This document governs the terms and conditions of use of the website www.arcon.org.ro (hereinafter referred to as the “Site”), owned and managed by the Romanian Competition Law Association (ARCON) (hereinafter referred to as “ARCON” or the “Association”), an association registered in the Register of Associations and Foundations under no. 157/02.11.2021, headquartered in 66 Petre Crețu Street, District 1, Bucharest, Romania.

BEFORE VISITING AND USING THE SITE, PLEASE READ THIS DOCUMENT CAREFULLY!

Your visit and use of the Site is conditional upon your acceptance of these Terms and Conditions. Merely accessing and visiting the Site constitutes your unequivocal acceptance of the contents of the Terms and Conditions, and, therefore, an agreement between you and ARCON in connection with your visit and use of the Site.

1. About ARCON

ARCON is an association established to promote healthy competition at national and international level through the development and reform of competition law.

In order to achieve its purpose, ARCON aims, among other things:

1. to provide information, documents, guidance on industrial and commercial competition in various countries;
2. to study competition issues encountered in international and national relations;
3. to study and organise or participate in the preparation of international conventions relating to competition;
4. to publish principles in relation to unfair competition and to take steps to implement reforms which the Association considers useful.

2. Site content

In order to achieve the purposes mentioned in point 1 above, ARCON makes the Site available to users for educational purposes.

The content of the Site is selected at ARCON’s discretion.

ARCON reserves the right to change the content of the Site, including the terms and conditions of use, at any time, without prior notice. The content of the “Terms and Conditions” document is binding on users from the moment it is posted on the Site. Your continued use of the Site constitutes your acceptance of the new terms and conditions.

3. Intellectual property rights

ARCON is the exclusive holder of all intellectual property rights in the content of the Site, including, but not limited to the following elements: domain name, graphics, user interface, text, images, photographs, illustrations, symbols, trademarks, designs, articles and databases.

The user shall not use the site content, by reproduction, distribution, modification, broadcast, cable retransmission, translation, adaptation, creation of derivative works or transmission in any form, including electronic form, or in any other way, except with the express prior written consent of ARCON. The use, without ARCON’s consent or without a legal justification, by the user, of any elements of the content of the Site is punishable under the laws in force.

ARCON may offer the user, at their express request, the right to use, under specific conditions, certain content of the site (e.g., sharing an article). This agreement applies strictly to the content expressly mentioned in the agreement, for a specific period of time and only to the persons(s) who has(have) been allowed to use it, without the latter having the possibility to use other content of the Site.

4. Registration of members

Users who are members of the Association or wish to become members of the Association in accordance with the Association’s Memorandum of Association may create membership accounts on the Site by using their first and last name and a valid e-mail address and by choosing a password.

Do not share your account information with anyone. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that are conducted from or through your account. You agree to promptly notify ARCON of any breach of your account security.

To create an account, the user has the obligation to review and accept the provisions of the Association’s Memorandum of Association. The Association’s Memorandum of Association can be accessed at the section “[·]“, as well as at the link [·]. Membership is acquired and terminated in accordance with the provisions of the Association’s Memorandum of Association.

According to the Memorandum of Association, any eligible person who meets the following conditions may become an associate member, affiliate member or honorary member:

1. they have full capacity to act;
2. they are not incompatible with this status;
3. they acknowledge and undertake to abide by the Memorandum of Association and any other internal regulations and/or any other documents of the Association;
4. they expressly manifest, by written application, their intention to become a member;
5. they pay the application fee and the annual membership fee, except for affiliate members who do not owe the annual membership fee and honorary members who owe neither the application fee nor the annual membership fee.

For legal persons, applications for membership shall be made in writing by their legal representatives and shall be accompanied by:

1. official excerpt from the register of the relevant authority with which the legal person concerned is registered, certifying the form of the legal person and its representatives, in copy;
2. where the application for membership of the legal person is made by a person other than those indicated in the excerpt referred to at point (i) above, the decision of the statutory body of that legal entity on joining the Association and the designation of the natural person for the purpose of filing the membership application, in original.

The admission of new associate members, affiliate members or honorary members shall be approved by the Board of Directors of the Association. ARCON may refuse the registration application in cases where it finds that the user is not eligible as per the provisions of the Memorandum of Association or if it finds that false/fictitious/untruthful information has been used.

Creating an account on the Site provides access to the following: [●].

The account can be deleted at any time from the account settings under “Delete account”. Deletion of the account registered on the Site does not imply termination of membership in the Association.

5. Entry in the ARCON Membership Register

The Association publishes a register of members registered with ARCON. The name of the user who has become a member of the Association may only be published in the public register if the user has given their consent.

6. Making payments

Through the Site, users may make payments to ARCON, for various purposes, such as, but not limited to:

1. contribution owed by members in accordance with the Association’s Memorandum of Association (registration fees, annual contributions);
2. registration/participation fees for various conferences, colloquia, seminars, roundtables or other similar events organised by or with the participation of the Association;
3. fees for access to certain events and/or publications.

Payment will be made in accordance with the terms and conditions of the platform providing the payment processing services, i.e. Netopya Payments.

7. Communications

The user, both with and without an account on the Site, may choose to receive communications by e-mail or telephone containing general information on competition law or updates on materials published on the Site, reminders/alerts on upcoming events, conferences, seminars or roundtables.

The user may change at any time their consent given to the Association for receiving communications, as follows:

1. by changing the account settings under [●];
2. by accessing the unsubscribe link displayed in communications sent by e-mail; or
3. by contacting the Association at the contact details provided in the “Contact” section.

8. Disclaimer

ARCON does not warrant and assumes no responsibility that the Site, the servers on which it is hosted or the communications sent by ARCON are free of viruses or any other contaminating or potentially harmful computer components. ARCON also does not guarantee and cannot be held liable for any errors, omissions, failures, delays or interruptions in operation or transmission, line failures or any other similar factors.

The user uses the Site at their own risk, and ARCON shall not be held liable for any direct or indirect damage caused by using, accessing or visiting the Site, or as a result of using the information on the site in any way.

ARCON also does not guarantee the accuracy, form or content of the pages displayed by your browser. Thus, ARCON is not responsible for any damage caused directly or indirectly by the operation of the Site, nor for the malfunctioning of the Site.

The information contained on the Site is for informational purposes only and is provided in good faith from official, qualified sources or from sources ARCON believes to be reliable. ARCON is not responsible for any errors or omissions that may occur in the preparation or presentation of the materials on the Site.

Any links to other sites are provided solely for the purpose of making the information more accessible, and ARCON assumes no responsibility or liability for the content or operation of such links/websites.

ARCON shall not be responsible for any consequences, including financial consequences, which may arise from the use of the Site or other sites indicated on the Site, including inadequate, improper or fraudulent use.

The content published on the Site does not constitute legal advice or opinion. ARCON is not responsible for the manner in which users use or appropriate the information published on the Site and is under no obligation to update the information within a given timeframe to implement any legislative changes that may occur to the original publications.

ARCON has the right to close the Site at any time without prior notice of the closure of the Site. ARCON will not be liable for any case in which the Site is temporarily or permanently shut down for any reason whatsoever.

ARCON is not responsible for the frequency with which it publishes information/materials/articles or any other content. ARCON does not undertake to provide any particular type of information at any particular time or with any particular regularity.

9. Processing of Personal Data

ARCON collects, processes and stores personal data on the Site in accordance with the Privacy Policy.

10. Use of Cookies

Our Site uses cookies to provide you with useful features and to measure performance in order to improve your experience on the Site, in accordance with the Cookie Policy.

11. Governing law. Dispute resolution.

The terms and conditions relating to this Site are governed by Romanian law. Any disputes arising out of or in connection with the use of the Site shall be submitted for resolution to the Romanian courts. The parties shall use their best efforts to settle amicably any dispute arising out of these terms and conditions or the use of the Site by the user.

12. Violations

If, while using the Site, you come across content that you consider inappropriate or that you believe may be in violation of this document, please forward such content to us by e-mail at office@arcon.org.ro.

13. ARCON contact

To contact the Association for any purpose, the user has at their disposal the following contact details:

• E-mail: office@arcon.org.ro
• Telephone: +40 21 202 59 27

14. Final provisions

The invalidity of any provision of this document, in whole or in part, shall not affect the validity of the remaining provisions or parts of provisions. The invalid clause shall be replaced by an appropriate clause in accordance with the applicable legislation.

The provisions of the terms and conditions shall be supplemented by the provisions of the Civil Code, as well as the provisions of the applicable legislation in force.

Updated on 09.01.2023.