Terms and conditions of use

from 01.01.2022

Art. 1. General provisions

1.1. CIPS DIGITAL COMMUNICATION SRL [Romanian company established and operating in accordance with Law 31/1990, having its working point in Romania, Bucharest, sector 1, Str. Porumbaru Emanoil, no. 13, Ground floor, room 1, room 2, registered at the Trade Register under no. J23 / 704/2012, having the Unique Registration Code 29934860 ​​(hereinafter referred to as “the Company”)]

1.2. The www.wishmo.ro website and the Wishmo mobile application (collectively or individually referred to as the “ Application”) are the graphical, online representation of the Company, together with its offer of services and products. The entire content of the online platforms is the property of the Company under the conditions explained in this document. The application works as a platform for aggregating raffles in progress in Romania, as well as a platform for organizing raffles by raffle organizers.

1.3. This document (hereinafter referred to as the " Document" or "Terms and Conditions") sets out the terms and conditions under which users may access the Application ("Users") and the conditions under which participation in raffles of any kind will take place between the Application and participants (“Participants”). By accessing the Application, the full reading, understanding, acceptance and adherence of the User to this Document is assumed.

1.4. The content of the Application refers to each element of text, image, audio-video, arrangement in the page, coding elements that can be found in the Application. Regarding the content of the Application, the copying, reproduction and use of the content without the express, prior written consent of the Company are strictly prohibited and are punishable by law.

1.5. The images provided on the Application are for presentation purposes only.

1.6. In the event that the User does not agree / does not accept these Terms and Conditions, he waives his right to access and use the services and products offered by the Company.

Art. 2. Definitions

2.1. Administrator – The CIPS DIGITAL COMMUNICATION SRL company, the owner of the property right over the Application and of the intellectual property rights.
2.2. External collaborators – natural or legal persons who provide related services to the Administrator in order to facilitate the use of the Application by Users and Participants. For example, but not limited to: SMS message processors, accounting services, web developers, raffle companies.
2.3. Content – any document on the Application, as well as fragments / portions of these documents, in whatever form they are found – including, but not limited to: text, graphics, sound, images, movies, programs, code.
2.4. Cracking or hacking – unauthorized access to the user's authentication service or other security services of any network, server, web server or user account.
2.5. Raffle Organizers – Any company that organizes raffles directly through the Application and addresses Users.
2.6. Participants – Users of the Application who gave their consent and participated in a certain raffle promoted by the Raffle Organizers through the Application.
2.7. Service – providing Participants with access to the Company's online platform for participation in external or internal raffles, as well as the services provided by the Company's External Employees.
2.8. Terms and Conditions of Use of the Application – the agreement between any person, natural or legal, who visits, accesses, or wishes to use in any way or actually uses the Company's services, as the owner and administrator of the Application and the provider of the Services. This agreement sets out the conditions under which any person may visit or access the Application or use in any way the services provided through the Application.
2.9. User – the person who accesses the Application and accepts the Terms and Conditions of the Application. Any user can become a Participant.

Art. 3. Acceptance of the Terms and Conditions

3.1. Access to the Application, any page thereof and / or the Services, as well as any component thereof constitutes your full and unconditional acceptance of the Terms and Conditions, as well as any provision therein. Failure to accept this Document, or any provision thereof, will result in the person's obligation to immediately cease accessing the Application.

Art. 4. Copyright

4.1. The content of the Application is the exclusive property of the Company or is used by the Company in accordance with the current legislation or with the consent of the owner.

4.2. The company guarantees the User limited access to the Application, in his personal interest, respectively the viewing of the current raffles and the possibility to participate in the raffles or the redirection to the external site. You may not download or modify in whole or in part the Application, reproduce in whole or in part the Application, copy, sell / resell or exploit the Application in any other manner without the prior written consent of the Company.

4.3. The databases, programs, graphics, are the property of the Company or, as the case may be, of the suppliers of the products offered through the Application and are protected by Law no. 8/1996, on copyright and related rights, as subsequently amended and supplemented.

Art. 5. Modification of the Application and the Document

5.1. The company reserves the right to modify or update at any time the content of the Application, its operation, the type of information displayed on the Application, as well as the Terms and Conditions, without prior notice to the User and without the express consent of the User in this regard.

5.2. The changes will be made known to the User by simply posting them on the Application and will be considered as accepted by the User if he continues to use the service after their display on the Application.

5.3. It is the User's duty to periodically visit this Document to verify the Terms and Conditions that he is obliged to comply with.

Art. 6.    The rights and obligations of the User

6.1. By accessing and using the Services and the products offered by the Application, the User acts as an adult, as it appears within the legislation of the state in which he is domiciled.

6.2. The user undertakes that:

a) will not modify, distribute, copy, transmit, display, publish, reproduce, license, create derivative works, transfer or sell any information or services obtained from or through this Application, except in accordance with the Terms and Conditions , as well as applicable law.

b) will not conduct or allow the activity of cracking, hacking or attacks in the category of "denial of service" (i.e. interference with the service, relating to any user, network or server). Users who violate the security of systems or networks may be prosecuted in accordance with applicable civil and criminal law.

6.3. If the Administrator considers that a User does not comply with the Terms and Conditions of Use or has caused or may harm the Application in any way, the Administrator may restrict the User's access to the Application without prior notice.

6.4. Restriction can mean:

a) deleting messages whose content does not comply with the Terms and Conditions of the Application

b) temporary or permanent suspension of the account and all information contained therein

c) deleting the defined options and prohibiting access to the Application Services

6.5. Restriction of the User's access may be preceded by warnings, as the case may be, at the exclusive discretion of the Administrator.

6.6. The company will make every effort to ensure that the application is secure and works smoothly.

6.7. Any complaints regarding the quality and experience of the Application should be addressed to the Administrator.

Art. 7. The rights and obligations of the Participant

7.1. The participant declares that he has taken note of the Service provided by the Company, respectively the quality of the raffle aggregation platform underway in Romania, respectively of the platform for the direct promotion of the raffles by the Raffle Organizers.

7.2. In order to create the online account, the Buyer undertakes to transmit the identification and contact data in a correct and complete way, including, but not limited to the name, surname and other elements necessary to customize the Participant's preferences. The participant will update the data whenever necessary.

7.3. The participant is fully responsible for the security of the access password as well as any information regarding the registration, authentication and updating of the data related to the online account.

7.4. The company will use the data provided by the Participant according to the Personal Data Processing Policy.

7.5. The participant acknowledges that the intellectual property right and any related rights regarding the materials received through the Application, belong and remain the property of the Company.

7.6. The Participant undertakes to maintain the confidentiality of the information, data, ideas and documents that are transmitted with the delivery of the Service.

Art. 8. The rights and obligations of the Company

8.1. The company has the right to restrict access to any person on the Application, both for objective and subjective reasons.

8.2. The Company is not liable for any inaccuracies or errors, nor for any direct or indirect damages caused by the use of the Services.

8.3. The Company assumes no responsibility for any loss of data or information resulting from delays, unfulfilled requests or failing to reach the recipient, caused by events beyond the control of the Application / external collaborators, or by errors of omission on the part of the user.

8.4. The company, as well as external collaborators, exclude any suggestion or guarantee that:

a) the service will be uninterrupted or error free

b) any defects will be corrected

c) the service or server that makes it available to users is free of viruses or other components that could harm users and cannot be held responsible for any action that they take on the basis of such information or service.

8.5. Under no circumstances will the Company, as well as external collaborators or Raffle Organizers, be liable for any direct or indirect losses arising out of or in any way solely related to the use or performance of the Service, this Application or the website. web sites related to it.

8.6. The company does not guarantee the accuracy and completeness of the materials, software and services on this Application. The company reserves the right to modify, at any time and without prior notice, the materials and services on the Application. The company does not undertake to update the materials and services on the Application.

8.7. The User and the Participant also assume full responsibility for maintaining the confidentiality of the account name / email address and the associated password, as well as for the information that they transmit or publish on the Internet using the services of the Application. The administrator has no responsibility for the information published or transmitted on the Internet or by any other means of communication by the Users of this Application, nor for any consequences arising from unauthorized access to the account / e-mail address by third parties, from any reasons.

8.8. The user agrees to exonerate from liability and not to sue against the Company, as well as external collaborators, regarding any claim raised by a third party, resulting from the use of the service by the user, as well as regarding any loss (direct , indirect, consequential or otherwise), costs, actions, lawsuits, claims, damages, expenses (including court costs) or other liabilities, incurred in any way or directly caused by the Application, as well as external collaborators, as as a result of the user violating or ignoring these terms and conditions or any applicable legal provisions.

Art. 9. Force majeure and fortuitous event

9.1. The Administrator shall not be liable in any way to the User or Participant and shall be excused from any failure to deliver or perform or from delays in delivery or performance of the Contract as a result of causes beyond its control, including but not limited to not limited to: government actions, fires, work interruptions, shortages, war, terrorism, civil unrest, logistical problems, power outages, communications, Internet service provider or hosting service failures or delays due hardware or software vendors, denial of service due to attacks, malware intrusion, hacking attacks, acts of third parties outside the control of the Administrator, natural disasters, including changes in the Administrator's ability to provide services according to the object and / or or the price set as a result of legislative or policy changes External or governmental collaborators.

Art. 10. Notification

10.1. Without limiting the applicability of art. 5.2., Users may be informed by the Company by sending electronic notifications (pop-ups, texts included in the Application, etc.), e-mails, SMS messages, direct telephone contact for the transmission of messages.

10.2. The communication is opposable if it is made according to art. 11.1. The notification is supposed to be received on the first working day after the day on which it was sent.

10.3. Verbal notifications shall not be taken into account by either party unless confirmed in writing.

Art. 11. Conciliation and litigation

11.1. Any complaint or dissatisfaction regarding the operation of the Application must be sent in writing to the e-mail address contact@wishmo.ro. The company will investigate the complaint within 30 days of receipt.

11.2. Any conflict between Users or Participants and the Company will be resolved amicably, by agreement between the parties.

11.3. The interpretation and application of the Terms and Conditions will be made according to Romanian law. In case of contradictions between the Romanian version and any other language, the Romanian version will prevail.

11.4. If the conflict is not resolved amicably, the jurisdiction rests with the courts of the Municipality of Bucharest, respectively the District 1 Court of Bucharest or the corresponding higher court.

Art. 12. Protection of personal data

12.1. Personal data is protected in accordance with applicable law. The Company's privacy policy is available in the Personal Data Processing Policy section.

Art. 13. Use and liability

13.1. The Company will allow the viewing and downloading of materials from the Application exclusively for personal, non-commercial use, provided that copies of all copyright and other proprietary notices in the original are kept in copies.

13.2. It is forbidden to: modify the materials on this Application, reproduce them, display, run or distribute them publicly, use them for public or commercial purposes other than those for which the Company was created. Use of these materials on any other website or in any computerized medium connected to the network is prohibited. The materials on this Application are protected. Failure to comply with any of these Terms will automatically invalidate your right to use this Application and your obligation to destroy all downloaded or printed materials at once.

13.3. The user assumes that the use of the service provided by the Application will be done only in good faith and in accordance with the legislation in force.

13.4. If the User has any doubts or wants more information about this document, he can send an e-mail to:contact@wishmo.ro