These General Terms of Use (the “Site Terms”) govern your access to and use of the websites located at http://www.entract127.com, controlled by C.X.O.Partners OOD, a limited liability company incorporated under Bulgarian law, registered with the Bulgarian Commercial Register under no. 205264237, with a seat and business address at 11 G.S.Benkovski St, Sofia 1000, Bulgaria (referred to as “C.X.O.Partners”, “we” or “us”), which link to these Site Terms (together referred to as the “Websites” and each individually as the “Website”).
Please read them carefully. The Site Terms shall form the basis of the agreement (the “Agreement”) between C.X.O. Partners and you or the entity you represent (“you”). This Agreement takes effect when you visit a Website and use any of the Services included on or otherwise made available to you through the Websites. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You may not use the Websites on behalf of a legal entity if you do not have the necessary powers or authorisation to enter into a binding agreement on behalf of such legal entity. Additional terms and conditions may apply for individual service offerings, provided by C.X.O. Partners though or further to the Websites, as indicated in the respective service level agreements.
Without prejudice to your rights under applicable law, C.X.O. Parthenrs reserves the right to amend these Site Terms to reflect technological advancements, legal and regulatory changes and good business practices. An updated version of these Site Terms will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Site Terms. By accessing or using a Website, you agree that you have read, understand, and agree to be bound by the current version of these Site Terms which you may view when accessing any of the Websites. If you disagree with these Site Terms, or are dissatisfied with the Websites, you must immediately discontinue using this Website.
Using the Website
The Website is an online system designated to provide information about Entract 127 – serviced office, coworking and events space, including space and service descriptions, price plans, location (Services).
You may access and use the Websites in accordance with these Site Terms. Additional terms and conditions may apply to certain Services included on or otherwise made available to you through the Websites, as explained in the relevant Service sections of the Websites.
You will adhere to all laws and regulations applicable to your use of the Website and our Services.
C.X.O. Partners does not charge fees for access to the Website.
C.X.O. Partners may at its sole discretion, temporarily or permanently, change the functionalities of the Website, as well as of the content available on the Website, suspend or terminate any of the functionalities of the Website, as well as the Website itself. C.X.O. Partners may change, discontinue, or deprecate any of the Services or change or remove features or functionalities of the Services from time to time.
C.X.O. Partners provides access to the Website and its Services on a non-discriminatory basis.
Use Limitations
Don’t misuse the Website. For example, don’t interfere with the Websites or any of our Services, or try to access them using a method other than the interface and the instructions that we provide. You may use the Websites only as permitted by law. We may suspend or stop providing Services to you if you do not comply with these Site Terms and/or any of the service level agreements, terms or policies regulating individual Services, including for the period of investigation of suspected misconduct.
You understand, acknowledge, and agree to the following:
- You own the information you provide to us upon sending enquiry on the Website, as well as any information and content you upload or otherwise transmit in the process of using a Website, or in communication with C.X.O. Partners (“Your Content”). By providing Your Content to us, you represent and warrant that you are entitled to submit Your Content and it is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. You may request deletion of Your Content at any time, unless you have shared Your Content with other users and they have not deleted it, or it was copied or stored by other users.
- You agree not to disrupt or intercept our electronic information posted on the Websites or on any of our servers. You also agree not to attempt to circumvent any security features of the Websites, and to abide by all applicable laws and regulations.
- Except as expressly stated and agreed upon in advance by C.X.O. Partners, no confidential relationship shall be established in the event that you make any oral, written or electronic communication to us, such as feedback, questions, comments, suggestions, ideas, etc. If a Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), we shall obtain, use and maintain it in a manner consistent with the applicable data privacy legislation.
Site Content
Although we strive to provide on the Websites correct and up-to-date information relating to our Services, and other information about Entract 127 and C.X.O. Partners, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Website. Each person assumes full responsibility and all risks arising from use of the Website. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. C.X.O. Partners reserves the right to make additions, deletions, or modifications to the information contained on the Websites at any time without any prior notification.
C.X.O. Partners makes no representations or warranties of any kind or nature with respect to the information or content posted on the Websites. C.X.O. Partners hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall C.X.O. Partners be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of the Websites, and/or the information or content posted on the Websites, regardless of whether we have been advised as to the possibility of such damages.
The Website display some content that is provided by third parties (”Third Party Content”). Third Party Content is the sole responsibility of the entity that makes it available. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all Third Party Content, so please don’t assume that we do. C.X.O. Partners is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any Third Party Content, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Website, we will not edit, censor or otherwise control any Third Party Content. Such information should, therefore, be considered as suspect and is not endorsed by C.X.O. Partners.
The Websites may contain forward-looking statements that reflect our current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the annual availability of funds, success of research programs, regulatory approvals, stability of commercial relationships, and the general economic conditions.
Intellectual Property
C.X.O. Partners grants you a limited license to access and make personal use of the Websites and not to download (other than page caching) or modify them, or any portion thereof, except with express written consent of C.X.O. Partners. This license does not include any resale or commercial use of the Website or their contents; any derivative use of the Websites or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Websites is subject to these Site Terms and the relevant service level agreement.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of C.X.O. Partners without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the trade name or trademarks of C.X.O. Partners without our express written consent. Any unauthorized use terminates the permission or license granted by C.X.O. Partners. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray C.X.O. Partners or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any C.X.O. Partners logo or other proprietary graphic or trademark as part of the link without express written permission.
Indemnification
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim concerning: (a) your use of the Websites and/or our Services (including any activities under your account and use by your employees and personnel); (b) breach of these Site Terms or violation of applicable law by you; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content. If we are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
Limitation of Liability
The websites and all information, content, materials, products (including any software) and services included on or otherwise made available to you through the websites are provided by C.X.O. Partners on an “as is” and “as available” basis. C.X.O. Partners makes no representations or warranties of any kind, express or implied, as to the operation of the websites or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the websites, unless otherwise specified in writing. You expressly agree that your use of the websites is at your own risk. To the full extent permissible by applicable law, C.X.O. Partners disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. C.X.O. Partners does not warrant that the websites; information, content, materials, products (including any software) or services included on or otherwise made available to you through the websites; our servers; or e-mail sent from us are free of viruses or other harmful components. C.X.O. Partners will not be liable for any damages of any kind arising from the use of the websites or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree that, except for the rights vested in you pursuant to the applicable consumer protection legislation, you cannot file a claim or cause of action arising out of or related to the Websites or these Site Terms more than one (1) year after such claim or cause of action arose. In any case, to the extent permissible under the applicable law, our aggregate liability towards you for any damages arising out of your use of the Websites or any of our Services, including registration for and attendance of any Event, shall be limited to EUR 100 (one hundred Euro).
Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to specific Services.
Except for the payment of any fees to C.X.O Partners OOD, if applicable, neither party shall be liable to the other for any loss or damage which might be suffered as a result of the fulfilment of any obligation under these Terms being prevented, hindered or delayed by reason of circumstances or events beyond the reasonable control of the party relying on such prevention, hindrance, restriction or delay from performing any of the obligations herein, whether foreseeable or not, including but not limited to any act of god, nature, strike, lockouts, work stoppage, labor disturbance, fire, war, (declared or undeclared), war- like operations, riot, insurrection, terrorism, criminal acts, hijacking, piracy or piracy like acts, violation of applicable law, regulation or order of court or other instrumentality of government, or quasi- governmental body (a “Force Majeure Event”). The time for performance of such party shall be extended by the period of such delay.
Temporary Suspension
We may suspend your right to access or use any portion or all of the Website immediately upon notice to you if we determine: (a) your use of or registration for a Website (i) poses a security risk to us or any third party, (ii) may adversely impact the Website or any of the Services included on or otherwise made available to you through the Websites, or the systems or content of any other of our customers, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent or abusive; (b) you are in breach of these Site Terms and the resulting Agreement, or a service level agreement, including if you are delinquent on your payment obligations with respect to a Service for more than 30 (thirty) days; or (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
If we suspend your right to access or use any portion or all of the Website: (a) you remain responsible for all fees and charges you have incurred through the date of suspension; (b) you remain responsible for any applicable fees and charges for any Service to which you continue to have access; and (c) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in these Site Terms or the relevant service level agreement.
Termination
You may terminate the Agreement with respect to a Website for any reason, at any time, by: (i) providing us notice in writing and (ii) closing your account on the chosen Website with respect to all Services for which we provide an account closing mechanism. Termination shall become effective upon we process your notice. We may terminate the Agreement for any reason at any time by providing you 15 (fifteen) days advance notice.
Either party may terminate the Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.
We may also terminate the Agreement for cause immediately upon notice to you, (a) if any act or omission by you results in a suspension, as described hereinabove, (b) if our relationship with a third party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the Services, (c) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (d) in order to comply with the law or requests of the competent public authorities, or (e) if we determine use of the Websites and/or Services by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
Notices
We may provide any notice to you with respect to this Site Terms and our Agreement by sending a message to the email address then associated with your enquiry. Notices we provide by posting on the Website shall become effective upon posting and notices we provide by email shall become effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
To give us notice you must contact C.X.O. Partners as follows by personal delivery or registered mail to 11 G.S. Benkovski St, Sofia, Bulgaria. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery or registered mail shall be effective immediately upon receipt.
All communications and notices to be made or given pursuant to these Site Terms must be in the English language.
Notice and Procedure for Making Claims of Copyright Infringement
C.X.O. Partners respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing by providing the information specified below:
- Description of the copyrighted work that you claim has been infringed upon;
- Description of where the material that you claim is infringing is located on the Website;
- Your name, address, telephone number, and e-mail address;
- Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Notice of claims of copyright infringement should be sent to us in accordance with the communication procedure specified hereinabove.
General Terms
You agree that these Site Terms describe the entire Agreement between us and you with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Site Terms is invalid or unenforceable, you agree that the other provisions of these Site Terms will remain in full force and effect.
The failure by us to enforce any provision of these Site Terms shall not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
These Site Terms and our Agreement with you will be governed by Bulgarian law, to the extent that it is not overridden by applicable mandatory rules of your local laws, such as consumer protection laws applying to you. Any dispute relating in any way to your visit to or use of the Websites, or to the Services included on or otherwise made available to you through the Websites, shall be adjudicated by the competent courts in Sofia, Bulgaria, and you consent to exclusive jurisdiction and venue in such courts.