Terms & Conditions
This document sets forth the terms and conditions (the “Terms”) governing access to and use of the website available at the URL www.phenomenalaboratory.com (the “Website”).
These Terms represent an agreement between you, as the user accessing our Website (“you”, “user”), and Dualism Atelier S.R.L., with its registered office at Str. Bunavestire, No.15, Ploiești, registered with the Trade Registry under no. j29/1586/2013 and having tax identification number RO32328341 (“we”, the “Company”).
Please read these Terms carefully, as they contain important information regarding your rights and obligations. These Terms apply to any access and use of the Website. If you do not agree with the provisions of this document, please do not continue to use or access this Website.
We reserve the right to modify these Terms at any time. If we make changes, we will publish the updated version of the Terms on the Website. Any modification of the Terms shall apply from the date it is made.
1. THE WEBSITE
All content made available on the Website in any form is provided for informational purposes only. We do not provide professional advice or services through the Website, nor do we sell products. You should not rely on, act upon, or refrain from acting upon the basis of this information.
2. USER CONDUCT
You are solely responsible for your own behavior while accessing and using the Website. You agree to use the Website only for purposes that are lawful and in compliance with these Terms and with all applicable laws or regulations. You agree not to engage in and not to permit any third party to engage in, including but not limited to, any of the following:
to use the Website for any unlawful or unauthorized purpose, or to engage in, encourage, or promote any illegal activity or any activity that violates these Terms or any other rules or policies established by us from time to time;
to use the Website in a manner that infringes the legal rights and legitimate interests of others;
to use any robot, algorithm, or other automated means or interface not provided by us to access the Website or to extract data;
to attempt to imply in any way that you are affiliated with us unless we have expressly agreed to such conduct;
to upload, send, distribute, or disseminate any Content that could be interpreted in any way as defamatory, illegal, fraudulent, obscene, harassing, or otherwise objectionable;
to impersonate any other person by any means (for example, by using an email address, name, pseudonym, or otherwise);
to exploit the Website for any unauthorized commercial purpose.
3. INTELLECTUAL PROPERTY
Unless otherwise stated, all elements of the Website—its entire content and other materials—are owned by us (or, where applicable, by our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, images, systems, information, data, methods, program code, services, all other elements, and any related documentation or auxiliary materials provided (the “Website Content”) are owned by us or our licensors and are protected by copyright, trademark, trade secret, and all other applicable intellectual property rights.
You may use the Website solely for the purposes set forth in these Terms. However, the following actions are not permitted:
the use of any algorithms, robots, or similar methods for data collection or extraction;
the assignment, licensing, or sublicensing of the Website Content;
the removal, alteration, or concealment of any copyright, trademark, or other proprietary rights notices included on the Website or within the Website Content.
Any use of the Website or the Website Content other than as expressly authorized in these Terms, without our prior written permission, is strictly prohibited. Except where explicitly stated by the Company, nothing in these Terms shall be construed as granting any license over intellectual property rights.
4. DISCLAIMER OF LIABILITY
To the fullest extent permitted by applicable law, we make no warranties (express or implied, written or oral) regarding, without limitation, the Website or any third-party sites or applications, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability. We do not warrant that the Website will meet your requirements or that its use will be uninterrupted, secure, or error-free, or that the Website will be free of harmful components such as viruses.
You understand and agree that we shall not be liable for any failure or delay in the performance of our obligations resulting from any circumstances beyond our reasonable control, including but not limited to acts or omissions of third parties, earthquakes, fires, floods, or technical malfunctions (Internet connectivity, server access, etc.).
You acknowledge that the use of the Website is Internet-based, and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to the risk of Internet connection loss, hardware or software failures. Therefore, you agree that we shall not be held liable for any malfunctions, communication failures, delays, errors, or any breaches of security.
5. EXTERNAL SITES
The Website may contain links (URL) to third-party websites or resources. These links to third-party pages are provided for informational purposes only. In any case, especially due to the volatile nature of information on the Internet, the Company cannot control the nature or content of such external sources and therefore is not responsible or liable for the use or unavailability of third-party websites, nor for the content or other materials available on third-party websites that you may access through our Website.
6. CHANGES TO THE WEBSITE
We may, at our sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part or functionality of our Website.
Under no circumstances shall the Company be held liable for any restriction or disabling of access to any part or functionality of the Website.
7. ASSIGNMENT
The Company may assign these Terms and/or any or all of its rights or delegate any or all of its obligations under these Terms without your consent.
8. PERSONAL DATA
Please refer to our personal data processing policy for information about how we collect, use, store, and disclose your personal data.
9. SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
10. NO WAIVER
Failure to enforce any of the provisions of these Terms in certain instances shall not constitute a waiver of the right to enforce those provisions in other instances.
11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Romania. Any dispute arising out of or in connection with these Terms or with the services provided by the Company shall fall under the jurisdiction of the Romanian courts.