TERMS & CONDITION
You are invited to read these Legal Terms and Conditions ("Legal Terms") carefully. By accessing and using the Services available on www.nemoprodiving.com ("the Website"), you agree to be bound by these Legal Terms as if you had signed them.
In case of disagreement with these Legal Terms, do not access or use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Legal Terms at any time. Please check these Legal Terms periodically for changes. Your continued use of this Website following the posting of changes to these Legal Terms will mean you accept those changes.
You hereby acknowledge and agree as follows:
NEMO PRO DIVING is the owner of the Website accessible at www.nemoprodiving.com.
These Legal Terms defines the contractual agreement between NEMO PRO DIVING and each user accessing and/or using the Website.
SECURED SITES
Access to some areas on the Site is restricted to users ("Authorised Users") who have compiled a registration process and have been granted subsequent authorisation for access through issuance of a unique user identification and password. ("Secured Sites"). No other persons other than Authorised Users may access these Secured Sites. Such identification and passwords issued to Authorised Users are non transferable, however, NEMO PRO DIVING shall not be held responsible for authenticating the identity of any person entering a Secured Site utilising an Authorised Users identification and password.
As an Authorised User you are entirely responsible for maintaining the confidentiality of your Authorised Users identification and password. Furthermore you are also liable for all resulting access, use and activities on these Secured Sites under this Authorised Users identification and password, including any fraudulent, erroneous, unlawful, or unauthorised third-party use ("Unauthorised Use")
In the event an Authorised User becomes aware of any such Unauthorised Use, then it is the responsibility of the authorised User to inform NEMO PRO DIVING of this Unauthorised Use forthwith and without delay. NEMO PRO DIVING reserves the right to terminate an Authorised User's access and use of a Secured Site at any time without notice.
INVESTOR RELATIONS WEBSITE DISCLAIMER
This Website and the documents contained herein may include "forward-looking statements". These statements may be identified by the use of words like "anticipate", "believe", "estimate", "expect", "intend", "may", "plan", "project", "will", "should", "seek", and similar expressions. The forward-looking statements reflect our current views and assumptions and are subject to risks and uncertainties. The following factors, and others, are among those that may cause actual and future results and trends to differ materially from our forward-looking statements: the general economic conditions and competition in the markets and businesses in which we operate; our relationship with significant customers; the outcome of legal proceedings; uncertainties inherent in operating internationally; the impact of laws and regulations; and operating hazards, including spills and environmental damage.
Many of these factors are beyond our ability to control or predict. Given these factors, you should not place undue reliance on the forward-looking statements.
1. DEFINITIONS
The following terms shall be construed in these Legal Terms according to the definitions set forth below:
- "Website": refers to the website www.nemoprodiving.com, its information content such as all text, graphics, photographs, graphs, sounds, data, images or software owned by NEMO PRO DIVING or licensed to NEMO PRO DIVING.
- "User" or "Visitor": refers to anyone coming to the Website and exploring the public areas of the Website.
2. OWNERSHIP/USER'S RIGHT OF USE
NEMO PRO DIVING is the owner or licensee of all rights in the Website, its software, services, functionalities and more generally all elements composing the Website (hereinafter referred to for the purpose of this article as "Website Elements").
NEMO PRO DIVING grants to the User a worldwide non-exclusive and non-transferable right of use of the Website for the duration of the Legal Terms. The User has the right to download, view, copy and print any Website Elements exclusively for its own and private use of the Website. Notwithstanding the above grant, User may not modify, transfer, sell, reproduce, broadcast, sub-license or publish any of the Website Elements. In particular, the User is expressly precluded to modify in any manner, translate or integrate all or part of the Website Elements.
The User, in turn, holds the rights pertaining to the elements that may be remitted by it to NEMO PRO DIVING. Accordingly, the User grants for the duration of the Legal Terms to NEMO PRO DIVING, pursuant to the present Legal Terms the right to reproduce and digitally represent, a non-exclusive and non-transferable worldwide right to publish the elements remitted to NEMO PRO DIVING and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
3. DURATION
The Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
4. WEBSITE SERVICES
The Website is available 24 hours a day, 7 days a week.
NEMO PRO DIVING aims at the continuous enhancement of the services available on the Website. Consequently, NEMO PRO DIVING may perform all modifications of the Website services it deems necessary. Any use of the Website services by the Users after said modifications will be considered as an acceptance by the User of the modified services available on the Website.
NEMO PRO DIVING reserves the right to occasionally interrupt the Website services without justification or to suspend as a matter of right and for any reason whatsoever, at any time without prior notice, access for its Users to the Website and its services. NEMO PRO DIVING disclaims any liability for the possible consequences of such interruptions or suspensions.
5. PRIVACY
Users are invited to read our Privacy Statement, available on the Website and hereinafter attached as Appendix 1.
6. PROVISION OF DATA BY USERS
The User warrants that the information, data and any other elements that may be provided by it on the Website are true, accurate, current, complete and decent. User further warrants that it is authorised to provide such information, data and elements and that said data, information and elements provided on the Website are not subject to any third-party rights and, in particular, are not infringing upon any third party pre-existing right. Should it be the case the User shall indemnify and hold NEMO PRO DIVING harmless from any claims complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants NEMO PRO DIVING against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website under its responsibility.
The User is precluded from using the Website and functionality for unintended use or placing a virus on the Website through documents or programs or in any manner whatsoever that may damage, interfere with or copy any software, data or information of the Website.
7. LIMITED WARRANTY
The Website is provided by NEMO PRO DIVING on an ‘as is' basis. NEMO PRO DIVING makes no warranties whatsoever and disclaims all warranties expressed or implied including without limitation warranties of merchantability, title or fitness for any particular purpose, non-infringement, compatibility, security and accuracy.
8. NO LIABILITY
In no event shall NEMO PRO DIVING be liable to any user or to any third party under any applicable law, for any damage of any kind such as but not limited to any indirect and/or consequential damage, incidental or special damages including loss of data, loss of contract, loss of prejudice to the business reputation either arising from any users act or resulting of a defective performance of the service supplied by the Website, any commercial disorder of any kind, as well as for any financial loss including loss of profits, loss of turnover, regardless of the form of action or legal theory under which the liability may be asserted, NEMO PRO DIVING its information suppliers and service suppliers (and in particular its hosting services provider) shall not be held liable for the broadcasting of any erroneous information or for any delay or failure in the broadcasting of any information on the Website or for any temporary interruption of the Website service due to the necessary technical intervention including, without limitation, the intervention of a telecommunications operator, for any delays in services due directly or indirectly to electronic or mechanical failures, telecom or interconnections problems which would affect Website Users.
NEMO PRO DIVING, its information suppliers and service suppliers (and in particular its hosting services providers) shall not be liable for damaging consequences resulting from irregular or fraudulent use of the Website, use of the Website offered services nor for damaging consequences resulting from an unauthorised third party.
The User waives any rights to make any claim against NEMO PRO DIVING for any damage, costs, expenses and the like based on any misunderstanding or lack of knowledge arising out of the legal terms or the use of the Website functionalities.
The provisions of this section shall survive any termination of these Legal Terms.
9. GOOD FAITH
The User shall always act with good faith within the framework of its use of the Website.
10. EVIDENTIARY ASPECTS
The parties recognise as binding evidence the electronic messages, email exchanged between NEMO PRO DIVING and the User and between the User and another User of the Website.
11. USER'S LIABILITY
In addition to the provisions already stipulated under these Legal Terms:
The User shall indemnify and hold NEMO PRO DIVING harmless against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website. Generally, the User agrees to indemnify and hold NEMO PRO DIVING, its officers, directors, employees, agents and representatives harmless from and against any claims, demands, suits for any liability, costs, damages, penalties and expenses brought by or on behalf of any person which arise or are likely to arise out of these Legal Terms or the User's access or use of the Website howsoever caused.
12. MISCELLANEOUS
If one or several of the provisions of the Legal Terms are held to be unenforceable or invalid or are declared as such by application of a law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the contents of any of these clauses, the headings will be declared non-existent.
13. GOVERNING LAW
The Legal Terms are governed by the laws of Romania for substance as well as for procedure.
14. SETTLEMENT OF DISPUTES
All disputes arising out of or in connection with the present Legal Terms shall be finally settled under the rules of arbitration of the international chamber of commerce by three arbitrators appointed in accordance with the said rules.
The arbitration award shall be final and binding on the parties. The arbitration tribunal shall take place in Constanta, Romania.
APPENDIX 1 - PRIVACY STATEMENT
GENERAL PROVISION
This Privacy Policy is a part of the Legal Terms and Conditions of the Website and applies to any User of the website www.nemoprodiving.com. This Privacy Policy covers NEMO PRO DIVING's treatment of personal information that NEMO PRO DIVING collects when the User accesses and uses the Website.
COLLECTION OF USER'S PERSONAL INFORMATION
By using the Website and providing any personal information, the User consents to the collection and use of the data in accordance with this Privacy Policy.
The personal information provided by the User may be retained by NEMO PRO DIVING to keep track of the User's access to the Website, to create a profile of the User to better serve it, or to contact the User either electronically or otherwise. NEMO PRO DIVING does not intend to retain User's personal information longer than is necessary for the purpose for which it was collected.
COOKIES
The User is aware that NEMO PRO DIVING may use cookies, which are small data files that the Website can transfer to the User's hard drive to keep records of the visits to the Website. Cookies are used by NEMO PRO DIVING to speed navigation, keep track of sessions and remember information. Cookies help NEMO PRO DIVING to see how the Website is used and some improvements and updates to the Website services are based on such data (which include for example the number of Users connected on the Website) collected by the cookies. If the User prefers not to accept a cookie, it can set its web browser to warn it before accepting cookies, or it can refuse all cookies by turning them off in its web browser, if such functionalities are included in its web browser. The refusal of cookies may prevent the Website from functioning correctly.
PROVISION OF OTHER DATA BY THE USER
Information and data provided by the User may be collected by NEMO PRO DIVING for purpose of generating statistical information and using such information for editorial purposes in order to improve the quality of the services available on the Website. NEMO PRO DIVING may share said non-personal aggregated information with its customers, partners or Users.
LINKED WEBSITES
NEMO PRO DIVING provides from the Website some links to third-party websites over which NEMO PRO DIVING does not have any control and for the actions of which NEMO PRO DIVING cannot be responsible. NEMO PRO DIVING is not responsible for the privacy policies or practices or the content of such third party websites and the access by the User to them is at the User's own risk. NEMO PRO DIVING invites the User to review the privacy policy applying to said third-party websites to check their personal information-handling practices, whenever clicking on or interacting with any third-party website links.
USER UNDERTAKINGS
The User shall refrain from any act likely to damage the privacy or reputation of any other party or any other person by avoiding any libellous, provocative, malicious or threatening comment, message or text. The User of the Website providing data to NEMO PRO DIVING through the Website or otherwise, warrants the accuracy and correctness of any information and data provided on the Website and that it is fully empowered and authorised to provide such information and data.
USER'S RIGHT OF ACCESS TO ITS PERSONAL INFORMATION
The User has control over its personal information in accordance with the applicable law(s) protecting personal data under which the User is entitled to have access to its personal information and to have false information modified. For this purpose, the User is invited to complete the User Feedback Form available on www.nemoprodiving.com.
In accordance with the regulations protecting personal information, the right to access the personal data is a personal right that can be exercised only by the person concerned with respect to his/her/its own information. The User acknowledges it is authorised to produce the personal information concerned.
DISCLOSURE OF USER'S PERSONAL INFORMATION
NEMO PRO DIVING reserves its right at all times to disclose any User's information provided on the Website in order to satisfy the requirements of any applicable law or regulation. NEMO PRO DIVING does not sell the personal information to third parties.
NEMO PRO DIVING reserves the right to disclose and to report to law enforcement agencies information about any User violating the Website rules and about any User activity believed to be unlawful.
MODIFICATION
NEMO PRO DIVING reserves the right to update and modify this Privacy Policy from time to time as needed without notice. All updates and modification of this Privacy Policy will be posted on the Website www.nemoprodiving.com. User is invited to review the terms of this Privacy Policy periodically to make sure that it is aware of how NEMO PRO DIVING uses personal information.