LEGAL, PRIVACY, COPYRIGHT AND TRADEMARK INFORMATION

 

These Terms & Conditions will form the basis of all agreements between Mentor Capital & Business Advisory SRL and any clients.

Company Data: Mentor Capital & Business Advisory SRL a company incorporated in Romania, Company registration number: RO-36726684 , whose registered office is at Str. Ing. George Constantinescu 4B –  Sector 2, Bucuresti RO- 020339

The use of this website is governed by the following terms and conditions. Please read these terms and conditions carefully, as by accessing this site you will be deemed to have agreed to them. These terms and conditions are subject to change without notice to you, so we recommend that you review them regularly. If you do not agree with these terms and conditions, do not use this site.

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LIMITED LICENSE AND USE

The owner of this site (“Owner”) grants you a limited license to display the contents of this site on your computer or other electronic devices you use to access this site, and print, download and use the materials on this site solely for informational purposes or to transact with the Owner, provided that the contents of the site are not modified in any way and that all copyright and other notices are maintained. You agree not to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this site or any of its content.

This site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax or other professional advice. You will not rely on this site as a substitute for independent research or for personal advice.

Nothing on this site constitutes an offer to buy or sell products or services of any third party. All products and services are subject to the terms and conditions of any applicable contracts and applicable laws. The products and services described on this site are available only in jurisdictions where they may be lawfully offered for sale in Canada. The Owner may only solicit the sale of financial products and services for which the Owner has been duly licensed in the jurisdiction in which the sale occurs.

The use and content of this site, including the terms and conditions of use, shall be governed by the laws of the province in which the Owner resides and you agree to attorn to the jurisdiction of the courts of that province.

If you are accessing this site on behalf of another party, you confirm that you are authorized to do so, and agree you shall be liable and will indemnify and hold harmless the Owner in the event the party you are acting on behalf of claims you did not have such authority or the information you submitted was inaccurate.

No endorsement or approval of any third party or their statements. opinions. information, products, or services is expressed or implied by the contents of this site. To the extent any third-party opinions or information are included on this site, they are provided for convenience only and the Owner assumes no liability and does not approve or endorse such third-party content, or warrant such content to be accurate, complete, reliable, verified, error-free, or fit for any purpose.

The Owner may utilize third-party service providers to provide certain tools and/or programs. some of which may be housed on a third-party server or on a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third-party servers. Access to other sites or use of any third-party tools or programs on this site is subject to all terms and conditions found therein.

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AVAILABILITY

This site. in whole or in part. may periodically be unavailable to you in order to allow for maintenance or updates, or due to other causes, including causes beyond the control of the Owner. Further, any or all of the services on this site may change at any time, with or without notice to you.

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COPYRIGHT

This site has been developed by and is the property of the Owner. All information and materials contained on this site are protected by copyright, trademark and/or other intellectual property laws of Canada and other countries, and are the property of their respective owner(s). Subject to the limited license to use this site as described above, no person may copy, redistribute, reproduce or republish in any form, or link to this site or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of the Owner. Any infringement of the rights of the Owner may result in appropriate legal action.

TRADEMARKS

The Owner owns or has obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that it provides and displays on this site. The trademarks are protected by Canadian and foreign trademark laws. All rights reserved. The display of trademarks on this site shall not in any way be construed as an implied license to use such trademarks. Any third party marks are used with permission or under license.

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GENERAL DISCLAIMER

While information posted on this site is believed to be reliable and accurate at the time of posting, the Owner does not guarantee, represent or warrant that the information contained on this site is accurate, complete, reliable, verified, error-free, or fit for any purpose.

Nothing on this site forms a contract, or a part of any contract, other than as it relates to the use of this site or as may be expressly provided. In the event of a conflict between the information contained on this site and the terms contained in any products or services offered by the Owner or a third party, the terms contained in any document detailing such product or service will prevail.

Neither the Owner, or any third party, make any representations or warranties, express or implied, regarding the usability or condition of this site, that this site will operate uninterrupted or error-free, or that this site will operate in combination with any services or software used in connection therewith or that it shall be viewed consistently with all browser software or that any communication transmitted to or from this site is private, confidential or secure.

The Owner expressly disclaims all representations, warranties or conditions, express or implied, statutory or otherwise, including, without limitation, the warranties and conditions of merchantable quality and fitness for a particular purpose, non-infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade.

You assume full responsibility for the risk of loss of any nature whatsoever resulting from your use of this site. Without limiting the generality of the foregoing, you acknowledge and agree that neither the Owner or any third party, shall be liable to you for loss of data, computer time or any loss or damage of any nature whatsoever arising out of or attributable in any manner whatsoever to your use or inability to use this site for any reason whatsoever or to any action or inaction on the part of the Owner or for any direct, indirect, special or consequential damages, even if the Owner has been advised of the possibility thereof, including but not limited to lost profits, lost opportunities or business revenues, loss of goodwill, or failure to realize expected savings.

This site may contain links to other sites which sites are not maintained or controlled in any way by the Owner. Links to any such sites that are not maintained or controlled by the Owner are provided for convenience only and are not to be construed as an endorsement by the Owner or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.

 

LIABILITY

The Company shall have no liability to the Client for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Client by any third party.

Without prejudice to the generality of Clause above, the Company shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:

a)     Any indirect or consequential loss arising under or in relation to the Contract even though the Company was aware of the circumstances in which such loss could arise;

b)     Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;

c)     Loss of data; Loss of search engine rankings; Loss of website traffic; Loss of followers; Loss of access to social media profiles

To the extent such liability, the Company’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not, in any event, exceed the total sum invoiced for the Services.

 

CONFIDENTIALITY AND PERSONAL DATA

• The company shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract. 

• During the term of the Contract and for a period ending 5 years from the date of its conclusion, the Company shall take the same care as the Company uses with its own confidential information, to avoid, without the Client’s consent, the disclosure to any third party (except a subcontractor working on the Services who is subject to similar undertakings of confidentiality) of any of the Client’s business or operational information which the Client has designated as confidential. 

• The obligation mentioned above, shall not apply to any information which is or becomes publicly available otherwise than through a breach of this agreement, is already or rightly comes into the Company’s possession without an accompanying obligation of confidence, is independently developed by the Company, or which the Company is required to disclose by law. 

•  During the term of the Contract and for a period ending 5 years from termination thereof, the Client will not disclose to any persons within its organization that do not have a need to know, or to any third party, any information and non-Client materials provided by the Company concerning the method or approach the Company uses in providing the Services. 

•  Each party agrees to comply with its respective obligations under the Data Protection Act. 

•  The Client shall be obliged to indemnify the Company for any loss, including costs incidental to legal proceedings, suffered by the Company as a result of the processing of personal data which the Client has contributed being in contravention of the Data Protection Act or any other law. The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described in the present clause. 

• The core of MCBA internal operations underpins protecting the personal data of our clients. We only collect and store information that is necessary to offer our service. Adding to this, our approach towards privacy, security, and data protection align with the goals of GDPR. 
  We are committed to being fully GDPR compliant from 25th May 2018. 

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FORCE MAJEURE

• Neither party shall be held liable for a Force Majeure Event.

• If a party believes that a Force Majeure Event has occurred, such party shall immediately inform the other party of the start and end of the Force Majeure Event.

• Notwithstanding the other provisions of the present Terms, each party shall be entitled to terminate the Contract without liability to the other by written notice to the other party in the event that the performance of the Contract is impeded for more than 6 months due to a Force Majeure Event.

 

LAW AND JURISDICTION

• The Company and the Client shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Contract through negotiation provided always that either party shall be entitled at all times to exercise any of its other remedies including through taking legal action.

• The Contract shall be governed by and construed in accordance with Romanian law and the parties hereby agree to submit to the jurisdiction of the Romanian court in Bucharest.