TERMS AND CONDITIONS

1. General information

This document regulates the terms and conditions for the use of the website www.Startsera.com (hereinafter referred to as Startsera in "Terms and Conditions") and establishes the conditions under which any person may access and use the content of the website, as well as the conditions that apply to the legal relationships that arise between Zontap LLC and the User, through the placement by the User of an Order for the purchase of products provided by www.Startsera.com.

The Terms and Conditions below are applicable between the parties and have the value of an agreement between the User and the company ZONTAP LLC or other companies associated or collaborating with it that identifies the economic agent (hereinafter referred to as "STARTSERA"), ZONTAP LLC being the owner of the Site www.Startsera.com. Startsera is the commercial name of ZONTAP LLC, a Romanian legal entity.

Any user of the Site is obliged, before visiting or using the pages of the Site, to carefully read and study the Terms and Conditions, as well as the Personal Data Protection and Privacy Policy (hereinafter referred to as "Privacy Policy") and the Cookie Policy (hereinafter referred to as "Cookie Policy").

If the Visitor or User does not agree and does not accept these Terms and Conditions, he/she is requested to leave the Site, to cease using the Site and not to place an Order. Continuing to browse the Site and placing an Order implies express, full, and unconditional acceptance of these Terms and Conditions, the Privacy Policy, and the Cookie Policy, as well as expressing agreement with their content.

www.Startsera.com assumes and reserves the right to make any changes to the provisions of the Terms and Conditions, Privacy Policy, and Cookie Policy in its sole discretion, and to delete or add any information, suspend or discontinue use of the Site or any part thereof, at any time and without prior notice, and the Visitor or User of the Site agrees and accepts this provision.

www.Startsera.com may publish information on various promotions or discounts offered at certain times by itself or by any other third party with which it has entered into partnership agreements or is in a collaborative relationship. Products subject to any promotion or campaign of any kind are subject to the terms and conditions set out for that promotion as presented on the Site or associated social media pages www.Startsera.com and are supplemented by these Terms and Conditions. Any promotions presented are only valid for the duration and within the limit stated in the campaign announcements either on the Site or on the associated social media pages.

2. Who we are?

We are ZONTAP LLC, a Romanian legal entity, with a registered office in Brasov, 50th Tomis St., office no 1, Brasov county, registered at the Trade Register under no. J8/1977/2020, with ID 43122087, e-mail: contact@startsera.com. The concept of ZONTAP LLC may also include other associated or collaborating legal entities which identify the economic agent.

3. Definitions

In these Terms and Conditions, unless expressly provided otherwise, the following terms shall have the following meanings:

Order

means a request placed by the User, by means of which the User expresses his/her commitment to purchase one or more Products provided, in accordance with the Terms and Conditions herein, by means of remote communication.

Login

is the section of the Site accessible to the User, through which the User provides, for identification purposes, an e-mail address and a password allowing access to the Product purchased.

Contract

means the agreement of wills expressed remotely, by accessing the button for placing an Order "Complete Order", between www.STARTSERA.com and the User, without the simultaneous physical presence of the Parties, regarding the sale or purchase of one or more Products and in compliance with the legal provisions and the terms and conditions for the online provision of certain services.

Content

means any text, images, graphics, photographs, drawings, audio, video, scripts, and any other form of information that can be stored on a computer and that is contained in the Products purchased or on the Site www.Startsera.com.

GDPR

stands for Regulation (EU) 2016/679 adopted by the European Parliament and the Council of the European Union on 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC - General Data Protection Regulation.

Confidential Information

means any information relating to the User or STARTSERA, their associates or collaborators, or to this Agreement which is made available before or after the date of conclusion of the Agreement. Confidential Information may also be information contained in Products.

Party/Parties

represents both STARTSERA and any fully competent person or legal entity that, through its authorized representative, enters into a contract with ZONTAP LLC and agrees to these Terms and Conditions.

Privacy Policy

is the provision of information regarding the privacy and processing by www.Startsera.com of the User's personal data and forms an integral part of these Terms and Conditions.

Cookie Policy

is the provision of information about the "cookie" files that our Site collects and the purposes for which they are used and forms an integral part of these Terms and Conditions.

Price

is the price paid by the User for the purchase of a Product.

STARTSERA

is the trade name of ZONTAP LLC or associated or collaborating companies identifying the economic agent - Romanian legal entities, incorporated and operating in accordance with the laws of Romania, which supply the Products found on the Website and which own the Website www.Startsera.com.

Product

means the package of materials provided through the Site that can be purchased by the User, for a fee, following the placement of an Order. It may take the form of an illustrative eBook, a video course, or a subscription for access to an online community on a monthly subscription basis.

Our site / website

means the www.Startsera.com website, any section and subsection thereof, and associated STARTSERA social media profiles/pages, including but not limited to Instagram, Facebook, Youtube, Pinterest.

Terms and conditions

are the provisions described in this document and include the Privacy Policy and Cookie Policy.

Transaction

means the payment operation carried out by the User, i.e. the collection of a sum of money by Zontap LLC following the placement of an Order for the purchase of a Product supplied.

User

means any person who accesses our Site, as well as any natural and/or legal person, other legal entity, or its affiliates, who has the authority, agrees and undertakes to abide by these Terms and Conditions and/or who places an Order to purchase Products offered by www.Startsera.com.

Visitor

means any person who visits, views, or accesses the Site www.Startsera.com.

4. Order placement and use conditions Products

Ø In order to legally place an Order for the purchase of Products, the User must: (i) be at least 18 years of age and/or have the full legal capacity or be represented or have the consent or authorization of his/her legal representative; (ii) provide true, accurate, complete and up-to-date contact information; (iii) expressly and unconditionally accept these Terms and Conditions.

Ø The User shall refrain from placing a false or fraudulent order, www.Startsera.com reserving the right to cancel the Order in the event of any breach and to take the appropriate legal action.

Ø www.Startsera.com reserves the right to block access and/or the account of any User who violates these rules, for a determined or indefinite period, without prior notice, and to contact the competent authorities in order to repair any damage suffered.

Ø The User understands and undertakes to comply with the prohibition of multiplication, use, or distribution, in whole or in part, of the Product, as well as the prohibition of its use outside the purpose for which it was sold, without the prior written consent of Zontap LLC.

Ø The User acknowledges, understands, expressly accepts, and undertakes not to access the Products provided by using or maintaining the account connection simultaneously on more than one device. The User understands that he/she is not allowed to communicate his/her account identification data (user and password) for use by a third party.

Ø Please note that our technical team has the ability to verify and observe the number of devices used to access the account. In situations where suspicious activity is identified on a User's account, www.Startsera.com reserves the right to take additional protective measures.

Ø The sale, resale, or distribution for commercial purposes of any of the Products purchased from www.Startsera.com is prohibited.

Ø By placing an Order, the User accepts and agrees to the form of remote communication used by www.Startsera.com in carrying out its operations.

Ø If we consider that the request for Products may have an illicit or immoral purpose, we reserve the right to refuse to supply the Product in question and to immediately inform the User of this refusal.

5. Ordering and conclusion of the contract

a. The data and information provided on the Products presentation page do not constitute an offer from www.Startsera.com, but an invitation to tender.

b. The order can only be placed online by selecting the Product the User wishes to purchase. After selecting the desired Product, the Order will be placed via the order page, where the following information will be provided:

■ a) order data: name, surname, e-mail address, address, telephone number

■ b) method of payment: Select one of the options indicated, either by bank order or payment by card, and fill in the bank card details.

By placing the Order, the User confirms that all data provided are correct, complete, and true. In case of purchase of Digital Products, the User will create an account with a password for access.

In order to identify and correct errors that may occur when entering data, the User has the electronic address www.Startsera.com at his/her disposal to report and rectify data provided in error.

If, for any reason, the Order cannot be processed, the User will be informed as soon as possible.

We reserve the absolute discretionary right, without having to give a reason, to refuse to accept an offer to purchase one or more Products. In such cases, no contract shall be concluded between the parties and we shall have no liability.

We reserve the right to withdraw or block, at any time, the Products advertised on the Site www.Startsera.com for purchase and/or any other information relating thereto.

We reserve the right to cancel a placed Order in case of justified reasons, among which we may mention:

1. suspicion of fraud;

2. non-payment;

3. non-acceptance of the Transaction by the bank issuing the User's card;

4. invalidation of the Transaction by the card processor;

5. the provision of incomplete or erroneous data by the User;

6. the reasonable suspicion of www.Startsera.com that the User is pursuing an illicit purpose or may cause any kind of damage to www.Startsera.com or Zontap LLC or its collaborators;

7. failure to comply strictly with the Terms and Conditions herein.

The contract between the parties shall be concluded at the moment when the payment is made by the User through electronic means of payment, meaning the moment when the ZONTAP SRL account has been credited with the amount paid by the User. In the case of free materials offered free of charge, the contract between the parties shall be concluded when the Product distributed by www.Startsera.com is actually transmitted to the User.

Any monies collected from payments made on the basis of orders that could not be processed or honored, for whatever reason, will be refunded by Zontap LLC (owner of www.Startsera.com) to the User.

6. Price and payment method

Prices shown are final and transactions are processed at the exchange rate of the User's bank, regardless of the currency of the account from which payment is made. We reserve the right to display the price of the Products in Euro/USD/RON at the level of the Product presentation page, and the price will be expressed in the same currency or in another currency specific to the country where the payment is completed on the order page.

Zontap LLC through www.Startsera.com reserves the right to modify or update the Product Price at any time, such update superseding any previously displayed price for such Product.

In the event that the Price or any other details relating to the Products have been displayed, for any reason, erroneously in the presentation, Zontap LLC through www.Startsera.com shall inform by e-mail the User who has placed an Order under these conditions, as soon as possible after the error has been noticed.

Zontap LLC and www.Startsera.com do not request additional payments, but are not and cannot be held responsible for any additional costs incurred by the User compared to the Price of the Product purchased, including, but not limited to, transfer or currency conversion fees, applied by the bank issuing the User's card, in the event that the currency of issue of the card is different from the currency in which the sale is made.

www.Startsera.com through Zontap LLC will issue and send to the User an invoice for the purchased Product, in electronic format, to the e-mail address provided by the User, the purchase price shown on the invoice being the same as the price shown on the Site at the time of purchase. If the User wishes a personalized invoice based on the data of the purchasing entity, he/she will inform Zontap LLC via www.Startsera.com about this and will provide all the information required from a legal point of view to issue the invoice.

Payment for the products can be made by payment order or by credit or debit card at the time of placing the Order online, through the selected payment processor.

In case of payment by bank card, the Transaction will appear on the bank statement with the name Zontap LLC.

The online payment shall be made in full security by personal card or the Buyer's company card, and the cards accepted for payment are those issued under the VISA (Classic and Electron) and MASTERCARD (including Maestro if they have a CVV2/CVC2 code).

Bank card data processing is carried out exclusively on the payment processor's servers. The security of the information is guaranteed by the fact that the payment processor sends your confidential card data encrypted to the processing bank via a secure connection.

7. Delivery and transfer of ownership

The delivery of the Product will be made after the conclusion of the Contract, following the successful processing of the payment made by the User, by means of electronic mail to the e-mail address indicated by the User at the time of placing the Order and/or by creating the access account to the purchased Products as well as to all other related groups.

The account can be opened by providing the necessary data, such as e-mail address and password, in the dedicated section of the Site or by accessing the sections indicated in the e-mails sent, according to the instructions existing at the time.

Delivery of the Product is made only online, in electronic format, so that in the case of digital Products you receive only a non-exclusive and unlimited license, the right of ownership remains ours, Zontap LLC.

8. Copyright and intellectual property

The entire content of our Website and the Products on www.Startsera.com, as well as all copyrights on them, are intellectual property and belong to Zontap LLC or our suppliers, giving us the right to use them, and they are protected under Law no. 8/1996 on copyright and related rights.

Any content, including but not limited to trademarks, graphics, web graphics, drawings, texts, scripts, static or dynamic images, logos, audio, videos, and any other data, is the intellectual property of Zontap LLC or its suppliers and for any infringement of rights arising therefrom, Zontap LLC reserves the right to refer the matter to the competent courts in order to fully recover the damage created and to file any complaint that may be necessary before the judicial authorities in order to hold the perpetrator liable.

The User is prohibited from copying, publishing, distributing, multiplying, modifying, transferring to third parties, altering, using the Products and any element of their content in an improper manner, as well as, if necessary, removing the copyright marks of Zontap LLC and Startsera on the products or participating in any way in the transfer, sale, or distribution of materials made by copying, modifying, displaying, or reproducing the component elements of the Products, unless it has received Zontap LLC's express prior written consent. Otherwise, Zontap LLC reserves the right to recover any damages suffered as a result of the actions described above, whether direct, indirect, present, or future.

Permission to use the Product provided is granted to a single User, who has the ability to access the account created for this purpose. The account can be accessed by the User, simultaneously, only from one device. When you are granted online access to the material contained in the Product, you are granted a revocable, non-exclusive, non-transferable, and perpetual license to use the Product provided. You are not granted the right to record by video, audio, or other means the content of the Product provided.

The names, images, logos, and trademarks identifying www.Startsera.com or third parties and their products and services are subject to the copyrights, design rights, and trademarks of Zontap LLC and/or third parties. Nothing contained in these Terms and Conditions shall be construed as granting any license or right to use any trademark, design rights, or copyrights belonging to Zontap LLC or other third parties.

The User acknowledges and agrees that neither by submitting the Product provided nor by surrendering the right to access the Product provided, any transfer of any intellectual property rights in the ideas, concepts, methods, graphics, solutions, or trademarks contained in the Product and which are the exclusive property of Zontap LLC or third parties shall take place.

9. Liability and limitation of liability

The content of the Products is not a consultation or training tailored to each individual User, but a guide to education in the field.

The www.Startsera.com Products contain a range of materials, which may be both written and audio-visual and may include illustrated and practical courses, illustrative images, graphics, guides, briefing papers, practical and concrete exercises, access to meetings, coaching, live webinars, interviews with marketing people, access to private groups and other such information.

Zontap LLC has made every effort to produce products that are complete, accurate, and contain real and accurate information on the issues presented in them. However, Zontap LLC makes no representations, promises, or warranties as to the accuracy, correctness, or completeness of the Content of the Products, nor any obligation of result or due diligence with respect to the materials, documents, and/or content thereof, and expressly excludes liability for any cost, loss or damage suffered as a result of the use of the Products, and any expectation that the Product provided will fully meet the needs of each User.

Zontap LLC does not assume responsibility for any person acting on their own as a result of the information contained in the Products provided or the opinions expressed in the courses presented or in the coaching sessions and cannot be held responsible for any and all damages that may be suffered by a User through the use of the Products purchased, the purpose of the Products provided being made known by Zontap LLC through www.Startsera.com.

10. Exception to the guarantee

All information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, and graphical or audio-video presentations) does not impose any obligation on our part and is for presentation and information purposes only.

The User understands, accepts, and agrees that in the case of electronic or digital Products that require immediate access, the User shall not benefit from any legal guarantee, in accordance with the provisions in force.

11. User's right of withdrawal/refund

Non-existence of the right of withdrawal

The User understands and accepts that the right of withdrawal is not automatic. By accepting these Terms and Conditions, the User gives his/her prior and express consent and confirms that he/she is aware that he/she will lose the right of withdrawal, in accordance with the legal provisions in force applicable to contracts concluded at a distance, as well as with regard to consumer rights in contracts concluded with professionals, also contained in GEO no. 34/2014, which provide that the provision of digital content, which is not delivered on a tangible medium, is exempt from the right of withdrawal.

However, Zontap LLC may decide, at its sole discretion, to refund certain sums of money, in whole or in part, in particular cases and in compliance with the conditions mentioned, but this does not in any way entail liability or obligation to proceed in such a way on a constant basis.

12. Data protection and privacy

The parties declare that they are aware of and comply with Romanian and European legislation on the protection of personal data in the conduct of economic activities, including, but not limited to, European Directive No 95/45/EC on GDPR Regulation No 679/2016, as amended.

Matters relating to the privacy and processing of personal data, at the time of placing an Order and purchasing the Product supplied, as well as in the event of entering into other agreements or contracts, are governed by the Privacy Policy, which forms an integral part of and supplements these Terms and Conditions. Please read the entire Privacy Policy carefully.

Some of the purposes for which www.Startsera.com collects data or asks the User to provide personal data may be: a) to make possible the delivery of the Products ordered; b) to confirm the Order; c) to inform Users about the status of the Order; d) to conclude other agreements, contracts or collaborations; e) to fulfill legal obligations; f) to provide responses to notifications, complaints or claims made; g) marketing and advertising purposes; h) purposes of monitoring sales and User behavior and others.

www.Startsera.com informs Users that certain information concerning their personal data may be disclosed, upon request and within the limits provided by law, to various authorized State bodies, such as public prosecutors, police, courts, and others.

By accepting these Terms and Conditions, the User declares that he/she accepts that his/her personal data may be included in the database of www.Startsera.com and expressly agrees that his/her personal data provided may be stored, used and processed for the purposes and within the limits set out in the Privacy Policy, by www.Startsera.com and its collaborators, as well as other entities in the country or abroad, on the basis of a confidentiality commitment on their part and in compliance with the relevant legislation.

The parties undertake and guarantee to maintain the confidentiality of the Confidential Information made available, including for their employees, agents, and collaborators, to prevent its disclosure to unauthorized third parties, and to use it only for the purposes envisaged in this document. An exception to these provisions is the use of data for purposes authorized in advance and in writing by the Parties and subject to the terms established by them.

The Parties agree that all inventions, know-how, business, commercial, Product performance, technical and financial information, or any information specifically designated as confidential or which may reasonably be considered to be confidential, without being expressly so marked, disclosed by either Party to the other Party constitutes Confidential Information and belongs to the disclosing Party.

This section does not cover and is not considered Confidential Information, information that:

1. is or has become public without any intervention by either Party;

2. is made available to the Parties on a non-confidential basis from external sources and has not been subject to a prohibition on disclosure;

3. is known to one Party prior to the disclosure of the information by the other Party and without any obligation of confidentiality;

4. is required by and with the permission of the law, in the course of certain judicial proceedings, by various competent bodies having jurisdiction in the matter.

The User confirms that it will not disclose the Confidential Information and/or the Product Content to any other person, unless it is necessary for the performance of certain obligations, unless it is obliged by applicable law to disclose. Otherwise, Zontap LLC reserves the right to claim against the User for the recovery of any damages caused as a result of unauthorized disclosure.

13. Notifications, complaints, and referrals

The User expressly accepts that all communications and notifications made under or in connection with this Agreement will be mediated by electronic mail to the address communicated by the User at the time of placing the Order or by using the messaging systems on the social media pages belonging to www.Startsera.com and the User with whom the communication is made.

The User has the possibility to make notifications, complaints, and claims regarding the Order placed and/or the Product delivered, at the following e-mail address: contact@startsera.com. Complaints made will be dealt with by ZONTAP LLC within 30 (thirty) days of receipt.

Proof of communication on our part can be made by simply proving that ZONTAP LLC sent the communication to the User.

14. Force majeure

Neither party shall be liable for failure to perform on time and/or improper performance, in whole or in part, of any of its obligations under these Terms and Conditions (other than payment of the Price) if the failure or improper or late performance was caused by force majeure. Force majeure, as an unforeseen event beyond the reasonable control of either Party, as defined by Romanian law in force, includes, but is not limited to, acts or deeds of government or public or local authorities, pandemics, state of war, acts of terrorism, natural disasters, nuclear accidents, acts of hackers or internet service providers.

If within 15 days of the occurrence of the event in question, the Parties shall have the right to give notice of termination of the contract by the operation of law, without any further formality, without the intervention of the courts, and without either of them claiming damages from the other.

15. Termination of the Agreement

Obligations and liabilities of the Parties which have become due or which have been performed prior to termination shall survive termination. These Terms and Conditions shall be effective unless and until such time as either Party elects to terminate the Agreement.

You may request termination of the Agreement at any time by giving us notice that you no longer wish to use the Products purchased and/or use our Site.

If, in our reasonable opinion, we discover that you have, or we suspect that you have, failed to comply with any term or provision of these Terms and Conditions, we may refuse you access to the Products supplied and may terminate this agreement.

In the event of termination of this Agreement and these Terms and Conditions for any reason, the liability and limitation of liability, warranty disclaimer, intellectual property rights, and confidentiality provisions shall survive.

16. Assignment and transfer

All products supplied by us under these Terms and Conditions are of nominal value, are personal to you, and may not be transferred or assigned to any other person.

Zontap LLC has the right to assign these Terms and Conditions to any other company without prior notice.

Zontap LLC reserves the right to transfer, assign, encumber, sub-contract, or otherwise dispose of the Contract or any of its rights and obligations arising under the Contract to any third party in its sole discretion.

17. Applicable law and jurisdiction

Ø This Agreement, the Terms and Conditions set forth herein, and the entire contents hereof, shall be governed by and construed in accordance with applicable Romanian law.

Ø These Terms and Conditions, as well as their content, comply with the relevant legislation and consumer protection rules, meaning that they have been drafted by taking into account Law no. 365/2002 on e-commerce, Law no. 296/2004 on the Consumer Code, Government Ordinance no. 21/1992 on consumer protection, Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain regulatory acts, and GDPR Regulation no. 2016/679 on the protection of personal data.

Ø The parties agree that any disagreements or disputes arising in connection with the agreement concluded shall be settled amicably.

Ø To the extent that the resolution of disputes by amicable means is not possible, disputes that may arise from any procedure, misunderstanding, or request of the Parties and/or that may arise from the relationship between the Parties, contractual or otherwise, shall be submitted for resolution to the competent Romanian courts of law.

18. Newsletter

The user has the possibility to subscribe to receive the Newsletter from www.Startsera.com. By subscribing, she/he expresses her/his express and full consent to receive periodic e-mails.

The User has the right to withdraw his/her consent to receive the Newsletter at any time, without any further obligation, by clicking on the unsubscribe/unsubscribe button which is included in each newsletter or by sending an e-mail to this effect to contact@startsera.com.

19. Miscellaneous final provisions

● Amendments to the Terms and Conditions

You can consult the latest version of the Terms and Conditions on our Website at any time by visiting the relevant page. We reserve the discretion to update, modify or replace any part of these Terms and Conditions by posting updates and changes on the www.Startsera.com website.

It is the responsibility of any User to periodically check the www.Startsera.com Site for changes. Your continued use of or access to our Site www.Startsera.com or the Products provided, following the posting of any changes to these Terms and Conditions, constitutes your express acceptance of the changes.

● Validity of the agreement and nullity

These Terms and Conditions constitute the entire agreement between you and Zontap LLC with respect to the Product purchased and supersede all prior or contemporaneous oral or written communications regarding the subject matter covered by the Product purchased.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the Party that drafted this document.

If any provision or clause of these Terms and Conditions shall be held to be, in whole or in part, void, invalid, unenforceable, or illegal, such provision shall nevertheless be given effect to the maximum extent permitted by applicable law, and the validity or effect of the remaining provisions shall not be affected.

● Links to our website and other websites

Submissions to our Site www.Startsera.com are permitted, but subject to appropriate online conduct, and at least the following conditions:

1. fairly and lawfully;

2. without the suggestion of any form of association, recommendation, or endorsement on our part, where none exists;

3. without calculated or intended damage to our reputation or unfair advantage.

The incorporation of our Site www.Startsera.com on other websites is not permitted without the express prior written consent of Zontap LLC.

It is forbidden to link to our Site www.Startsera.com from any site that blatantly violates people's rights, promotes violence, discrimination, or illegal activities, or has explicit sexual content.

www.Startsera.com may include links to other websites on the Website. However, unless expressly stated otherwise, the linked sites are not under the control and responsibility of www.Startsera.com (Zontap LLC).

www.Startsera.com (Zontap LLC) does not in any way assume or accept responsibility for the content of third-party sites to which it may link from time to time. The inclusion on our Site of a link to another website is for informational purposes only and does not imply any endorsement of those sites or those who control them.

● Consumer protection

As mentioned above, Zontap LLC acknowledges and accepts the rights of consumers and declares that it has taken into account the relevant provisions at the time of drafting these Terms and Conditions and making the Products provided available to the User.

For situations that may be related to consumer protection, the User can access and check the information found on the website of the National Authority for Consumer Protection (ANPC), https://anpc.ro.