Terms and conditions

Thank you for your interest in using the Internet-based services provided by CER-CO via the website www.cer-co.com or any other CER-CO operated domains (below together called "Internet Service"). By using and/or registering into the Internet Service you agree to comply with the terms set forth below. Therefore, we ask that you carefully review the terms. The general terms of other parties than CER-CO are hereby explicitly excluded.

General information on internet service

Internet Service is an Internet-based public marketplace for users in order to find and rent construction machinery. The internet Service presents an up to date selection of construction equipment rental companies. Internet Service brings together construction equipment rental companies and constructions companies. The purpose of the Internet Service is to construction equipment rental companies in contact with construction companies using the Internet. Rental agreement regarding construction equipment between a company published on the Internet Service ("Object") is always drawn up and entered into between the seller and the buyer directly. Cer-co is in no way involved in the transaction or the rental contract. All details of the Object are provided by the rental company. Cer-co is not responsible for the information presented in the advertisement in the Internet Service. The purpose of the advertisements published in the Internet Service is solely to inform. Although Cer-co wishes that rental companies who use the Internet Service are careful and act in good faith, Cer-co cannot guarantee that the data supplied by sellers is free from errors. Before renting an Object that from a rental company advertised on the Internet Service, the buyer is obliged to check with the seller all the details that may affect the buyer’s purchase decision.

To register as a user of the Internet Service

If you want to register as a user on Cer-co Internet Service, enter the user data requested and agree to comply with the terms and conditions which have been provided to you before registering as a user (through the hyperlink). Cer-co stores the information you provided, which means you do not need to enter them again when you use the Internet Service the next time. Anyone who registers as a user of the service should be of minimum age of 18 years old. By accepting the terms of the Internet Service, you certify that the information you have provided is correct and agree to without delay notify Cer-co by e-mail if your details change. Cer-co reserves the right to refuse registration without giving any reason. Cer-co may terminate your user rights if the information provided is insufficient or incorrect or if you have neglected to notify changes. Cer-co can also deny you the right to use the Internet Service and cancel your account if you act against the terms and conditions. Cer-co has also at its disposal the means of legal protection which the law determines. To use the Internet Service, you need to contact us or fill the register form available in the menu.

Data protection and use of cookies

Cer-co respects users' privacy and strives with commercially reasonable means to prevent inappropriate use of the personal data provided to the Internet Service. Data collected or provided to Cer-co is stored on servers in Europe. Cer-co may use and transfer customer information (such as name and e-mail addresses) to third party service providers to perform functions in connection with Cer-co’ services. When Cer-co uses third party service providers who help Cer-co support its business operations, Cer-co uses contractual and technological means to require those service providers only to use the information provided to them to deliver Cer-co’ products and services – not for their own use. Data can also be transferred to suppliers of accessories, supplementary products and financing services, or to other suppliers of used machinery and services, in accordance with a user’s request for those services. Further information can be found in our Privacy Policy which includes information about the use of cookies by Cer-co. By registering as a user of the Internet Service you agree to this Privacy Policy, including Cer-co’use of cookies.

To publish an advertisement

An ad that you send to Cer-co is interpreted as a request to have the advertisement published on the Internet Service. It is the seller's responsibility to specify in which category of the site and which region; on Cer-co website listings. The user of the Internet Service is responsible for making sure that it has acquired necessary rights and permissions to the content produced by it to the Internet Service. The content produced by it should not infringe any intellectual property rights or other rights of any other person or entity and should not contain statements or material the publication of which may give rise to liability to damages or liability for Cer-co. The user of the Internet Service shall fully compensate any and all damage to Cer-co if the content does not comply with this provision. If an advertisement for some reason is not suitable for publication, Cer-co will contact the seller via email. Cer-co reserves the right to remove the content immediately without further notice to the seller and to terminate the usage rights of a seller or buyer that, according to Cer-co assessment, is using the Internet Service improperly or in a way contrary to good manners. The preconditions for publication of each advertisement are assessed separately. An advertisement may only apply to one Object (rental company in a certain category certain region). It is the seller´s responsibility to ensure that the advertisement contains the correct data that provides sufficient information about the Object, its condition and other factors that are important in view of a buyer in compliance with laws, government regulations and good merchant manners. You agree to comply with the information on rental equipment and services and other information you provide in your ad. It is your responsibility to notify Cer-co if the advertised Object is no longer available, so your ad can be removed. Cer-co has the right to edit, classify, and copy all or part of the material you have sent into the Internet Service and use it freely in its business. Cer-co is not able to check whether the information supplied by the users is correct. Therefore, the informant is fully liable for any costs and damages incurred due to incorrect information given to Cer-co. It is possible to suspend the publication of an advertisement at any time. Advertisement fee will not be charged if the advertisement is cancelled before it is published. Due to Cer-co intervals to index data and safety measures, the contents of paid advertisements are not immediately visible on Cer-co Internet Service. Indexing intervals can vary depending on server load. Ads from Cer-co invoice customers are usually visible on the Internet within hours. To ensure the safety of our customers and visitors, private advertisements are checked for fraudulent, deceptive or unlawful content. This check can take up to 72 hours until the advertisements are visible on the Cer-co Internet Service. Cer-co is required to return the advertisement fee if Cer-co fails to publish an approved advertisement. The compensation for an unpublished advertisement is limited in all cases to the paid advertisement fee. Advertisement fee does not need to be returned if the advertisement has not been published because of factors beyond Cer-co control or for reasons which Cer-co could not reasonably foresee or prevent.

Charges and Billing

It's free to register as a user of the Internet Service, to read the ads, contact sellers and to publish inquiries. The publication of rental companies ads on Internet Service is a chargeable service. The fees charged for the published advertisements are set according to the current price list. VAT will be added to all prices on Cer-co price list. Publication of an advertisement that is sent to the Internet Service is always conditional upon that the fee is paid for the advertisement. Advertisements are paid either by using online banking, bank transfer. No advertisement will be published before it is fully paid. Contract customers who market their rental depots on a regular monthly basis, get invoices according to price list or customer agreement.

Information on advertised companies

Cer-co wants to emphasize to the user that the data on the companies on the Internet Service comes from the sellers. Cer-co is not responsible for the correctness of such information.

Intellectual Property Rights

The user acknowledges that all intellectual property rights with respect to the web sites, the domains, the sub domains, the design, the text, the content, the images, the logo, the trademark Cer-co, the software and program material and other material contained in the Internet Service belongs to Cer-co, with the exception of the content of the ads, and the user hereby explicitly waives any rights in respect of such intellectual property. Unless Cer-co has explicitly given written permission, the users may not distribute, publish, reproduce, make available to the public or commercially or otherwise exploit the protected material.

Compensation for damages and limitation of liability

Cer-co does not warrant that the Internet Service will operate error-free or that the Internet Service and its servers are free from computer viruses or other harmful mechanisms. Cer-co cannot be held liable for any damage resulting from errors, computer viruses or other harmful mechanisms. If the use of the Internet Service results in the need for servicing or replacing equipment or data, Cer-co is not responsible for these costs. Internet Service is delivered "as is" and Cer-co is not responsible for any damages caused by the use of the Internet Service or the malfunction or failure of the Internet Service. If there is an error caused by Cer-co in the case of fee-based services, Cer-co can choose either to correct the error or return the advertisement fee to the user. The amount of compensation is at most equal to the amount of the ad fee that the user has paid for Cer-co for use of the Internet Service. Cer-co is not responsible for damage caused by user or third party or damage that Cer-co could not reasonably have foreseen. On the Internet Service you will find links to Internet sites that are published by external service providers which are independent from Cer-co. Although Cer-co offers you links to these services, Cer-co wants to point out that these services are provided by the relevant service providers and are to be used on terms determined by those suppliers. Cer-co is not responsible in any way for the products or services of others. The total liability of Cer-co under this agreement shall in all cases be limited to EUR 100, except in cases where the damage has been caused by an intentional act or through gross negligence.

Availability

Cer-co has the right, without notice, in whole or in part, remodel, remove, add or otherwise change the contents of the Internet Service, or its operating times, technical details or other content. Cer-co has the right to temporarily suspend delivery of the Internet Service for maintenance or modification of the Internet Service and Cer-co cannot be held liable for such suspension, maintenance or modification.

Amendment of conditions

The selection and design of the Internet Service is constantly evolving and therefore Cer-co reserves the right to change the conditions of its services. At that time user shall be informed of the amended terms and conditions, via e-mail. The amendments will become effective after publishment of the amendments on the Internet Service (including through email). If you continue to use the Internet Service after the terms have been changed, you acknowledge that the new terms are binding on you even if you have registered as user prior to the new terms came into force.

Feedback

If you believe that material in the Internet Service to any part is incorrect or faulty, please notify us by sending information to Cer-co from the "contact form" link on the Internet Service´s front page. Please describe the error or defect in detail in the message.

Nullity of Terms

If any term of these general terms is considered to be invalid, void or unenforceable to any extent, all remaining terms shall remain in full force and effect.

Force majeure

A party is not liable for breach of contractual obligations due to obstacles that are beyond the party´s influence (e.g. strike, lockout, data communication disorder, fire, theft, water damage, sabotage, vandalism or any other such unexpected event), obstacles a party reasonably could not predict when concluding the agreement and the consequences which the party could not reasonably have prevented.

Validity of terms

These binding conditions will take effect when you accept them by using the Internet Service or by registering as a user on the Internet Service. The conditions are valid for an indefinite period. Cer-co can always deny the user the right to use the Internet Service if the user violates these conditions, interferes with other users or usage of the service.

Early termination

Notwithstanding what is otherwise prescribed, either party may by notice cancel the agreement with immediate effect if:

a) Either party fundamentally breaches its responsibilities under this agreement and fails to remedy within 30 days after written request.

b) Either party suspends payments, offers instalment, goes bankrupt, becomes subject to seizure or other similar circumstance occurs that could reasonably be regarded as evidence of insolvency or liquidation.

Subcontractors

Cer-co has the right to use subcontractors in the provision of its services.

Settlement of disputes and applicable law

UE law shall apply to this agreement, excluding its choice of law provisions. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, shall be finally settled by the Court of Bucharest.

Contact information

Cer-co SRL Registration Number: 69994806

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Acceptance of terms

cer-co.com ( the service) is an on-line service consisting of services and content provided by the Olympic Media Vision (the Company), affiliates of the Company and other third parties. "Subscriber" means each person who establishes or accesses a connection for access to the use of cer-co.com.

cer-co.com may change these terms and conditions from time to time and the most current version will always be available by selecting the "Term and conditions" link displayed prominently on the Site. If a revision, in our sole discretion, is material we will notify you (for example, via email to the email address associated with your account). If any change to this terms and conditions is not acceptable to you, your only remedy is stop using the Services of cer-co.com

Trademarks

cer-co.com logos are trademarks of Olympic Media Vision. All rights reserved. All other trademarks appearing on the cer-co.com are the property of their respective owners.

Copyright

The contents of the Service and the cer-co.com website are protected by applicable copyright laws. No text, graphics, video, audio, software code, or user interface design or logos may be copied, distributed, modified, uploaded, transmitted, posted, framed or distributed in any way without prior written permission of the Company, Modification of the materials or use of the materials for any other purpose is an infringement of the Company's its affiliates' or its third-party information providers' copyrights and other proprietary rights.

License to use website

You may view, access links, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution);
  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
  • use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
  • engage in any activity that interferes with the website or another user's ability to use the website;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website;
  • assist or encourage any third party in engaging in any activity prohibited by these Terms and conditions;
  • any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Collection of Your Personal Information

We may collect the following information:

  • company name and business activity
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Company express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Company express written consent.

Links to other Websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Registration

You may register your company using the company registration link.

Controlling your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways: We will not sell, distribute or lease your personal information outside of cer-co.com and its controlled subsidiaries, affiliates and to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Warranties

Users agrees that use of the Service is at Users's sole risk. While the Company uses reasonable efforts to provide or procure the supply of timely and accurate information through the Service, neither the Company, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrants that the Service will be uninterrupted or error-free; nor do they make any warranty as to the results, materials or information that may be obtained from use of the Service or the right of any party to use or permit any use of any such results, materials or information, nor do they make any warranty as to the accuracy, reliability, quality or suitability or content of any information, material, service, or merchandise provided, procured or imparted through the Service.

The Service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties relating to quality, fitness for a particular purpose or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

Liabilities

To the fullest extent permitted by law, the Company will not be liable to users for any loss or damage arising out of users's use of the Service or any material, information or content obtained by or imparted to users in connection with the Service or Company's breach of contract, tortious act (including negligence), breach of statutory duty or any other act or omission giving rise to any claim against Company whatsoever to the extent that such loss or damage is:

  • a direct loss; or
  • a consequential, special or indirect loss; or
  • a loss of data or other damage to Subscriber's computer equipment, software or other property; or
  • a punitive or other award in damages whether or not the Company has been advised of the possibility of such loss or damage; or
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Without prejudice to the generality of the foregoing paragraph, cer-co.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • information on this website is complete, true, accurate or non-misleading.

Nothing in this agreement shall limit the Company's liability for death, personal injury or dishonesty, deceit or fraudulent misrepresentation.

Prior to the execution of a stock trade, Subscribers are advised to consult with their broker or other financial representative to verify pricing or other information. The Company, its affiliates, information providers, or content partners shall have no liability for investment decisions based upon the information provided.

Termination

The Company may terminate Subscriber's use of the Service at any time without prejudice to any rights or obligations accruing prior to termination.

Subscriber may terminate its use of the Service at any time.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Breaches of these terms and conditions

Without prejudice to cer-co.com other rights under these terms and conditions, if you breach these terms and conditions in any way, cer-co.com may take such action as cer-co.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

cer-co.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

cer-co.com may transfer, sub-contract or otherwise deal with cer-co.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, constitute the entire agreement between you and cer-co.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Miscellaneous

If any provision of this terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this terms and conditions will otherwise remain in full force and effect and enforceable. Both parties agree that this terms and conditions is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this terms and conditions, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this terms and conditions and you do not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this terms and conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this TOU will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [European LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the company’s city.