GENERAL BUSINESS TERMS AND CONDITIONS
(hereinafter the “GBTC“)
Welcome to users of www.clickeshop.com.
By using the Clickeshop web site and its associated services (hereinafter the “Services”) you as a user of the Services (hereinafter the „User“), agree with GBTC Services, while being aware that they are not concluded in writing. The current version of the GBTC is placed on www.clickeshop.com. In the case of any disputes, only the version available at www.clickeshop.com shall represent the final conditions of the Services.
Contact details of the Provider
1. Operation of Services
ClickEshop portal operated by VISS, s.r.o., active in providing services in the field of software
841 07 Bratislava
ID number: 36 660 248
VAT number: SK20 2222 6459
The Services are rendered and ensured by the Provider of the Services – VISS, s.r.o.(hereinafter the „Provider“) provided that you have full legal capacity to act and this capacity has not been revoked by the court. It is probable that for the provision of the Services we will need your personal data, contact information and further details necessary for the full operation of the Services.
The GBTC are applicable to the use of the Services. By using the Services you agree with the GBTC. If you do not agree with the GBTC, or do not want to be bound by them, do not use the Services.
By using the Services you agree to the following conditions:
2.1. By using the Services you will not disclose or otherwise mediate any information that could be considered defamatory, threatening, harmful, pornographic or otherwise illegal, which would have violated our rights or rights of others or likely to cause distress or other problems. You may not publish opinions that are vulgar, violent, sexist, racist or otherwise offensive or insulting.
2.2. You may not publish or otherwise make available through the Services any material that you do not own or in which respect you do not have property rights.
2.3. You will not copy, download, reproduce, broadcast, transmit or distribute any content through the Services unless necessary for your personal use.
2.4. You will comply with all competition rules.
2.5. You will not engage in any activities which would compromise the operation or safety of the Services or the Provider.
2.6. You will not impersonate any other individual or legal entity. You will not misrepresent their association with other individuals or legal entities.
2.7. You will not misrepresent your relationship between your sites and the Services.
2.8. The Provider reserves the right to place the short text link about clickeshop system on the User pages.
2.9. The Provider reserves the right to update the system
2.10. Domain's availability can be verified through the Provider's website. Information about availability might not always be up to date. If the information displayed on Provider's page wasn't up to date and the User has created an order, the User will be informed of this fact by email. By paying a domain registration fee, the User is not entitled to a domain registration. In case the Provider fails to successfully register the domain, the User has the right to request another domain registration or return the received domain fee. Provider can't return the fee for an already registered domain.The Operator is not responsible for any damages or lost profits that may be incurred in connection with the process of successful or unsuccessful domain registration. The data given in the order will be used for domain registration purposes in partners'databases that the Provider cooperates with domain registration and will be published in publicly accessible domain validation databases. In case that the User, in connection with the registration or use of the domain, violates the trade name or other entity's trademark rights or trademarks, or if the User indicates invalid or misleading data or registration data of another entity, causing damage or infringing the rights of third parties, the Provider is not responsible for this. This responsibility is fully borne by the User.
2.11 The domain on which the project is created during the trial operation (domain: clickeshop.sk, clickeshop.cz, clickeshop.at, clickeshop.de or clicke.it) is provided for testing purposes and familiarization
with the system and it is forbidden to use it for real sale or promotion. Customer who
uses such domain for real sale or promotion bear all the costs
, penalties and sanctions incurred in connection with the use
of this domain. Simultaneously the Provider reserves the right to immediately delete
such project without any refund of paid fee
, compensation of damages and lost profits.3. Price and Payment Terms
3.1. The GBTC between the Provider and the User will enter into force on the day of creating a user’s project or ordering Services.
3.2. The amount of fees is shown at www.clickeshop.com
. For the User who is the VAT payer (VAT registered), the amount of the service fee is the price in EUR excluding VAT, and the User who is not a VAT payer (not VAT registered) represents the amount of the fee in EUR including VAT.
3.3. The Services may be used for 3 months, 6 months or 12 months depending on the particular Services.
3.4. The invoice is due not later than by the expiry of the current paid Services.
3.5. The Services are automatically extended unless terminated by at least 14 days before the end of the for which the User paid the Services.
3.6. By not paying the prescribed fees under the current price list for a further period, the Services are automatically cancelled one day after the period ordered by the User.
3.7. As the User you agree to receive invoices electronically. The invoices will be sent to contact email for which the user has registered the Service. You can request for an printed invoice and sent by post. For this act you will be charged 2 EUR. 4. Third Party Services
4.1. You acknowledge and agree that the Provider is not responsible for the availability of any third party web sites or material published by the User via the Services.
4.2. The Provider is in no case responsible or liable for any content, advertising, products or services available on these web sites.
4.3. Any agreements made between the User and third parties (such as buyers, advertisers or merchants) concluded and operated through the Services, including payment and delivery of products, services as well as other conditions, warranties or representations associated with such relationships, are valid and controlled by agreements between the User and respective buyers, advertisers or traders. Therefore, the Provider is not responsible for any loss or damage incurred as a result of such proceedings. 5. Intellectual Property
5.1. All copyrights, trademarks and other intellectual property rights in all material or content supplied as a part of www.clickeshop.com web sites are the property of the Provider.
5.2. The User rents the Services for chosen subscription period together with space on the server and thus is not the owner of the Services.
5.3. Graphic templates provided free of charge are protected by copyright and may be used only by Users of the system ClickEshop. Images used in the templates are illustrative and are the property of the Provider.6. Responsibility for Information Published on the Services Web Sites
6.1. The User is responsible for material and information published and operated through the Services; the Provider has no liability in this respect.
6.2. The Provider is not responsible for any content posted via the Services or its accuracy, timeliness, credibility, opinions or advice, and published statements. The User agrees to file a complaint against an author of the problematic content and not against the Provider of the Services.
6.3. The Provider undertakes to ensure technical functionality of the Services and to restore without delay the functionality of the Services should there be any errors or failure in the provision of the Services. Unless required by law, we do not guarantee the quality, accuracy or fitness of the use of the web sites operated by the Services for a particular purpose. We do not promise that the material and content published through the Services will always and continuously be available or that the Services will function without interruption, will be free of errors or viruses or will be fully compatible with the software or services of third parties.
6.4. The Provider shall not be liable for any loss or damage caused to the User or any third party as a result of using the Services.
7.1. The Provider complies with actual legal regulations concerning personal data protection under the current legislation.
7.2. In order to use the Services the user must have valid authentication data which is received upon the registration, i.e. after entering a valid e-mail address and other required information. On the basis of this information or accepting payment for Services, a password will be generated to access the Services. This authentication data is non-delegable and the Ordering Party is not entitled to make it available to third parties. You are responsible for all acts performed under your authentication data.
7.3. While creating a user project or ordering the Services User gives the consent for storing and processing the entered data. Information provided is used solely for the need to provide the Services and will not be provided to third parties.
7.4. Access to Services and data stored has only User through the access via an encrypted password known only by the User. The Provider does not have a standard approach to Users' data stored by Service, because the access is encrypted with a password.
7.5. The Provider does not have a User password which is stored in the system only in encrypted form, from which it is impossible to get a password and use it to sign in.
7.6. The owner of data stored through the Services and the person responsible for processing the data is the service User.
7.7 For User's data protection is responsible the service User. The User is therefore obliged to protect the processed personal data from damage, destruction, loss, alteration, unauthorized access and disclosure, disclosure or publication, as well as against any other unauthorized forms of processing.
7.8. User is obliged to take security precautions to protect data, prevent Services passwords from transmission and provide computer equipment used for logging into Services from unauthorized access.
The Services provided are safe. However, when using them, we recommend that you observe at least the following rules:
8.1. Keep your identity anonymous. Do not unnecessarily disclose your full name, address, telephone number, e-mail or other identification data (except for those which we require for the registration purposes).
8.2. Avoid publishing defamatory, offensive or otherwise inappropriate messages which could cause any harm or damage to third parties.
You – as the User of the Services – agree that you will never ask us, our employees or partners to recover any damages for any loss incurred in connection with the use of the Services.
10.1. The Provider reserves the right to immediately and irreversibly suspend or delete User’s web sites operated under the Services if they fail to comply with any provisions of these GBTC.
10.2. The User has the right to terminate the Services without giving any reason. The notice period is 14 days unless agreed otherwise. If the User terminates the Services, he/she is not entitled to any refund of a fee for the prepaid period.
10.3. Any communication between the Provider and the User is realized through contact e-mails.
10.4 User has the right to ask Provider for corrective action if he/she is not satisfied the way the Provider has processed his/her complaint or considers that the Provider has violated his/her rights. If the Provider answers at the user's request negatively or doesn't answer at all within 30 days from the date of dispatch . User has the right to initiate an alternative dispute resolution ('ADR'). ARS form can be solved only disputes from the contract between the seller and the consumer and disputes relating to this contract, except cases under sec. § 1 ods. 4 of Act no. 391/2015 Z.z. and disputes whose value does not exceed 20 EUR. ARS platform is available on the website: ec.europa.eu/consumers/odr/index_en.htm#sthash.t4FXTlGF.dpuf