Terms & conditions
Please read this document carefully before using our products.
Please note that before accessing our website and using our products you will be asked to agree to our terms. If you refuse to accept these terms, you will not be able to use any products/services from our website because we cannot conclude a contract.
1. Company details
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Name |
SIMBITWORLD SRL
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Headquarters |
BLD. REGELE CAROL I, NR.39, CAMERA 1, Targoviste, Dambovita, Romania
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Tax registration code |
RO40098197
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Registration number at the Trade Register |
J15/1328/2018
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simbitworld@gmail.com
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Website |
https://www.simbitworld.com
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Applications (Our Products) |
A Pilot’s Life (APL V1) A Pilot’s Life – Chapter 2 (APL V2) A Random Flight Generator (ARFG)
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We can also be identified under the brand name “SIMBITWORLD” or other application`s components names such as “A Pilot`s Life” or “APL” or “APLV2” - in this whole document we will refer to us under the name of “Organization”, “Seller” or “Company”.
We are a Company that offers its products through the third-party platform https://secure.simmarket.com/ (hereinafter referred to as “The Platform”) owned by simFlight GmbH (henceforth “SIMMARKET”).
The website https://www.simbitworld.com (hereinafter collectively referred to as “Website”) is a website that describes our products which are sold through the sales platform of simFlight GmbH.
All the tools made available to our users or customers, including the Site, the media / social media pages, but not limited to Facebook, Instagram, LinkedIn, Twitter, Discord, or any other media or tools which connect you to our products have as purpose making the application available to our customers (hereinafter referred to as “Media”).
2. Definitions
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User |
The person accessing the Website / the Application with private or professional purposes, who accepted these terms, looking for/is interested in one of our products or who is testing the Application is called User.
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Buyer |
When placing an order on the Platform the User becomes our client or buyer because he/she enters in a commercial relationship with us (“Customer”/ “Buyer”).
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Order |
Means an order placed by the Customer through the Platform through which the Customer expresses its commitment to purchase one or more Products, under the conditions provided in this document and/or agreed with the Platform through a means of distance communication.
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Contract |
Means the agreement between the parties - Seller and Customer – remote, in the Platform regarding the sale or purchase of one or more Products, by launching an Order by the Customer and only after accepting it by the Platform, expressly, in addition to the automatic technical takeover of the online order, in compliance with legal provisions and these terms and the conditions. To remove any doubt, any contractual relationship between us, the Company, and a User who tests the Application and/or creates an account on the Application is also considered a Contract, therefore any TESTER is subject to the terms and conditions of this document.
The present contract is concluded in Romanian language and is governed by Romanian law. Should any discrepancies arise between Romanian and English provisions, the provisions in Romanian language will apply with priority.
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Transaction |
Means the payment operation performed by the Customer, respectively the collection by the Platform and afterwards the Seller, of a sum of money as a result of the sale by the Seller, respectively the purchase by the Customer, of one or more Products.
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Products |
Means any goods / services that are offered through the Platform or our Website or by other means, including access to the Application, regardless of the version, for a fee or for free, to the Customer. Our products target, but not limited to, individuals. By analogy, there are also considered Products any goods / services / access to the Application, regardless of the version, offered to the testers.
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The Application/ The App |
The applications currently being developed are: A Pilot’s
Life (APL V1)
The Company sells the applications through simFlight GmbH platform (https://secure.simmarket.com/) which at current time is the main platform for delivering our products but not limited to it.
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Media |
All the tools made available to our customers, including the Website, the media / social media pages, but not limited to Facebook, Instagram, LinkedIn, Twitter, Discord, or any other media or tools which connect you to our products have as purpose making the application known to our customers.
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Affiliates/ Partners |
Any entity to which SIMBITWORLD SRL enters a contractual relationship for the purpose of delivering Products to the final consumer, the natural person (e.g., but not limited to suppliers, subcontractors, collaborators etc.)
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This document establishes the terms and conditions applicable to the relationships that arise between our Company and each Customer who uses the Platform/ App / Website for the purpose of placing an Order, during or after placing the Order.
Also, this document may apply to the relationship between the Company and any User of the App such as, but not limited to, any tester of the App.
Information published on the Website or on the Platform are general information about us, information about Products sold by us, and other information considered to be of interest to Users. Information is made available to Users for free. Our company is the owner of all intellectual property rights of the website, its design and content. The User is obliged to comply with all intellectual property rights of us, under the laws in force. The User agrees to access and use the Website and the App for purposes and in ways that do not constitute a misuse.
The Company reserves the right to modify and prohibit access to temporarily or permanently block any part of the Website/App or any information contained therein, without assuming the obligation to notify Users. These changes will take effect upon their publication on the Website.
3. Orders
Every time you order Products from us, the terms in force at the time of your order will apply to the contract between you and us. These terms apply to you as a consumer, which is a private individual.
After you place an order, you will receive an e-mail from the SIMMARKET Platform acknowledging that it has been received. However, please note that this does not mean that your order has been accepted.
The entire ordering process, including but not limited to order acceptance, payment, credit, or debit card details are handled by the SIMMARKET Platform or their partners and affiliates.
Each order placed on the Platform will be assigned a unique order number and serial number, that can be used to track and identify it.
When registering an Order on the Platform, the Customer implicitly agrees on the manner in which SIMMARKET will send him the details related to the order.
Currently, we do not accept the placement of Orders outside the Platform (such as through social media, by phone or by e-mail).
We inform you that to make the online payment possible we collaborate with SIMMARKET who further collaborates with an outsourced payment processor, which acts as a separate entity (third party). In the case of online payments, we are not and cannot be held responsible for any other costs in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees charged by the bank if the currency of the card differs from the currency in which the sale is made.
We may cancel an Order placed without incurring any liability on our part in the following cases:
· we reserve the right to restrict the access to the App or the processing of an Order if, in our reasonable opinion, there are suspicions of fraud, if this is such behavior that may harm our interests or of our Affiliates / Partners or if you misuse the App / The Website.
· the online payment processor we work with does not validate or invalidates the transaction (e.g.: there are insufficient funds or for other reasons, according to the processor's policy).
· the bank does not accept the Transaction.
· the data provided for payment is incomplete or incorrect.
· any of the terms and conditions of this document have not been followed exactly.
4. Right of withdrawal and refunds
Please note that most of our Products represent Products for which the law does not oblige us to offer a right of withdrawal and, implicitly, nor the return of the amounts of money already paid as a result of the Transaction. Our products represent: digital tools (access based on username and password) for which you expressly agree that the amounts paid will not be refunded after the cancellation period has ended.
The customer has the right to cancel this contract and to request for a refund within 14 days without stating reasons. The cancellation period amounts to 14 days from the SIMMARKET specified order date.
Please note that the entire refund process is handled by the SIMMARKET Platform.
Any promotions presented will also be subject to the terms and conditions applicable to that campaign or promotion. If no duration is indicated for the promotions, they will be valid within the limits of available stocks / places.
Testing the App. Each time you test our Application, the terms and conditions in effect at the time of order will apply to the contract between us. These terms apply to you as a consumer, i.e., an individual.
5. Products
All information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on the Seller´s behalf, these having exclusively the role of presentation and information.
Our digital products are original and protected by copyright. The trade names, trademarks, copyrights, and any other intellectual property rights relating to Products are and will remain the exclusive property of ours or their respective owners. The Customer will have no rights or claims regarding them.
Products purchased from us may not be resold or distributed for commercial purposes, being intended for personal use.
We have the right to update the prices of the Products at any time, and such an update will replace any previously displayed prices for those Products.
The price and payment method are specified in each Order. The selling price of the Products is the one in force at the time of placing the Order.
6. Fraud
SIMBITWORLD SRL does not request from its customers by any means of communication (e-mail / telephone / SMS / etc.) information regarding confidential data such as accounts / bank cards or personal passwords. This kind of information such card number is requested by the payment processor only at the time of online payment.
7. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event. Force majeure is an "event outside our control" or an unpredictable event, beyond the control of the parties and which cannot be avoided. An "event outside our control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an event outside our control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you. Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
8. Restrictions of use and limitations
The user shall use the Application strictly in accordance with these terms and contract and shall not:
· decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application.
· make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application.
· violate any applicable laws, rules, or regulations in connection with the user’s access or use of the Application.
· remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the Application.
· use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
· install, use, or permit the Application to exist on more than one device at a time or on any device or computer.
· distribute the Application to multiple devices.
· make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time.
· use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company.
· use the Application to send automated queries to any website or to send any unsolicited commercial e-mail.
· use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories, or devices for use with the Application.
· use the Software in any way which breaches any applicable local, national, or international law.
9. Liability
You agree to indemnify us against any breach by you of these terms and any claim or claim made against SIMBITWORLD SRL by any third party, including and without limitation any actions, damages, costs, expenses, as a result of the breach by of these terms.
The use of the App/ Website is at your own risk. The information is provided on an “as is” basis in accordance with our brand philosophy, without warranty of any kind. The Products offered for sale meet the legal requirements and the Company makes every effort to provide high quality/performant/tech Products, in accordance with or values.
By entering the App/ Website you acknowledge and agree that your use is at your own risk and that this site, its owners, representatives, employees, or any of the parties involved in creating, producing, or delivering the Website / the App are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind which may arise, in any connection with the access to, the use of, or browsing of this App/Website or in connection with any content, information, data, promotions, activities, associated with this App/Website, or in connection with your downloading of any materials, text, data, images, video or audio. Nevertheless, nothing in these terms shall affect your statutory rights as a Consumer.
You are obliged to keep the username and password related to the Account / Order safe, being the only one responsible in case of their fraudulent use by a third party.
We are not responsible for any damage caused by any technical malfunctions of the App.
If we fail to insist that you perform any of your obligations under these terms, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10. Notifications
The user agrees to receive notifications, pop-up or in any form, regarding the launch of new versions of the application.
You will generally find us at the e-mail address simbitworld@gmail.com for any questions or concerns regarding the Products, and we will try to respond and resolve the reported situation in a reasonable time but this will not mean any obligation from our side to do so.
11. Other important terms
This document represents a legal contract concluded at a distance, accepted by simply ticking it.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
We will all try to resolve amicably any disputes or misunderstandings that may arise. To the extent that amicable settlement will not be possible, disputes will be settled by the Romanian courts from the SIMBITWORLD SRL headquarters.
We may change this document at certain intervals. Therefore, we recommend that you access this page each time you access / place your Order to read the latest version.
Last edit: 05.02.2023
Aspects of privacy and the processing of personal data related to the use, in any form, of the App / Website are governed by the privacy policy / information note ("Privacy Policy"), within this Website, in addition to these Terms and Conditions. The Romanian version of these Terms and Conditions can be accessed here.