Please read the following terms and conditions of use of the website www.ness.com
Each time you enter our website and access our forms (contact forms) you will grant your approval regarding the terms and conditions within this document.
If you do not completely agree with the provided terms and conditions, do not continue to use our site.
As used in these Terms and Conditions, “Agreement” means, collectively, (1) these Terms and Conditions, and (2) the Privacy Notice. If a conflict exists between these terms and conditions and the Privacy Notice, the second one will prevail and by accepting these Terms and Conditions (The Conditions), the User agrees that these Conditions are fully opposable to him. These Conditions need to be interpreted in conjunction with the Privacy Notice.
Modification of the terms and conditions
www.ness.com reserves its rights to modify, supplement, or dissolve the present Terms and Conditions at any time, by publishing the modified Conditions.
Excepting the cases in which we explicitly specify otherwise, any modification of the Conditions shall be immediately enforceable.
Protection of Ness Digital Engineering intellectual property
www.ness.com along with the brand and its content is fully created by and it is rightfully owned by the company Ness Digital Engineering, which is why it is protected by the laws applicable to copyright and intellectual property in every state member of the European Union as well as by the legislation applicable in any other non-EU state.
Nothing in this documents shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any Ness Software, the Ness websites, any Ness Materials, or any User Content for any reason, unless otherwise expressly permitted by the Terms and Conditions or by law. You hereby agree to assign and do assign to Ness (and Ness accepts such assignment) any modifications or derivative works of any Ness Software, the Ness websites, and Ness materials made by You in contravention of this limitation without remuneration of any kind.
Any illegal copying or attempt to illegally copy any element included in the website (algorithm, interface, logo, trademark and others) shall be punished according to the applicable law, both on the civil side, by granting compensation for the prejudice suffered and also on the criminal side, depending on the crime committed.
Using our website and content
Even though our website is a presentation website Users have the possibility to use our Contact Form that helps establish what kind of action fits their needs. In order to use the contact form, Users need to enter some contact data that are necessary for the registration of the messages. The Ness website and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Ness website and the User Content. You may not use Ness website in any manner that could damage, disable, overburden, or impair any Ness server, or the network(s) connected to any Ness server, or interfere with any other party’s use. You may not attempt to gain unauthorized access to any Ness Website, computer systems or networks connected to any Ness server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Ness Website. You agree not to use an Ness Website to:
- upload, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
- impersonate any person or entity, including, but not limited to, an Ness official, Ness employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Ness Websites;
- download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the servers, or networks which support the Ness website, or disobey any requirements, procedures, policies or regulations of networks connected to the Ness website ;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users.
For more information about our products users can contact us through our Contact Form.
Your information, privacy and data protection
Ness website requires that You complete a contact form. Before you can find information about our product, you have to provide Ness with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Ness with Personal Data, You expressly agree that Ness may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to information related activities and communications in which you agree to participate.
You are responsible for and agree to provide Ness with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with Ness, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting us at firstname.lastname@example.org
Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the Ness information about your financial situation.
More information about the personal data we collect and store in the website you can read in our Privacy Notice.
Definition of Confidential Information: Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information).
Protection of Confidential Information: The User must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosure for any purpose outside the scope of this agreement. The User must make commercially reasonable efforts to limit access to Confidential Information of Disclosure to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
Exclusions: Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Disclosure, (ii) was known to The User prior to its disclosure by the Discloser without breach of any obligation owed to the Disclosure, (iii) is received from a third party without breach of any obligation owed to Disclosure, or (iv) was independently developed by The User without use or access to the Confidential Information. The User may disclose Confidential Information to the extent required by law or court order, but will provide Disclosure with advance notice to seek a protective order.
EXCLUSION OF INDIRECT DAMAGES: Nessis not liable for any indirect, special, incidental or consequential damages arising out of or related to the use of our website.
The User undertakes to exonerate Ness of any responsibility regarding any obligations, losses, claims and expenses that might arise from the User’s failure to observe the present Conditions, as well as from the transmission or receipt of any information, requested or provided by the User, within Ness website.
Settlement of conflicts
If a conflict occurs between Ness and the User, they shall try to settle it amicably. If the conflict can’t be settled amicably, the parties shall address to an arbitrary or to the competent courts of law in Bucharest, Romania.
EXCLUSION OF WARRANTIES
Ness website and Content are being provided to You “AS IS”. To the fullest extent allowable by law, Ness does not guarantee or warrant any features or qualities of any Ness Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on Ness website and Content in promotional material or on Ness website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published Ness description of or advertisement except to the extent Ness has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Ness’s management.
TERMINATION OF USE
Ness may, in its sole discretion, at any time discontinue providing or limit access to the Ness website, any areas of the Ness website, or any Ness evaluation reports or User Content provided on or through the Ness website. You agree that Ness may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the Ness website or any Ness Material or User Content. In the event You are in material breach of the Terms and Condition, Ness may, at its sole discretion, refuse You any current or future use of an Ness website without notice. Ness shall not be liable to You or any third party for any such suspension or termination.