These are our terms and conditions for use of the our digital information network, which you may access in several ways, including but not limited to the World Wide Web via cluj-napoca.xyz or cluj-napoca.xyz, digital television, PDA, mobile phone and RSS feeds.
In these terms and conditions, when we say the “ClujXYZ.com website” we mean the digital information network operated by or on behalf of ROBERTS AARON LEE PERSOANĂ FIZICĂ AUTORIZATĂ – CUI: 41431477 and affiliates (collectively “ClujXYZ.com”), regardless of how you access the network, as well as any ClujXYZ.com services whether you access those via a ClujXYZ.com website or a third party site.
However you access the ClujXYZ.com website, you agree to be bound by these terms and conditions. If you have accessed the ClujXYZ.com website from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.
You may access areas of the ClujXYZ.com website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the ClujXYZ.com website, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the ClujXYZ.com website.
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the ClujXYZ.com website.
(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.
2. Termination of registration
If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected] or by visiting the following link, and signing in and selecting “Delete Profile” from within the account section. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the ClujXYZ.com website. Continued use of the ClujXYZ.com website indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of ClujXYZ.com website immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
3. Use of material appearing on the ClujXYZ.com website
Your use of the ClujXYZ.com website is for your own personal and non-commercial use only. You acknowledge that, as between ClujXYZ.com and you, except for user content and advertisements (as discussed below), ClujXYZ.com is the sole owner of all content on the ClujXYZ.com website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the ClujXYZ.com website (“ClujXYZ.com Content”). The ClujXYZ.com website and the ClujXYZ.com Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.
You may download and print extracts from the ClujXYZ.com Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any ClujXYZ.com Content for any other purpose without our prior written approval. Except as expressly authorised by the ClujXYZ.com, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the ClujXYZ.com website.
If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected] Under no circumstances should you publish or share ClujXYZ.com Content on any paid-access service. Any paid access to our content will result in legal action and recovery of any due income in accordance with the terms and conditions presented on this page.
For all other inquiries about distribution or reproduction of the materials, please contact [email protected]
4. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the ClujXYZ.com Content. Nothing in the ClujXYZ.com Content is provided for any specific purpose or at the request of any particular person, with the exception of ClujXYZ.com Community submitted content (discussed below). For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the ClujXYZ.com Content or any part of it. You can access other sites via links from the ClujXYZ.com website. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the ClujXYZ.com website or the ClujXYZ.com Content. In particular, we do not warrant that the ClujXYZ.com website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the ClujXYZ.com website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the ClujXYZ.com website from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.
5. Third party advertising on the ClujXYZ.com website
You will see advertising material submitted by third parties on the ClujXYZ.com website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the ClujXYZ.com website, please email the user help team at [email protected], and they will pass your details on to our advertising sales team.
6. ClujXYZ.com Community Submitted Content
Users of our site may be permitted to submit content for publication in various areas of the ClujXYZ.com website.
This may include:
- Ask a question
- Answer a question
- Vote on a question
- Post comments on other users’ responses
- Post Marketplace listings
- Post responses to Marketplace listings
To perform any of these actions, you must be logged in with your ClujXYZ.com registered account.
You are not required to be logged in to view questions, answers, marketplace listings and related comments.
You can add details to or delete questions you’ve asked for as long as the question is open.
Once the question is resolved, you cannot make changes or delete your content. You can edit your question if your question is still opened. Once the question is resolved, you cannot make changes or delete your answer.
Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at https://clujxyz.com/terms/community-standards/ which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the ClujXYZ.com website.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the ClujXYZ.com website.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the ClujXYZ.com website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of ClujXYZ.com, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the ClujXYZ.com website.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to:
- Post content which is deliberately intended to upset or harm other users
- Use the ClujXYZ.com website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability
- Post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the ClujXYZ.com website or any computer software or hardware or telecommunications equipment
- Upload or otherwise transmit any content, or take any other actions with respect to your use of the ClujXYZ.com website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability
- Use the ClujXYZ.com website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the ClujXYZ.com website may involve transmissions over various networks and changes to content to conform and adapt to technical requirements of connecting networks or devices. ClujXYZ.com assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the ClujXYZ.com website.
If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed in the first instance to [email protected]
Readers of our print products submitting content to ClujXYZ.com News & Media should read our terms here.
7. Data protection
8. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the ClujXYZ.com website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the ClujXYZ.com website after it has been posted.
9. Governing law & jurisdiction (except for US users)
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the ClujXYZ.com website in the United States is governed by Section below entitled Governing law & jurisdiction (for US users)
11. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of ClujXYZ.com.
12. Additional restrictions on user content for US users
In addition to section 6 the terms in Section above, you agree not to use the ClujXYZ.com website to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
13. DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the ClujXYZ.com website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- Identification of the copyrighted work or works claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
- Your contact information including name a address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature.
ClujXYZ.com’s designated copyright agent to receive notifications of claimed infringement is: [email protected] Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
14. Additional disclaimers
Visitors to the ClujXYZ.com website agree that their use of the ClujXYZ.com website is at their own sole risk. The ClujXYZ.com website is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the ClujXYZ.com website and any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.
ClujXYZ.com also makes no representations and warranties as to any linked sites and ClujXYZ.com has no liability or responsibility with respect to your use of such sites.
In some instances, content made available on the ClujXYZ.com website may represent the opinions and judgments of providers or users, such as user content. ClujXYZ.com and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the ClujXYZ.com website by anyone other than authorised ClujXYZ.com employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the ClujXYZ.com website, including, without limitation, those damages or injuries occurring as a result of any error, omission, deletion, or defect in the content available on the ClujXYZ.com website or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ClujXYZ.com does not warrant or guarantee that access to the ClujXYZ.com website will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
15. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL CLUJ-NAPOCA.XYZ OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CLUJ-NAPOCA.XYZ SITE, INCLUDING (WITHOUT LIMITATION):
- DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS.
- ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS.
- ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CLUJ-NAPOCA.XYZ SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF CLUJ-NAPOCA.XYZ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, CLUJ-NAPOCA.XYZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMISING CLUJ-NAPOCA.XYZ’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
16. Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by ClujXYZ.com of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 14 and 15 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would contravene the relevant statute or cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on ClujXYZ.com are expressly excluded under these terms and conditions.
17. Non-Excludable Obligations (for Australian users)
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), ClujXYZ.com’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to, in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again and, in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
We also sale a number of different products and services through our website. Depending on the purchase you make and the service or product you are obtaining, the terms can vary. Below you can find a summary of our Terms and Conditions for payments and refunds, organised by product or service type:
All purchases for event tickets through this website will involve 2 parties. ClujXYZ.com and the organiser(s). For this reason, the refund policy regarding ticket sales can vary and is divided into 2 types. Non-Refundable tickets and Standard Tickets.
The ticket will be labelled as Non-Refundable during the purchase and checkout process. Upon completing the purchase process for the ticket, no refund for the ticket can be made under any circumstances, except those of force majeure.
The term “Standard Ticket” outlines any ticket sales which are not labelled as “Non-Refundable”. During the purchase and checkout process, standard tickets do not necessarily have a fixed name (Ex. VIP Ticket, Front Row, 4 Day Pass), but will be subject to the following conditions:
Ticket sales are individualised and considered final and are not transferrable. The event organiser(s) retain the right to refuse entry to any person(s) who are in possession of a ticket belonging to another individual. During the checkout process, it’s important to ensure you include the correct attendee’s name on the ticket, as this will be used to verify your entry.
ClujXYZ.com does not enforce the verification of tickets, other than providing the ticket “as-purchased” to the individual(s). It’s at the event organiser(s) discretion to allow entry to their venue, under their own terms and conditions.
We encourage all individuals who are purchasing tickets to check the terms and conditions outlined by the organiser before completing their purchases.
If a refund is requested, it will be subject to the following refund policy.
Event Ticket Refund Policy
Standard tickets are refundable, depending on their proximity to the event’s start date, unless the organiser has their own policy.
|7 days before event start||Full Refund|
|6-4 days before event start||Full / Partial Refund (subject to organiser’s terms)|
|72 hours before event start||Non-Refundable, unless under circumstances of Force Majeure|
|Up to 5 days after event start||Non-Refundable, unless under circumstances of Force Majeure|
Requesting Event Ticket Refunds
Requests for refunds need to be made as soon as the attendee is aware that they will not be able to attend. Failure to request a refund within a timely period may result in no refund being issued.
According to art. 9 of the Emergency Ordinance no. 34 of 2014 (art. 9 din Ordonanța de Urgență nr. 34 din 2014), you have 14 days from receiving the product to exercise your right of withdrawal, ie return the product without justifying your decision.
In addition to the above, we provide an additional 14 days (total 28 days) from purchase in which you can return the product and request a refund, subject to the below terms:
Receipt / Invoice
In order to make the return, it is necessary to present the tax receipt or the invoice on which the product to be returned is registered.
To complete the return, it is necessary to provide the identification data (name, surname, home address) according to art. 319 of the Fiscal Code (art. 319 din Codul Fiscal), and the signing of the payment order.
Situations under which returns are accepted
If the products you bought are not the correct size or colour or you find that they are not suitable for the purpose you purchased, ClujXYZ.com offers the possibility of returning them for the purpose of changing or reimbursing their current value.
IMPORTANT: Products must be new (not used) and return shipping fees are covered at your own expense.
Analysis of Returns
ClujXYZ.com reserves the right to review and decide whether or not to grant the return for each request.
Requesting a Refund
If you would like to return the product and receive the equivalent, please fill in our RETURN REQUEST FORM, or send your request to our email address [email protected], along with the following information: first and last name, order number, IBAN, bank account holder name, bank name, bank address.
If you want to change the product to another or for warranty issues, please fill out the RETURN REQUEST FORM or send us your request at the address [email protected], along with the following information: name and surname, order number, phone number.
Returning products will be at your expense via the courier designated by ClujXYZ.com.
Products for which we do not accept return / refund requests.
We do not accept the return of the following products: perishable products (Ex. food / drinks etc.)
ClujXYZ.com Jobs Terms and Conditions and refund policy links can be found during any check-out process. You can see these links prior to finalising any orders or purchases.
We apologise for any inconvenience but we do not provide refunds on any fees or charges, including partially used periods and bank/merchant fees.
Under the laws applicable in your jurisdiction, however, you may qualify for a refund. For example, if you are using our services for yourself (instead of on behalf of a business).
18.4 Marketplace Purchases
Items and services purchased trough Marketplace
We are not responsible for any purchases of products or services advertised on the “ClujXYZ.com Marketplace”. Your purchase of any items or services listed through our service, is entirely the responsibility of the user, and any refunds for products and services sold to you through the “ClujXYZ.com Marketplace” is at the desecration of the seller or listing agent / entity.
We accept the reporting of “ClujXYZ.com Marketplace” listings, and reports can be submitted on the item’s listing page. However, removal of listings is not guaranteed, providing the listing does not breach any terms or conditions on this site.
The “ClujXYZ.com Marketplace”, does provide users the ability to pay to enhance their listing’s visibility. All sales of listing enhancements are processed through PayPal, and are considered final.
Although enhancing a listing’s visibility provides your listing with more exposure, it does not guarantee the sale of your product or service.
If action has been taken to remove your listing, as it breached our terms and conditions, no refund for purchases related to that listing will be refunded.
The definition of Force Majeure is an event beyond the control of any participating parties which prevent a party from complying with any of it’s obligations, including but not limited to:
- act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
- war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
- rebellion, revolution, insurrection, or military or usurped power, or civil war;
- contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
- riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
- acts or threats of terrorism.