Terms and Conditions

The following terms and conditions were put together to help users better understand how their use of this website associated with the domain name nearfish.app (the “Website”) will be governed.

The Website is owned and operated by Conacel Elena-Cristina PFA, an entity registered and functioning according to Romanian laws, with its headquarters in Cândești Village, Cândești commune, Buzău county, Romania, registered with the Trade Registry under no. F10/617/2017, fiscal identification code 38568939 (“NearFish”).

Your use and access of this Website indicates you understand and accept these Terms and Conditions. If you are unsure about the meaning and/or effects of any clause contained in these Terms and Conditions, please reach out.

1. Ownership and Property Rights

Using this Website does not grant you any ownership or interest in any content, visual interfaces, graphics, design, compilation, information, computer code, products, software, services and all other elements you may access from the Website.

2. Personal data about you

In the course of your use of the Website, you may be asked for personally identifiable information (“Personal Data”) or such data may be collected from you indirectly, while you are using the Website. Our Privacy Policy provides the type of data we collect and process, for what purpose and for how long, as well as who can access such data (including third-parties) and how you can exercise your rights, according to provisions of European personal data laws in force. You are solely responsible for the accuracy and content of this user information. There are different types of personal data that is collected about you, based on your use of the Website as a visitor or a registered user.

3. Third Party websites

In the course of your use of the Website, you may be re-directed to third party websites. We have no responsibility for the content or information provided by or through third party websites even if they are affiliates of ours.

Linking to third party websites does not imply our endorsement of that web website. We disclaim any liability for links to another website.

5. Limitation of Liability

You agree to indemnify and hold harmless NearFish and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to:

  • (i) your use or misuse of the website (including your use or misuse of Third Party Content);
  • (ii) your breach or other violation of these Terms including any representations, warranties and covenants herein;
  • (iii) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights.

6. Exclusion of Warranties

The NearFish content, or any other product, service or information provided by NearFish, user content, third-party content, and any other software, services or applications made available in conjunction with or through the website, are provided on an "as is", "as available", "with all faults" basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.

To the fullest extent permissible by applicable law, NearFish hereby disclaims all warranties of any kind, either express or implied, including, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, with respect to the products or services provided by NearFish.

7. Notices

NearFish instructors may provide you with notices by e-mail related to your activity and/or your account. You can opt-out of all newsletters at any time, by following the steps described in the footer of any e-mail you receive from us as a result of you subscribing to the newsletter.

8. Refunds

Refunds will only be administered if subscriptions are deemed to be faulty or not as described on the product page. To request a refund, please contact support and specify exactly what the issue is with the subscription. The support team will then investigate to determine whether or not the subscription was faulty and not as described.

Unfortunately, due to the nature of digital goods, refunds cannot be processed until it has been determined that the subscription is faulty.

9. Governing Law

This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms & Conditions or its formation shall be governed by and construed in accordance with Romanian law.

10. Modification of the Terms

NearFish reserves the right to update or modify the Terms & Conditions at any time without prior notice, and such changes will be effective immediately upon being posted on the website. These Terms will identify the date of the last update. In the case of material changes to the Terms, NearFish will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the website, or other similar mechanism.