GENERAL TERMS AND CONDITIONS OF USE OF THE BARKONTROL PLATFORM
This document describes the General Terms and Conditions of Use of the BARKONTROL platform
(“Terms and Conditions” or “Contract” and “Platform” or “ BARKONTROL Platform ”, respectively)
available through the website www.BARKONTROL.RO ( "Website").
For any questions regarding the content and / or effects of these Terms and Conditions, you can write to us at office @ BARKONTROL . RO
1. What is the BARKONTROL Platform ?
The BARKONTROL platform is a software-as-a-service software program, dedicated to individuals or legal entities in various industries such as HoReCa (hotels, restaurants and cafes), or doing business in other industries related or not to these industries. of his business, the person in question will be called “Customer”), through which the latter can manage various aspects of their activity, such as:
- the products and stocks related to each product and / or service marketed;
- measuring the quantities of raw material in management
- signing of the inventories performed by the employees
- generating reports resulting from the use of the application to measure the quantities of raw materials in the Client's management
The Company can also help the Client to configure some or all of its aspects
mentioned above, within the BARKONTROL Platform , through consultancy dedicated to them.
The above, provided by the Company, will be referred to as "Services"
2. Who operates the Platform?
2.1. The platform is exclusively owned and operated by BARKONTROL PRO SRL, o
company registered complicated in Romania, based in Cluj-Napoca, str. Georges Clemenceau no. 2, having CUI 36842255 and J12 / 4372/2016 (“The Company”).
2.2 . These Terms and Conditions represent user agreement Platform BARKONTROL in c Areia:
2.2.1 . the Services are provided by the Company;
2.2.2. software applications developed by the Company or by
natural or legal persons who accept the terms and conditions of use of the Platform
(“Application” and “Developer”, respectively). The applications can be accessed by
any natural or legal person who uses them for business purposes
its commercial, industrial or production, artisanal or liberal (“The customer
final");
2.3. Platform BARKONTROL installed on its dedicated servers owned by independent partners specialized in providing hosting services, called in those that follow single "partner".
2. 4 . The customer can use the BARKONTROL Platform only if he accepts these Terms and Conditions in advance . For the avoidance of doubt, by accessing or using the BARKONTROL Platform , Customer agrees to these Terms and Conditions.
2.5. The services within the BARKONTROL Platform available through the Website, are offered conditional on the acceptance in their entirety by the Customer of the provisions stipulated below as well as the Terms and Conditions of use of the respective Service / Application, as the case may be.
2.6 . Accessing the BARKONTROL Platform , as a final Customer, is conditioned by the existence of a user account, which can be created after the prior conclusion of a collaboration contract between the parties.
3. Description of the BARKONTROL Platform
3.1 . These Terms and Conditions are displayed on the Website and in the Customer's personal account.
They regulate the commercial relationship between the Company and the Customer regarding the supply of
to the Company to the Client of the Services through the BARKONTROL Platform .
3.2 . For the avoidance of doubt, any reference in these Terms and Conditions to the Customer,
as well as any obligation established in its charge, are also in charge of any User
created by the Customer and vice versa. Within these Terms and Conditions, the notion of
"User" means the natural or legal person who collaborates with or is employed by
to the Customer and over which the latter exercises authority regarding access to the BARKONTROL Platform .
3.3. The BARKONTROL platform , the entire system underlying it, as well as each of the hardware and software components of this system and all the rights of
intellectual property or other nature, present and / or future on the BARKONTROL Platform and the system belong entirely to the Company. The content is presented in good faith.
3.4. The customer acknowledges and accepts that the Company acts only as
retransmitter of the storage server provisioning service, they
belonging to an independent Partner specialized in this type of services, thus the Company
cannot be held responsible for their security.
3 .5 . Customer facing and to define one or more users that can access the platform BARKONTROL is however complicated directly responsible for them.
3 .6 . The BARKONTROL platform can be accessed and used both in Romania and abroad .
4. Policy for the reasonable use of the BARKONTROL Platform
4.1. By accessing the BARKONTROL Platform , the Client declares that he agrees to use the Services and Applications made available to him only in accordance with these Terms and Conditions and in consideration of his professional activity (to avoid any doubts, the obligation of reasonable use applies to all Users created by the Customer).
4.2. If the Company considers that the BARKONTROL Platform is accessed and used in a different way from the one described in art. 4.1 above, or c complicated by its use is causing or may cause damage direct or indirect either the Company or the Platform BARKONTROL Society BC and reserves the right, at its discretion exclusive without being necessary to submit any further explanation and / or prior notice, to limit / restrict / suspend / interrupt / terminate (as appropriate) the Client's right of access to the BARKONTROL Platform or to impose certain conditions on him access / use restrictions (or limitations thereof, as appropriate).
4.3. However, the Company will be able to notify the Client in advance (using the communication channels available in the Client's account created within the BARKONTROL Platform and / or by e-mail) and grant him a maximum period of 24 (twenty- four) hours for that it ceases any unreasonable access / use of the BARKONTROL Platform before taking any restrictive / limiting action.
4.4. Measures to restrict access may include, but are not limited to, the following: limitation of the space required for the storage and storage of information and data.
(including backup) of the Customer (for each of its Users); limiting the number
of transactions / operations per month; limiting the number of calls made to the API
(application programming interface); limiting the number of successful telephone contacts
of the Company by a Customer within 5 minutes; limiting the number of pages
visited within 5 minutes; limitation of the number of notifications (support tickets)
carried out within 1 calendar month, limiting the number of products displayed in
BARKONTROL platform .
4.5. Also, the Company may decide and expanding functionality of the application or equipment available in the platform BARKONTROL even and without specific request from a client, including f ithout limitation: expanding the number of transactions / month operations conducted through an Application
5. Account creation and customer information
5.1 . Access to the BARKONTROL Platform is made exclusively on the basis of an individual username, unique for each Customer and a password.
5.2 . To access the BARKONTROL Platform , the Customer must complete the steps described below:
5.2.1 . The Client will sign a collaboration contract with the Company, after which the Company will create a username and will communicate it to the Client by telephone and / or by email.
5.2.2 . In addition to the contract , the Customer must provide information
real. The company is not responsible for any effects, including on experience
use of the Platform, produced on the Client and / or on the employees,
to the collaborators or clients of the Client, insofar as the information provided by
Customer are not real.
5.2.3 . The customer will choose both a username and a password, as well as a unique identifier of
Customer. The unique identifier is not allowed to contain spaces. The unique identifier is
different from the name of the legal entity under which the Client carries out its activity and
can be any character group.
5.2.4 . If it discovers that the information completed by the Customer in connection with
its business and / or regarding one or more Users are not real, the Company
reserves the right to limit the Client's access to his account or even to delete it
that account, at his choice, without any prior notice and without the possibility
The customer to claim compensation.
5.2.5. In the event that it is found that the Company erroneously restricted access
to / deactivated the Client's account according to art. 5.2.4, above, the Company will proceed to
lifting the limitation regarding the access / reactivation of the Client's account, based on
information and / or documents submitted by the Client certifying the request
his legitimate reason for reactivating his account. Reactivating the account does not bring costs
for the Customer, in addition to the costs of using the existing Platform
at the time the account was deactivated, related to the current tariff cycle, which is
will continue to apply.
5.2.6 . To the extent that within 120 (twenty-two) calendar days of
limiting the access / deactivation of the Client 's account by the Company, the Client in
does not contact the Company to request the lifting of the access restriction /
reactivation of his account, the Company will delete the Client's account, in compliance
the provisions regarding the personal data associated with the Client's account,
contained in the Personal Data Processing Policy by the Company
through the Platform and in other documents and procedures of the Company in this
material. For the avoidance of doubt, the Company reserves the right to use, in
non-exclusively and without time limitation, from the time when the account of a
Customer is created, free of charge, any information included or related to the account
a Customer, which does not represent his personal data and / or entered
of it.
6. Support
6.1. The company will offer the Customer online support (FAQ, video tutorials, explanations published on the Website). All online support is provided by the Company to the Customer free of charge .
7. Duration of the Contract
7.1. The duration of the contract will be specified in the written contract between the parties.
8. Processing of personal data provided by the Client
8.1 . The company processes the personal data of the Client and the traffic data in good faith, ensuring the observance of his right to privacy, in conditions
technical and organizational procedures of adequate security, the processing being carried out with respect
legislation in force, in accordance with the provisions of the Data Processing Policy with
personal character.
8.2 . The company will never ask the Customer to provide data of character
personnel with respect to natural persons, regardless of their relationship with the Client, than in
the extent to which the requested personal data are necessary for these
individuals, as Users associated with that Client, to use the Platform.
8.3 . The personal data of the Client and / or Users or of his legal representatives, if such data are provided by the Client, as well as the traffic and location data will be processed by the Company in accordance with the provisions of Law no. 506/2004 and
EU Regulation 2016/679 on the protection of individuals with regard to
processing of personal data and on the free movement of such data, following
to be used in accordance with the Personal Data Processing Policy of
to the Company through the Platform.
8.4 . The Client undertakes to communicate to the Company any change regarding his data
identification and contact details, within 10 calendar days from the date of operation
change. Changes not reported under this article will not be enforceable
To the Company, any notification / information made according to the contact details communicated
previously considered by the Client to be valid.
8.5 . The Customer is responsible for maintaining the confidentiality of User accounts and related passwords and will immediately report any unauthorized use of them.
9. Security practices related to the Platform
9.1. The company implements and maintains practices and procedures, which are reviewed
periodically to ensure the security of the systems used for hosting and
operation of the Platform. These practices and procedures aim to reduce
the vulnerability of the Company's systems to accidental losses, intrusions
unauthorized access, disclosure or modification or behavior
improperly that may interfere with the Company's systems or misappropriate or affect
otherwise the content or use by the Customer of the Platform.
10. Liability of the Client. Liability of the Company
10.1. By using the BARKONTROL Platform, the Customer declares, accepts and confirms that he has
and agrees that the Company cannot be held responsible and is
acquitted of any liability for any direct or indirect, incidental damages
whether or not, including the unrealized benefit / profit, on the data,
confidential information, databases, customers, goodwill of
Customers / Partners or any other damage, tangible or intangible, that may be
suffered by the Client / clients of the Client and / or his collaborators (including in what
regarding the right to an image), which could result from the use of the BARKONTROL Platform.
1 0 .2. Regardless of the circumstances , only if serious guilt or intent is proven
The company in causing the damage, based on a decision or a decision of a
public authorities or competent courts, the Company may be obliged to pay a
compensation in the maximum amount of the value of the Services and / or the cost
Applications received from the Client in question, in the last 6 (six) months prior to the invocation
by the Client of his claims.
1 0 .3 . The customer will compensate the Company for any damages suffered as a result
of the Client's use of the BARKONTROL Platform for purposes contrary to law and the present
Terms and Conditions or contrary to the stated purpose at the time of creating your account
Client within the BARKONTROL Platform.
11 . Use of the BARKONTROL Platform and fraud
1 1 .1 . Customer declares expressly that complicated to understand or that BARKONTROL platform is intended complicated and provided only as the end user and solely for the purposes
mentioned in these Terms and Conditions.
1 1 .2. Customer service is provided only in his capacity as end user S i
only for his personal use in connection with his business.
1 1 .3 . The following are considered fraudulent activities of the Client:
1 1 .3.1. providing erroneous / falsified information that formed the basis of the conclusion
The contract by creating the account by the Client;
1 1 .3.2. providing access to the BARKONTROL Platform to third parties (for a fee or free of charge), based on its user account;
11. 3.3. Platform BARKONTROL use for purposes other than those men tioned in the presence hold
Terms and Conditions or than those indicated at the time of creating your account
user.
11 .3.4. If he identifies a fraudulent activity within the meaning of art. 17.3. above, the Company has
the right:
11.3.4.1. to suspend the Client's access to his account and / or to the BARKONTROL Platform and to
terminate the Contract in its own right, without the intervention of the court or otherwise
prior formalities, the Client being considered by right in arrears from
when the Company notifies it, within the BARKONTROL Platform or through
through the identification data indicated by the Customer, regarding
the intervention of this termination;
11 .3.4.2. to refuse to provide access to a new client's account or it
subject to the provision of a guarantee.
11 .3.5. The Customer is also liable for damages resulting from non- compliance
obligations under this Article.
12 . Modification of the Terms and Conditions
12 .1 . Society BC and reserves the right to modify future presence keep the terms and conditions
duration of the contract.
12 .2. If the change is substantial , the Company will communicate to the Customer a
written notice of such a change in the Terms and Conditions with the
at least 5 (five) days before they become applicable.
12 .3 . To the extent that the Client does not agree with a change made according to art. 18.1.
above, he will have the right to unilaterally terminate the Contract, ceasing to
use its account within the BARKONTROL Platform, in which case neither Party
will owe the other damages.
12 .4 . However, the termination of this Agreement by the Customer has no effect
on the obligations already due for payment, which the Client will continue to owe
Company.
13. Ownership of the BARKONTROL Platform
13.1 . These Terms and Conditions do not transfer any ownership rights
intellectual property on the BARKONTROL Platform, Services or equipment
To the company, the Client acquiring by creating the account only a right of use
non-exclusive and time-limited, worldwide.
13.2 . All rights, titles and interests in the BARKONTROL Platform, including without limitation the intellectual property rights, as well as any ideas, know-how or programs developed by the Company during the provision of the Services and ensuring access to
BARKONTROL platform, including any improvements or modifications made by the Company
on the BARKONTROL Platform will remain the permanent property of the Company.
13 .3 . The Customer / User has no right to remove, modify or alter any part of
within the BARKONTROL Platform including, but not limited to: source codes, object codes,
design elements or other applications contained within the BARKONTROL Platform and created by the Company or existing in other archives or backups owned by the Company,
if appropriate.
13 .4 . The customer is not entitled to copy / modify / distribute / v hen A or rent any
part of the BARKONTROL Platform, services and / or software included and not included
has the right to restore or attempt to extract the source code of that program
software, unless the Customer has the prior, express permission and
written by the Company. This obligation also applies in relation to the data
belonging to other Customers, existing on their behalf, and if
The Customer is in possession of such data, the Customer is not entitled to
copy / modify / distribute / sell / restore or rent any part of the data
respectively, except in cases where the Client has the express permission, written from
the part of the Client who owns this data.
13 .5 . The customer has no right to transfer in any way (even by merger) or to any
natural or legal person (neither third party nor group) any right conferred on him
Client on the BARKONTROL Platform .
14. Ownership and confidentiality of Customer data
14 .1 . This Agreement does not transfer any ownership or ownership rights
intellectual property on the data owned by the Client, inserted by him in the account
and tonsure available on the platform BARKONTROL . Thus, the Client remains the permanent owner of
data inserted by him in his existing account on the BARKONTROL Platform , both on
the entire period of use of the account under this Agreement, as well as thereafter .
15 . Suspend and delete content
15 .1. In the event of a breach of one or more of the obligations set out herein
Terms and Conditions or results from another agreement between the Parties or as a result of
an infringement of intellectual property rights or an infringement of applicable law
by the Client, the Company has the right to suspend the Client's access to the Platform
BARKONTROL and / or to delete at any time the inappropriate content , for a period that will be decided by the Company, without the right of the Customer to claim compensation.
16 . Emergency maintenance and planned maintenance
The company can perform regularly planned maintenance operations. In the situation where
these operations may affect the availability of the BARKONTROL Platform , the Company will inform Customers at least 5 (five) calendar days in advance. Other periods may occur
of the BARKONTROL Platform , planned or unplanned. The BARKONTROL platform will not be available during these periods. During these periods, the Company takes the security measures described in the Data Processing Policy.
Staff to ensure that data are personal customer processed safely you.
17 . update
17 .1 . These Terms and Conditions apply to all improvements , modifications,
variations, revisions, updates, additions, added components and replacements
for the BARKONTROL Platform (collectively referred to as “Updates ”), which the Partner and / or
The Company may supply or make them available for the BARKONTROL Platform .
17 .2 . The customer authorizes the Company and agrees that it may transmit
automatically, access, install and provide in any way, Updates for
BARKONTROL platform without prior notice and without the need to obtain
Customer consent.
17.3 . The company has no obligation to perform the Updates, it does not guarantee
performing Updates and none of these Terms and Conditions may be
interpreted as an obligation of the Company to create, supply or install
Updates.
18 . Termination of the Contract
18.1 . This Agreement is terminated by agreement of both Parties.
18 .2 . Either Party may terminate unilaterally this Contract in Science hen
but the other side about it. In the case of the Client, the denunciation may take place,
among others, by deleting his account within the BARKONTROL Platform .
19. Applicable law. Dispute resolution
19 .1 . This Agreement is governed by Romanian law Ân complicated.
19 .2 . Anything that the carts in connection ATs with performance of the Contract will be settled by
friendly. If such a settlement is not possible, the dispute will be referred to
settlement of the competent courts at the Company's headquarters.
20 . miscellaneous
20 .1 . By accepting these Terms and Conditions, the Customer declares that it is you ESRD legally complicated
to conclude and execute this Agreement, that each of the Users who have
accounts associated with his account of the Client is authorized by the Client to use
Platform BARKONTROL , he read, the telescope completely and agrees with the entire cone country
these Terms and Conditions.
20 .2 . The company can be contacted at the contact details mentioned in the preamble
Terms and Conditions present or within the BARKONTROL Platform .
20.3. Notifications:
20 .3.1. The company will be able to send any notification (such as those regarding the changes
these Terms and Conditions) by various means, including by e-mail, SMS, mail
(letter with acknowledgment of receipt), written messages, online notifications through the Platform
BARKONTROL or other reasonable means of proof of communication.
20.3.2. The Client may send any notification to BARKONTROL in connection with this Agreement, by various means, including e-mail, mail (letter with acknowledgment of receipt) or written messages or other reasonable means by which proof of communication can be made.