Terms and conditions

Terms and conditions

Terms and conditions

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GENERAL TERMS AND CONDITIONS

to use the website elmaz.com

Welcome to our website Elmaz.com. Please familiarize with the conditions below, since by accessing, viewing, registering and using in any way the Website and its services and resources it will be considered that you are familiar with, understand and accept these General Terms and Conditions. These General Terms and Conditions apply from the time of initial access to the website and services.

I. Definitions

The words, terms and abbreviations used below have the following meaning:
“General Terms and Conditions”, “GTC” – General Terms and Conditions for use of the website and services in www.elmaz.com;
“Trader” - the trade company "SINERA BG" OOD, which manages and maintains the Website;
“User/s” – an individual aged 18 years or older who uses the services of the Website;
“Website” – online platform for dating and social contacts with web URL: www.elmaz.com;
“Service/s” – all services that are being offered on the Trader's Website;
“Profile”  - collection of all data that is associated to a registered or unregistered user of the services on the Website.

II. Validity and effect

1. These Terms and Conditions govern the relationship between the Users and the Trader in connection with the provision of the Trader Services through the Website.
2. The trader is "SINERA BG" OOD, a trade company, registered in the Commercial Register of the Republic of Bulgaria, with UIC: 103980070, with headquarters and management address: city of Varna 9000, Primorski District, №84 General Gurko Str.
3. These GTCs constitute a legal agreement that is binding between the Users and the Trader. Relationships between the parties are governed exclusively by these GTC, by the Privacy Policy and other written terms created and posted by the Trader on the Website, which are an integral part of the GTC.
4. These GTCs apply equally to both registered and unregistered users. The Terms and Conditions do not deal with nor regulate any matter arising from or relating to the provision of links to other third-party sites, ads, and software. The Trader is not responsible for the credibility, accuracy, completeness of the content of the sites towards which the Website forwards.
5. The Trader reserves the right to change the GTC on the Website at any time after prior notification to registered users by email or at a visible place on the Website. The user is required to keep track of and familiarize himself with the current version of the GTC during the use of the Services of the Website. Any use of the Website in any way will be deemed to be in accordance with the current published version of the General Terms and Conditions. In the User's disagreement with the new versions of the GTC, the same should not use the Services of the Website in any way.
6. The Trader shall make every reasonable effort to provide users with the opportunity to continually and seamlessly use the Website. There may be technical or other errors on the Website (minor differences in color, notifications, misspelling, etc.) due to an unintentional mistake or omission.

III. Characteristics of services

7. Services provided to users on the Website are expressed in ensuring an easy and free communication, dating, communication and chat with other registered users of the Website according to pre-set by each user search criteria. Any User wishing to use the Services of the Website should create their own profile by which they can view other users' profiles, send messages to other users, vote for other users, and others.
8. The Trader provides and the User uses the services "as is" in accordance with the terms and parameters stated on the Website and the current General Terms and Conditions. The services and resources of the Website are to be used according to the users' will, at their own risk and responsibility, for the correctness of their choice and for compliance with their expectations regarding the end result of the use of the Services of the Website.

IV. Registration

9. The use of the services and resources offered through the Website requires the creation of a user profile. For successful registration, the User must create a unique username and password and fill in all required fields in the registration form, and the same will be fully responsible for the accuracy, completeness, timeliness and veracity of the specified data. An obligatory condition for successful registration is that the user is over 18 years of age, familiar with the Terms and Privacy Policy of the Website, and agree with them, as well as give his/her consent for part of the data he/she completes, to be published publicly on the Website and visible in the form of a personal profile.
10. Upon successful registration, the User has the opportunity at any time to view and change the information filled in upon registration.
11. Through the registration form the User provides the following information: Name and surname; email address; country and city of residence; birth date; sex; interests (male/female).
12. The Trader uses the above information to provide its Services as described in these Terms and Conditions.
13. In the process of registration, the User has the right to give his consent to receiving marketing and commercial communications from the Trader to the email address used for registration.
14. The user bears full responsibility for confidentially protecting their username and password as well as for all actions taken through their user profile. 
15. Personal data provided by the User in the process of registration and use of the Website, its Services and resources will be processed in accordance with the Privacy Policy available here.

V. Rights and obligations of the parties

16. The user undertakes:
16.1. To use the services and resources offered on the Website according to law, according to their purpose and in accordance with these GTC and to provide true information about himself, not to present himself as a different person, not to create user profiles by automated means or otherwise not tries to deceive others about his identity. The user is required to notify the Trader immediately of any unauthorized use of his password and profile.
16.2. To access the services and resources of the Website through the technologies and means provided by the Trader, realized through their usual functionality on the Website.
16.3. Not to use, reproduce, copy and distribute, in whole or in part, any part of the Website and/or any content posted therein for any purpose (whether commercial or non-commercial) outside the explicit terms of the GTC.
16.4. To be informed about changes to the Website according to the information posted on the Website about these changes.
16.5. Not to perform any of the following actions: copying, adaptation, reverse engineering, modification, creation of derivative software on the Website, including but not limited to Flash, PHP, HTML, JavaScript, JavaApplets or other code and/or program resources; circumventing, removing, manipulating any security features, and implementing measures and technical means to protect Services and the Website from unauthorized access, from hacking and other destructive, malicious, and disruptive actions, including but not limited to any actions which purpose or result is to block the access to the Services and/or the Website, the loading and distribution of illegal content, the destruction in whole or in part of the functionality of the Services and the Website, the theft and loss of data from the services and resources of the Website.
16.6. Not to use the trademark of the Trader and not to infringe any other intellectual property rights of the Trader and/or third parties.
16.7. Not to offer, advertise, provide, publish information or links referring to websites that offer services identical or similar to those offered on the Website.
16.8. Not to post comments or send messages to other users with content that is obscene, offensive, sexual, mocking, violating legal requirements and good morals, as well as third party content through which the latter may be identified.
17. The user is entitled:
17.1. To use the Website and all Services legally for the purposes and within the present GTC.
17.2. To create a user profile, as required by these GCs, and make subsequent changes to it.
17.3. To terminate at any time, in his sole discretion and desire, the use of the Website and request the deletion /erasure/ of his own account.
18. The Trader is entitled:
18.1. At any time in his sole discretion to make changes to the Website in connection with maintaining, developing, and/or improving the quality of the Services he provides as well as to expand, reduce or otherwise modify the scope of the Services he offers without a written notice to the users and without liability for this.
18.2. To block a user from access to the Website upon violation of the GTC, the Privacy Policy, and other written terms that are an integral part of the GTC, including, but not limited to, in the event of performance, attempt, or real danger of being performed by the User or by persons using his profile of illegal activities or actions that endanger the security and functioning of the Website or affect the legitimate interests of users, the Trader or his partners, contractors and other related parties, or the protection of another significant public interest.
18.3. In order to enhance the quality of services, in carrying out regular checkup, when troubleshooting, updating of information and other related activities, the Trader has the right to temporarily restrict or suspend access to the Website.
18.4. The Trader reserves the right to seek, with all permitted legal remedies, protection and compensation for committed or suspected violations of the General Terms and the Privacy Policy by the User.
18.5. At any time, at his sole discretion, he may make changes in the prices of paid services provided through the Website when important economic, market and commercial conditions require it. Changes in pricing of paid services will not affect services purchased before the change.
19. The Trader undertakes:
19.1. Provide the User with access to the Services and resources offered through the Website in accordance with the rules of these General Terms.
19.2. To provide the User with the paid services requested by him through the Website.
19.3. To delete (erase) a User's profile upon explicit request to do so, as long as there are no grounds for refusing to accept the User's request.

VI. Paid services. Prices. Payment

20. The Trader provides the User with the opportunity to purchase a “Elmaz Extra” package containing additional paid functionality to the Website. The purchase and use of paid services is not a mandatory condition, but is voluntary, entirely at will of the User. Activating the service is not a condition of the existence of the profile and is not directly related to the use of the other free services offered on the Website.
21. The user can pay for the additional services included in the “Elmaz Extra” package using the following payment methods: via SMS; via ePay.bg; via EasyPay; via PayPal; via Safe Change; via Skrill.
22. All additional features included in “Elmaz Extra”, the ways to activate “Elmaz Extra”, the prices and the terms of validity of the package are described on the “Elmaz Extra” page, available to registered users of the Website.
23. The prices of the paid services offered on the Website are in BGN, including all taxes and fees. The Trader reserves the right to change the prices of the services provided at his own discretion.
24. The final amount owed by the User may include a fee from the respective payment service provider, depending on the method of payment chosen. Charges are determined by the operator of the selected payment service and may vary. When choosing a payment method, it is advisable to familiarize yourself with the terms and service charges of the respective payment service provider to choose the most appropriate or cost-effective payment service than the one available.
25. The User accepts and agrees that, in accordance with Art. 57 (13) of the Consumer Protection Act, the user has no right to renounce the paid services requested by him because the same represent a provision of digital content which is not supplied on a physical medium and their execution has begun with the explicit consent of the User.

VII. Liability

26. The Trader is not responsible for:
26.1. Information, photos, and other content provided by the User through the Website and its functionality; Messages sent to other users of the Website; posted comments and statements from the User through the Website, as well as any other actions performed by the User and/or other persons through his/her User Profile on the Website;
26.2. The quality, reliability, accuracy and performance of services provided by third parties and organizations in connection with the provision of access to and operation of the Internet, social networks, hosting and other services in the event of traffic disruptions due to reasons for which the respective Internet Service Provider is responsible and other electronic services or the providers of online and other services available through the Website;
26.3. The quality of the Services for the use of defective technical means, devices and/or improperly configured software by the User or for any direct and indirect damages related to the use of software programs installed on the user's computer;
26.4. Damages caused by inaccurate, unreliable, misleading and false information and/or data posted by advertisers or other information sources visible on the Website.
26.5. The quality of third-party services and parties in connection with payments on the requested through the Website paid services, does not guarantee User's satisfaction with the selected paid services.
26.6. In the event that the User has any doubt as to the quality of the Services or the content or reliability of the Website, the User shall not use the Services or any part of the Website. In all other cases, if, despite these doubts or reservations, the User continues to use the Services or the Website, the responsibility for this decision lies entirely with the User.

VIII. Protection of personal data
27. By accessing the Website, the User accepts and gives his informed informed consent that his/her personal data be collected, processed and stored by the Trader for the proper, seamless, and full use of the Website in accordance with the GTC and the Privacy Policy published on the Website that is inseparable part of the GTC, and is available here.
28. The Trader takes measures to protect the personal data of the users, in accordance with the requirements of the legislation on personal data protection and other applicable provisions of Bulgarian and European law.

IX. Intellectual Property

29. The website contains copyrighted materials and texts, images, inscriptions, graphic logos, graphics, trademarks, databases and software owned or licensed by the Trader and protected by Bulgarian, European and other applicable laws and conventions on copyright, related and other intellectual property rights. Reproduction of the Website and/or any of its items, subject to intellectual property, may be done only with the written consent of the Trader. The use of the Services and the Website does not grant the User any intellectual property rights in whole or in any part of it.

Confidentiality and personal data protection policy

Х. Supervision. Alternative dispute resolution

30. The Consumer Protection Supervisory Authority in Bulgaria is the Consumer Protection Commission with address: 1000 Sofia, №4A "Slaveykov" Square, fl.3, 4 and 6; tel .: 02/933 056 and tel. 02/9884218 and user's phone: 0700 111 22, website: www.kzp.bg. In disputes concerning obligations arising from online sales agreements where no settlement has been reached, you may refer the dispute to the Alternative Consumer Dispute Resolution (ACDR) bodies under the terms and procedure of Art. 181a and the following of the Consumer Protection Act. Further information on alternative resolution on consumer disputes can be found on the Consumer Protection Commission website at https://kzp.bg and on the online dispute resolution platform ОРС.

XI. Applicable law

31. The provisions of the Bulgarian legislation in force apply to the unsettled issues by the current GTC. Disputes relating to the use of the Website and the services and resources provided therein which can not be settled by mutual agreement or by an ADR body will be referred to the competent Bulgarian court for consideration and resolution.

XII. Contacts

Elmaz.com
Commercial entity: "SINERA BG" LTD is a commercial entity registered in The Commercial Register at The Entry Agency
UIC: 103980070
ID number as per VAT Law: BG103980070
Address of registration: Bulgaria, Varna, 84 “General Gurko” Str.
Phone: +359 52 390 500 (9:00 am - 17:30 pm)
E-mail: webmaster@elmaz.com

Last change: 01.06.2020 г.

Sinera BG OOD © 2001-2020 | All rights reserved
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