.C. GuardianAngel.NET S.R.L. by e-mail at [email protected].
21. LINKS TO THIRD PARTIES
21.1. Any links to other websites or other resources provided by third parties are provided for the User's / Customer's / Buyer's information only. S.C. GuardianAngel.NET S.R.L. has no control over the content or resources of those websites.
22.1. S.C. GuardianAngel.NET S.R.L. does not guarantee that the Application or the Website will be secure or virus-free. The User/Customer/Buyer is directly responsible for configuring his/her IT systems for access to the Application and the Website and for using his/her own anti-virus software. He/she must not misuse the Application and the Website by introducing viruses, trojans, worms or other material that may create technological problems. They must not attempt to gain unauthorized access to the Application or the Website or allow access to them by a third party.
22.2. The User/Customer/Buyer must not attack through denial-of-services or distributed denial-of-services attacks. By violating this provision, he/she commits an offense under Romanian law and S.C. GuardianAngel.NET S.R.L. will report any such violation to the competent investigative authorities and will cooperate with the authorities by providing the identity of the User/Customer/Buyer to them. In the event of such violation, the User/Customer/Buyer's right to use the Application and the Website shall immediately cease.
23. MAJOR FORCE
23.1. In the event of force majeure or fortuitous event, GuardianAngel.NET S.R.L. cannot be held responsible for the non-fulfilment or inadequate fulfillment of its obligations. GuardianAngel.NET S.R.L. shall also not be liable for the act of a third party, when this has the characteristics of a fortuitous event or force majeure. For the purposes of this Contract, force majeure is an event beyond the control of the parties, such as fires, earthquakes or other natural disasters, wars, revolutions, strikes, pandemics, restrictions resulting from quarantine, technical problems affecting the functionality of the Application, orders or acts of public authorities, etc.
LIABILITY OF S.C. GUARDIANANGEL.NET S.R.L. IN RELATION TO BENEFICIARIES
23.2. S.C. GuardianAngel.NET S.R.L. has no responsibility regarding:
⮚ erroneous information provided by the Beneficiary. The Beneficiary has the possibility of correcting the personal data in the account created on the Website or in the Application at any time or by contacting GuardianAngel.NET S.R.L. directly at the contact details available on the Website or in the Application;
⮚ the possibility of contacting viruses by accessing the Website or the Application or by receiving informative or promotional e-mails;
⮚ inconveniences created by interrupted access to the Application due to the Internet Service Provider (ISP);
⮚ the content or nature of the sites through which a User/Customer/Buyer links to the Application.
24. LIMITATION OF LIABILITY FOR APPLICATION CONTENT
24.1. The entire contents of the App are delivered on an "as available", "as is" basis without any warranties of any kind either express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
24.2. S.C. GuardianAngel.NET S.R.L. does not guarantee the accuracy, completeness, timeliness or certainty of any Content made available through the Application or the Website. Users/Customers/Buyers are responsible for verifying any information before relying on it. Use of the App and the Website is at the sole risk of the User/Customer/Buyer.
24.3. Although S.C. GuardianAngel.NET S.R.L. makes every effort to ensure that the User / Client / Buyer has access to the Services and Goods offered, it cannot guarantee that the Application or the Website are free of errors or that there will be no errors or omissions in their Content. Nor can it guarantee that the Application, the Website and their Content will be accessible at all times without interruption. S.C. GuardianAngel.NET S.R.L. shall not be liable in the event that the Application and/or the Website cannot be accessed, regardless of the reason for the impossibility of access and regardless of the duration of such impossibility.
24.4. Furthermore, S.C. GuardianAngel.NET S.R.L. shall not be liable for any damage caused by a virus, denial-of-services or distributed denial-of-services attack, or any other type of technological material that may infect the computer, IT system or the User's/Customer's/Purchaser's data as a result of using the Website or other websites on the Website.
25. MODIFICATION OF TERMS AND CONDITIONS
25.1. S.C. GuardianAngel.NET S.R.L. may revise the Terms and Conditions of Use and any other applicable terms at any time by amending the relevant pages. The Terms and Conditions may undergo any modification, without prior notice, being made known by being posted directly on the Application or on the Website.
25.2. The User/Customer/Buyer is requested to check the relevant pages for any changes to the Terms and Conditions of Use, as such changes will apply to him/her from the time of update. If he/she uses the App or the Website after a change, he/she accepts the amended Terms and Conditions.
25.3. S.C. GuardianAngel.NET S.R.L. reserves the right to update the Application and the Website at any time and to change their Content. However, the User/Customer/Buyer is kindly requested to bear in mind that the Application and/or the Website may be out of date at the time of viewing them and S.C. GuardianAngel.NET S.R.L. has no obligation to update it in real time.
25.4. S.C. GuardianAngel.NET S.R.L. makes every effort to provide the User/Customer/Buyer with all versions of the Terms and Conditions applicable to him/her. However, if the User does not identify on the Website or in the Application the version that is applicable to him or that interests him, he is requested to contact S.C. GuardianAngel.NET S.R.L. at any of the contact details on the Website or in the Application, and an operator will make available to him as soon as possible, by e-mail, any version of the Terms and Conditions.
26. APPLICABLE LAW - JURISDICTION
26.1. Romanian law is applicable to these Terms and Conditions of use of the Application and the Website, as well as any matters relating to or in connection with their Content. By accepting the provisions contained herein, the User/Customer/Buyer agrees that any issue or dispute arising from these Terms and Conditions shall be subject to the jurisdiction of the competent Romanian courts in Sibiu, Romania.
27. ONLINE SUPPORT AND ASSISTANCE
27.1. S.C. GuardianAngel.NET S.R.L. provides the User / Client / Buyer with a support operator during the use of the Application and the Website. The online support service can be accessed on working days (Monday to Friday, except public holidays) between 09:00 and 18:00 via the Website. On the front page of the Website, the bottom right-hand corner of the page contains the Live Chat facility where the User/Customer/Buyer can contact an available operator in real time to receive assistance in the event of a problem or to receive answers to their questions.
27.2. The operator cannot answer questions / issues related to the Services that are not provided by S.C. GuardianAngel.NET S.R.L., beyond the information already available in the Application, but can redirect the User / Client / Buyer either to the contact point in the Organization that has the necessary information, or to the supplier that can provide this information.
If there are any questions regarding the Content of these Terms and Conditions, the User/Customer/Buyer is requested to contact GuardianAngel.NET S.R.L. at the following e-mail address [email protected].
29. RISKS AND LIMITATIONS
29.1. If the annual subscription has expired and has not been renewed within 30 days of the expiry date, all data and documents saved in the holder's profile will be deleted and cannot be retrieved.
29.2. In cases where the User/Customer/Buyer selects the option to display detailed medical information regardless of location, the data and documents uploaded to the owner's profile will be accessible by any person, both authorized and unauthorized.
29.3. In order to avoid damaging the support devices provided by S.C. GuardianAngel.NET S.R.L. It is recommended to avoid washing them with a washing machine, as there is a risk of the QR code decomposing and thus the information of the owner will not be accessible.
29.4. In the process of scanning the code, the response time may be affected due to erroneous scans (image not in focus, blurred, delay of the mobile device, etc.).
29.5. If the products sold by S.C. GuardianAngel.NET S.R.L. are not used in a suitable environment, the QR code may suffer scratches or other defects that will affect access to the information about the owner. It is not advisable to expose the products to weather conditions or to use chemical agents for cleaning.
29.6. If the User/Customer/Buyer is not old enough to manage his/her own Account, it is necessary that his/her parent or guardian reads these conditions together with the User. If you are a parent or guardian and allow your child to use the Services offered by S.C. GuardianAngel.NET S.R.L., these conditions apply to you and you are responsible for your child's activity in those services.
29.7. In order to avoid misdiagnosis and/or wrong interventions, it is recommended that the User / Client / Buyer correctly enter all the necessary information and upload the related documents, then check their correctness.
29.8. If the User/Customer/Buyer suffers an accident, when scanning the QR code, the emergency contacts declared by him/her in the profile will NOT receive automatic notifications. The emergency contacts will be notified afterwards by the relevant staff. If the User/Customer/Buyer does not require medical attention, the emergency contacts can be notified by anyone who scans the QR code and accesses the emergency contacts' information.
29.9. To avoid the risk of misleading medical professionals, it is recommended that the User/Customer/Buyer frequently update his/her personal and medical information.
29.10. To support doctors in making correct decisions in the rescue process, the User/Customer/Buyer is advised to fill in correctly all available fields in the profile, even if they are not mandatory. Any information about it may help in the rescue process.
29.11. Supporting device - the QR code wristband (product) is a physical product that does not contain any electronic components, the only functionality is the QR code engraved on its material, which through a simple scan with the mobile device, allows the reader to access the personal and/or medical information of the wristband (product) owner.
29.12. In cases where the engraved QR code is too small, scanning it can be difficult.
29.13. If the interfaces displayed after scanning the QR code are to be translated into English, only predefined field elements will be translated, without the information entered by the User/Customer/Buyer.
29.14. In order to be able to access the information about the owner of the wristband (product), when scanning the QR code, it is mandatory that the reader of the code has an internet connection (GSM/WIFI). If the reader does not have an internet connection, the URL stored in the QR code will not be accessible.
29.15. QR codes do NOT contain chips or other electronic features, they are similar to barcodes, like designs applied to a product. Therefore QR codes do NOT allow tracking of the owner.
29.16. S.CS. GuardianAngel.NET S.R.L. does not guarantee medical results based on information and documents entered by the owner. These are for information purposes and help to identify and know the medical situation of the bracelet wearer.