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Terms and Conditions

Last updated: 01 May 2019


Terms of Use

Please read these “Terms and Conditions” carefully before you start to use our website, as these will apply to all the users of our website. We recommend you to print a copy of this for future reference.

By using the website www.railaction.com, you assume total acceptance of the “Terms and Conditions” set forth below. When accessing or using this website, users agree to comply and be bound by the following Terms and Conditions of use. If you disagree with any part of these terms and conditions, please do not use our website. These provisions are general and apply to all relationships between www.railaction.com website and its users.

Definitions

<RailAction, Site> – refers to our websites (e.g. https://www.railaction.com domain and/or its subdomains) and its administrators or operators;

<user> – any person who accesses and uses the website www.railaction.com and any legal entity that the website represents;

<Agreement, Regulations of Use, Terms and Conditions> – indicate this present contract;

<seller> – the user who offers for sale a product/service through adding ads on the website www.railaction.com;

<buyer> – users who buy a product/service through the website www.railaction.com.

Acceptance of  “TERMS AND CONDITIONS”

www.railaction.com services are offered only to users who agree to the “Terms and Conditions”. The use of the site implies acceptance of all the “Terms and Conditions” of use. Also, by accepting these “Terms and Conditions”, the registered user agrees to receive regular information (including newsletters) on the email address used for registration on www.railaction.com and also to allow the website to process the provided data. The user will have permanent access to the “Terms and Conditions” for the use of the Site, which can be consulted at any time. If the user does not agree with the conditions imposed, he must immediately cease using the Site.

We mention that our Site is dedicated to companies but when using the services offered (e.g.: registering an account, posting an ad, using the contact form), the legal representative can provide certain personal data, such as first name and last name, email address, phone, etc. Also, given that the website is an online application, it could also be accessed by individuals. For this reason, it is necessary to read carefully here our “Privacy Policy” which is part of these “Terms and Conditions”.

The user agrees that when transmitting/cessions/redirecting/reposting ads/materials from the Site to any third party the “Terms and Conditions” set by the third party will become applicable in this place.

Also, under some circumstances, the user agrees that the Site operator will have the right to delete/modify, totally or partly, any ad or other material posted on www.railaction.com, even if their period of validity has not expired.

The user also agrees that the Site administrator has the right to close the website at any time, temporarily or permanently, without being held liable for prejudice, moral or any other kind of damages.

Description of services

www.railaction.com is a website for online ads, specific to railways, and it is addressed to legal persons (companies). Free ads from various fields may be published here and ads published by other users can be also found. As well, our Site offers to interested companies the possibility of posting advertisements on any page of the website at various sizes. Also, for more views and therefore for a quicker sale of your products/services, our Site offers the opportunity to promote announcements so that they appear alternatively on the top of the page in that category, ahead of other ads posted in the gallery,  in the space dedicated to promoting. Please note that the featured ads, regardless of the category to which they belong, are displayed on the main page of the Site, dedicated to promoting space.

To publish an announcement on www.railaction.com, you must first create an account, which will provide the information about the company you represent. Since the user is a registered company, using www.railaction.com means that the user has authority of the company to submit to this agreement and thus the company is directly responsible for all data provided and respectively for its activity on the site.

Because the ads are published instantly, without prior approval, the team of RailAction reserves the right to correct them later. If the content and truthfulness of advertisements posted by users do not comply with the “Terms and Conditions” published on the website, we reserve the right to remove any non-compliant ads. In addition, the Site reserves the right to suspend, correct, add or remove any portion of its content.

Ad promotion is available only to users who have purchased one of the membership packages offered by www.railaction.com in the “Pricing” page. The membership packages can also be found on the “User Dashboard” where, on the “Upgrade Plan” section, you can choose the appropriate package. The promotion is valid for one or more ads for the specified number of days. The Promotion Package cannot be transferred to an already published announcement, but it can be used by new ads promoted in any of the available sections of the Site. The amount paid for a featured ad and rejected because of any non-compliance to the present Regulations cannot be imputed to RailAction. You’ll be able to access the facilities package for featured ads only from your account.

To purchase other promotion packages (banners, etc.) it is necessary to contact us by e-mail for further agreements.

Payment of related featured ads is made only through PayPal.

Why have we chosen PayPal services? This company is number 1 worldwide in online transactions, concerning security and confidentiality of its transactions. The service offered by this company is widely adopted by millions of users and traders. In addition, there are many online traders that are not reliable. If you reveal information about your credit card you can expose yourself to a high risk. Instead, if you use PayPal, you can preserve your confidentiality related to your bank card information. PayPal keeps that information secret. By using the website’s payments from your PayPal, you minimize the possibility of fraud to the detriment of the user. Through this service, you make sure that provided information remain secret and you can easily pay using only your e-mail and password. It is important to note that this operation does not entail any extra tax, as money transfer is itself a payment online, with 0% commission.

User Login/Customer Account

You have the option of setting up a customer account on our Site. In the password-protected area of the customer account, you can easily manage your posted ads, your favorite ads, or your account data.
Fields marked with (*) are required (email, login name, password) in order to create a customer account.

Only company data you represent is entered. The fields required to create the customer account, are only used to implement and process your user account.

After creating an account on the website, you can voluntarily enter additional data relating to your company. These data are used both for creating invoices and to automatically pre-fill your information during future service acquisitions.

By accessing your dashboard, you can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit this information.

Only the data you explicitly provided is sent to our website.

Data Security

Please note that we never ask for credit card numbers or other information associated with them. Your payments for our services are made through PayPal and they have their own security measures.

All transmitted data are encrypted and thus transmitted safely on the Internet. A symbol (closed padlock) in the bottom bar of your browser window indicates that you are in a secure area. We use the SSL/HTTPS protocol throughout our Site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.

Your personal data is very important to us and we want to ensure the appropriate security of the data during the processing operations. In this respect, RailAction implements technical and organizational measures for protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

We have implemented a number of security measures on the Site. The IP address of visitors, user ID of logged in users, and username of login attempts are conditionally logged to check for malicious activity and to protect the site from specific kinds of attacks. Examples of conditions when logging occurs include login attempts, log out requests, requests for suspicious URLs, changes to site content, and password updates. Also, this Site is part of a network of sites that protect against distributed brute force attacks. To enable this protection, the IP address of visitors attempting to log into the site is shared with the services providers.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Data collection and processing

Please read our “Privacy Policy“, which is part of these “Terms and Conditions”.

Newsletter

If you subscribe to our newsletter, your email address provided will be used for marketing purposes, until such time as you unsubscribe from the newsletter. You can unsubscribe at any time by emailing office@railaction.com or by using the opt-out link in the advertising email.

Copyright

The content, design and website database collected from users are www.railaction.com property and are protected by European legislation in force, in respect of copyright and related rights. This information may not be published, transmitted, copied by any means without written permission of the administrator of www.railaction.com. The user also agrees that any and all used materials posted on this website, including any and all economic rights in connection therewith can be transmitted, transferred by www.railaction.com to any third party and/or routed website by any third party including posted/reposted on any third party website, the website operator keeps the right at his sole discretion, to continue posting or not on the web, so in this case, the user’s consent is considered to be given to www.railaction.com acceptance of the “Terms and Conditions”. The user agrees that he has not and will have no claim whatsoever on the transmission/release/blocks/post/reposting materials/ads operations which could be performed.

The content of the Site can be used exclusively for personal purposes. Any use other than personal purposes will be made only with the prior written consent of www.railaction.com.

It is strictly forbidden to copy, duplicate, partially or fully sell the website content.

Maximum two paragraphs can be reproduced on other websites only if the source and link are specified to our Site, in the following format: Source – www.railaction.com, having a prior written consent of www.railaction.com.

Users who send information to www.railaction.com undertake not to infringe in any way copyright which a third party would hold and they implicitly accept their liability for their total infringement.

Regulations of Use

The responsibility for all the announcements or any other postings on www.railaction.com lies mainly and strictly on the user. Also, the user is directly responsible for any consequences of his posts on the website.

Thus, when the user posts any types of ads or materials on www.railaction.com, he instantly states, supports and also guarantees that he holds all copyrights for the post, regardless of its nature.

By posting an announcement on the Site or any other material, the user agrees to grant a non-exclusive license to www.railaction.com (within the meaning of the transfer for the rights of the author) while using the website, which is irrevocable, in any State, during the whole period of protection of the rights, for any way to use the rights of the posted material/announcement posted (including images). The user also agrees that all his posts on the Site (including images), as well as his property of the copyright of his products, may be transmitted/transferred/forwarded/posted/reposted by www.railaction.com to any third party; the user`s consent is considered to be given by accepting the “Terms and Conditions” to www.railaction.com and also, the user states and agrees that it has not and will not have any claim of any nature regarding to the uploaded posts.

The user agrees not to post materials whose content is contrary to law. Abuse is punished by blocking the access.

Limitation of Liability

RailAction features and services are provided in limited availability. Therefore, we cannot provide guarantees for the well functioning of the Site, quality or performance, and durability. Also, the Site offers no warranty with regard to the accuracy of the posted data by the users. Also, we cannot guarantee the success of the ads or any other posts or number of their views or accesses.

Regardless of the situation or circumstances, www.railaction.com and/or its administrator will not be liable for any direct, indirect, etc., or consequential damages arising from any use or operation of the site (e.g.: errors, mistakes; inaccuracy of the content; injury or damage of property or of any nature, arising through your access to the website and services; any unauthorized access or use of our secure servers or any information stored in them; any loss or damage incurred as a result of the use of any posted content posted, emailed or made available via the website). This limitation of liability will apply to the extent permitted by law in the applicable jurisdiction.

RailAction does not guarantee in any way for any product/service offered or presented on the site. The decision to perform or not a transaction lies strictly on the user.

Since the Site access is not restricted and it cannot provide a guarantee regarding the accuracy of the entered data, hence RailAction recommends all users to carefully check potential sellers/buyers/partners and to secure all safety precautions before performing a transaction.

Our Site cannot be held responsible for any transaction carried out through the website.

The civil and/or criminal liability for published and/or transmitted information by the user, and for the consequences that may result from these activities, returns exclusively to the user.

By using www.railaction.com the user confirms the website administrator`s rights and expresses his acceptance of the “Terms and Conditions” and by accepting them, the user gives up to any claims of any nature in connection with the use of the website under this Agreement.

Jurisdiction Clause

The rights and obligations of all parties mentioned in this Agreement and all legal effects they produce are governed by the law in force from the State where the Site owner is registered, regardless of conflict with other laws.

For any conflict parties will make use of all the possibilities of amiable conciliation, closely following the regulations in force, and in case of a comedown of the conflict or in the absence of a reliable solution, the parties will resort to the competent courts.

By visiting the Site, you agree that the laws of the State where the website owner is registered, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between the user and railaction.com related to the use of this website. Any dispute related in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the State where the Site owner is registered or courts located at the domicile of the Site owner, and you consent to exclusive jurisdiction and to the venue in case of a possible dispute at law.

Termination

We may amend this document about our “Terms and Conditions” from time to time without noticing You but, we will publish the amended version on the Site (footer). We shall not be liable to You or to any third party for any changes to this document from time to time. It is your responsibility to check regularly in order to determine whether this document about our “Terms and Conditions” has changed. You can ask us for a copy of this document and of any amendments by emailing us through the “Contact” page from our Site.

The Site reserves the right to terminate its services to any user, in case the user has violated any provisions/conditions mentioned above.

Also, the Site reserves the right to terminate/restrict its services at any time, without prior notice to its users.

Final Provisions

This Agreement constitutes the entire agreement between the user and www.railaction.com concerning the access and use of the website, being superior to any prior written or verbal agreement concerning the same subject. Contractual parties are independent entities and thus, by this Agreement, they do not create any relationship, such as the association, franchise, etc.

Given that one or more of the provisions contained in this Agreement is void or unenforceable, that provision shall be canceled and this will apply to the other remaining provisions.

If you do not agree with the contents of this Agreement, please do not register on www.railaction.com and do not use its services and information. Please check if this Agreement has been modified on your each return on the www.railaction.com. If you find any changes/additions which do not comply with your wishes, please do not use this website, because your further use means your acceptance of this Agreement.
www.railaction.com has the right to modify the content of the “Terms and conditions” of use at any time, without prior notice to the user.

The section titles in this Agreement are for reference only. They do not define or limit, as not necessarily describe the purpose or scope of that section.

RailAction does not ask for, neither stores nor knows your credit card information.

The Site users have the possibility to notify the supplier about apparently illegal activities carried out by another user of the site that is connected to the provided services. The notifications will be sent through the contact form found in the “Contact” page or by email at office@railaction.com.

Such notices will be examined by the supplier and will be answered within 30 days of receipt.

Contact

In order to contact us, please use the following:

– E-mail: office@railaction.com

– Contact form found in the “Contact” page on www.railaction.com

If you have any feedback, comments, or questions relating to these “Terms and Conditions” or the Site, please do not hesitate to contact us.

Regulation on the publication of ads

Posting on www.railaction.com:

  1. You can post an unlimited number of ads, which can be free or promoted ones (featured), given that your company has created an account on www.railaction.com and has purchased one of the offered Membership Packages;
  2. The validity of the posted ad depends on the chosen Membership Package (see “Pricing” page). For more views and therefore for a quicker sale of your vehicles, RailAction offers the opportunity to promote announcements so that it appears in the same time on the top of the page of that category, ahead of other ads posted in the gallery, into the space dedicated to promoting. The ads can be posted after the fee payment. Also, you can post some ads for free;
  3. The payment for promoting your ads is made only through PayPal. To purchase other promotion packages (banners, etc.) you should contact www.railaction.com via “Contact” page for further arrangements. RailAction offers to interested companies the possibility of posting advertisements on any page of the website at various sizes;
  4. Your ad can promote only products that are specific to the Site. Great attention should be paid to framing the announcement in the appropriate category, because otherwise it can be removed;
  5. RailAction constantly improves and thus if you feel that your given product cannot be assigned to an existing category, you can ask for their extension. Notification to this issue must be made by email by filling the contact form (“Contact” page). Expanding the categories/subcategories can be made only by the Site after analyzing notification and whether the proposal fits the purpose or the domain of the website;
  6. You may use capital letters while filling in the gap about the ad (title, location, description, company representative), but do not use them for filling in your e-mail;
  7. To post an ad, you must go to the “Ad Your Item” button. In the posting page, you must pay a special attention to the recommendations;
  8. Only the ads that fit into categories related to the Site will be taken into consideration. The ads that do not fit to the purpose or the domain of the Site will not be posted;
  9. The incomplete or unclear ads, namely the pictures that do not reflect the company or the offered product will not be accepted and will be deleted after being posted;
  10. Section “Price” in your ad can be (or not) completed with the actual amount of money. Please do not use the currency sign at the registration of the amount of money of product (just 123). The currency used and posted on the Site is EURO or USD, depending on the setting made by you on the website;
  11. The products offered by users must comply with applicable laws and regulations;
  12. Concerning the requested location when completing the related fields of your ad, you should mention the place where the offered product can be found. We mention that the location you entered in the announcement may be different from the area your company was registered, or it may be the same. However, given the importance of this box, we highly recommend you to mention the location in your ad, because it will be found much faster by a user interested in, being detected on the map which specifies that category;
  13. By uploading any material on the Site you warrant that you have the necessary rights of copyright on them. The added images must be unique and should reflect your company or the provided product;
  14. There must be posted only the ads that suit the categories related to www.railaction.com. The ads that do not fit the purpose or the domain of the Site will not be accepted. Regarding the nature of the announcement, it will be deleted as soon as any of the following elements will be noticed: pornographic or obscene character, vulgar language, or illegal, immoral, threatening, abusive, defamatory information, etc;
  15. RailAction is not responsible for the veracity of the ads, this being entirely responsibility of the user;
  16. The Site reserves the rights to remove or edit any ad, if the rules of publication have not been respected, without prior notification, or without justifying its reasons;
  17. Any abuse or failure to follow these rules can be punished with deletion of the ad and/or deletion of your account;
  18. Whether a user is dissatisfied with the Site services, the user should contact the website administrator and we offer 7 days money back guarantee since the date you purchased a Membership Package. During this period, you can cancel your subscription, and we will refund all your money. To get the refund it will be enough to send a confirmation email to office@railaction.com from your email registered on the Site. The ads and company section will be canceled, too.

Any sum of money, which was paid by the user for the Membership Package, is not refundable in case of breach of these Regulations of use.

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