TERMS OF USE

GENERAL
COSMOTE ROMANIAN MOBILE TELECOMMUNICATIONS S.A. (hereinafter referred to as COSMOTE) has structured this free web site at the e-address www.cosmote.ro. (the Site) The Site is a free web site that provides online information and services subject to the present terms and conditions, which you are requested to read carefully. By using the web Site the user agree to be bound by the present terms and conditions and to use the Site in a way that is consistent with any applicable laws.

Minors are not allowed to have access to any content or service of the Site that is addressed exclusively to adults. Nevertheless, in case that minors, use the above mentioned services COSMOTE does not bear any kind of responsibility.

COSMOTE shall have the right at any time to amend, change, modify or delete any or all terms and conditions, or to impose new conditions or terms. Any such amendments, changes, modifications, deletions or additions shall be effective immediately upon notice via posting in the Site. Any use by a User after such notice shall constitute an acceptance by the user of such changes, modifications, additions or deletions. COSMOTE shall also have the right to change, modify, suspend, discontinue or restrict the use of any portion or entirety of the Site at any time, for any reason or for no reason at all, and without notice, or liability.

If the use of a service provided via the Site is governed by specific terms and conditions, these terms and conditions should be considered as constituting a whole with the present terms and conditions. In case of conflict the specific terms and conditions are applied.

LIMITATION OF LIABILITY
User agrees that the use of the Site is completely at his/her own risk and all of COSMOTE's services, content and web pages are provided “as is”, with no guarantee or warranty of any kind, either express or implied, including, but not limited to:

•  any warranty for uninterrupted to services from the cosmote.ro,

•  for the availability, reliability, completeness or accuracy of its information, services and content,

•  of title, merchantability or fitness for a particular purpose.

This disclaimer of liability applies to any damage caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, etc. Although COSMOTE shall use its reasonable endeavors to ensure security of the content, user acknowledge that COSMOTE is unable to exercise control over the security of content passing over the Site or via the services and COSMOTE excludes all liability of any kind for the transmission or reception of infringing content of any nature. COSMOTE is not liable for any defamatory, offensive or illegal conduct of other users or third parties and that any risk rests entirely with user. COSMOTE shall not be liable for any direct, indirect, consequential or special damages arising out of the use of the Site or the ability to use the Site. COSMOTE is in no way responsible for the actions of other users or third parties and shall not be liable for any content transmitted, uploaded, downloaded, posted, or created by other users or third parties.

The User agrees to fully indemnify and to hold COSMOTE harmless from and against any claim brought by a third party resulting from the use of the telecomunication services or its telecommunication network and the Internet and this Site by the User and in respect of all losses (whether direct, indirect, consequential or otherwise), costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by COSMOTE in consequence of the User's breach or non-observance of these terms and conditions.

The User is liable to pay all and any additional charges in connection with the use of the COSMOTE telecomunication services including those which may be levied by the Customer's telephone and/or Internet service provider.

LINKS TO OTHER WEB PAGES
The Site contains links to other third party web pages. These links are given as a convenience to the User, and COSMOTE has no control over such sites. COSMOTE is not responsible for the availability of such external sites and does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
COSMOTE gives the user permission to access the Site and use it for the user's personal use only. All information displayed, transmitted or carried on the Site, including but not limited to, menus, articles, text, photographs, illustrations, music, audio and video clips, trademarks, service marks is protected by copyright and intellectual property laws. COSMOTE, its partners, licensors, contractors or advertisers own the Content. User may use, copy, distribute and transmit the content only to the extent that such is done as part of the user's personal use of the Site. User agree that he will not modify, publish, transmit, transfer, sell, reproduce, distribute, perform, display, or in any way commercially exploit any of the content or infringe upon trademarks or service marks contained in such content. User may not alter the content in any way and alter or remove any trademark, copyright or any other notice from copies of the content.

The Site may distribute content and information supplied by partners and/or third parties. Any and all statements, offers, advice or other information or content expressed by said partners and/or third parties are those of the respective authors and not of COSMOTE.

USER's OBLIGATIONS
User agrees, accepts and warrants that he will use the site and the services in accordance with these terms and conditions and in an appropriate and lawful manner and for lawful purposes only, and by way of example and not as a limitation, user shall not:

•  use the site to harm the minors in any way

•  receive, access or transmit any content which is in breach of any intellectual property law and copyright, in breach of confidence, pornographic, obscene, racist, menacing, offensive, defamatory or otherwise unlawful

•  transmit any electronic content, including viruses, which shall cause, or is likely to cause detriment or harm, in any degree to COSMOTE's and/or to other user's computer systems

•  hack into, make excessive traffic demands, deliver or forward chain letters, junk mail or unsolicited or unauthorized advertising mail (spam) of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using the site, or any other web site, or which is otherwise likely to damage or destroy COSMOTE's reputation or the reputation of any third party.

•  disclose their own or any third party's personal or sensitive information in chats and message boards.

The User acknowledges that he/she has read and accepts these terms and conditions. Use of the Site by the User is deemed acceptance of these terms and conditions.

By using this site, user further agree s to indemnify, defend and hold COSMOTE harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the present terms and condition by himself.

USE OF PASSWORD
For the access in certain web pages COSMOTE may require the user's personal data in order to grant to him a password. User will receive the password upon completing the registration process. During the registration process user agree to provide true, accurate, current and complete information about himself as prompted by the registration form. If the user provides any information that is untrue, inaccurate, not current or incomplete, or COSMOTE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COSMOTE has the right to suspend or refuse the provision of the password. User is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under his password. User agrees to immediately notify COSMOTE of any unauthorized use of his password or any other breach of security. COSMOTE cannot and will not be liable for any loss or damage arising from user's failure to comply with the above mentioned obligations.

PERSONAL DATA
COSMOTE reserves the right to maintain and process the user's personal data, that COSMOTE collects and receives through the Site. The Users Personal Data can be used by COSMOTE in order to promote, support and execute the market relationship between COSMOTE and users..

Your personal data may be used by COSMOTE in order to confirm your orders, notify them by e-mail, text messages (SMS), post or other communication means regarding the future actions and for statistical reports development, etc.

Your personal data may be transmitted to the competent authorities for the purpose of verifying the commercial transactions or to other competent authorities for the purpose of executing any justified inspection according to the law.

Data provided by our clients are strictly confidential. COSMOTE undertakes before its clients to use these data strictly for the business relation between the customer and COSMOTE on the basis of the agreements and arrangements concluded between COSMOTE and its clients.

This site undertakes security steps against the loss, alteration or improper use of the information under our control.

COSMOTE undertakes to observe and respect your rights granted by Law 677/2001, and based on your written request undertakes to: rectify, update, block, erase or transform, free of charge, the data collected that are not mentioned in the Law no. 677/2001 to anonymous data, when referring to the protection of individuals' data and their free circulation; and cease the processing your personal data.

COSMOTE certifies the fact that it shall comply with the rights granted to you by Law 677/2001 regarding the protection of individuals concerning the processing of personal data and their free circulation with the subsequent modifications, Law no. 365/2002 regarding electronic trade, Ordinance no. 130/2000 regarding the consumers' protection on remote conclusion and execution of contracts and their further changes as well as by Law no 506/2004 regarding the protection of personal data and the personal life in the field of telecommunications. Among these rights, hereunder you find (the enumeration is informative not exhaustive):

•  The right to ask COSMOTE to confirm you weather or not your personal data are processed, free of charge for one request per year;

•  The right to ask COSMOTE to rectify, update, block or erase, free of charge, the provided data for which the processing does not comply with the provisions of Law no. 677/2001;

•  The right to ask COSMOTE to cease, free of charge, the processing of personal data. The right to ask COSMOTE to cease the sending of promotional messages.

Any such requests/notifications shall be dated, signed and sent by the person registered in the data base by e-mail at the address info@cosmote.ro .

COSMOTE does note bear any responsibility toward users because of a leak of their personal data caused by the use of third party products or services taken place via this Site
All the user's answers to any votes organized by COSMOTE are registered, analyzed and commended by COSMOTE, which reserves the exclusive right to exploit these data, the illation of which consists COSMOTE's intellectual property right.

COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.
COSMOTE uses cookies for the following purposes: to provide user with customized content, to keep track of users preferences so as to estimate the popular and useful pages, for statistics and marketing reasons . Users may configure their browsers to reject cookies, but in such case user may not have access to some pages or services.

APPLICABLE LAW
This website (excluding any linked third party sites) is controlled by COSMOTE. By accessing this site the User accepts that this contract and any disputes about this web site are to be governed by and construed in accordance with the laws of Romania and the User agrees to submit to the exclusive jurisdiction of the courts of Romania . This web sites may be accessed throughout Romania and abroad. COSMOTE makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Romania . If the User accesses this site from outside Romania , he, she or it does so at their own risk and is responsible for ensuring compliance with all laws in the place where the User is located.

CONTACT
For any information regarding this Site the users can call COSMOTE's customer care, in the following number: 1234 ( from your COSMOTE phone ), (021) 404.1234 / 0766.12.1234 from another phone (fixed / mobile) or send an e-mail in the electronic address clienti@cosmote.ro or send a letter to COSMOTE Customer Care Department, 47 Dr. TABEREI STREET, sector 6, BUCHAREST.

In case you do not agree to these terms and conditions, we ask you not to use this web site and leave it immediately.