These General Terms and Conditions (hereinafter referred to as the “GTC”) are mainly governed by the provisions of Act of the Slovak Republic (hereinafter referred to as the “SR”) No. 513/1991 Coll. (hereinafter referred to as the “Commercial Code”), Act of the Slovak Republic No. 40/1964 Coll. (hereinafter referred to as the “Civil Code”) as well as the associated legislation of the Slovak Republic (the home state), which is simultaneously considered the applicable law for purposes of resolving disputes between us and you, and you agree to this. If some provisions of these GTC are in conflict with the legislation of the country of which you are a citizen (the host country), the provisions of these GTC take precedence. However, in the case of a dispute between us and you, you have the right to sue us in a court of the host country, and in the event that the consumer protection of the host country is higher than the consumer protection according to the legislation of the home country, the procedure will be according to the law of the host country. The GTC regulate the contractual relations, rights and obligations between the company Zarába to, s.r.o. (hereinafter referred to as the “Provider”) and registered customers (hereinafter referred to as the “User”).
1. DEFINITION OF TERMS
1.1. Provider: Zarába to, s.r.o., with registered office: Bajkalská 4860/5, 080 01 Prešov, Slovak Republic; the company is registered in the Commercial Register kept by the District Court of Prešov, Department: Sro, Insert No.: 36956/P, Company ID: 51900238, Tax ID number: 2120849918, e-mail address: info@zarabato.sk.
1.2. Product: The software created by the Provider.
1.3. Service: The service provided by the Provider.
1.4. User: A natural person or legal entity that has purchased a product or uses a service provided by the Provider.
2. CONTRACTUAL RELATIONSHIP
2.1. The contractual relationship between the Provider and the User is established at the moment of the purchase of the software product (hereinafter referred to as the “Product”) or Service, and the User confirms his/her agreement to the terms of the Licence Agreement for the given Product or Service.
2.2. The Provider reserves the right not to accept a request to purchase a Product or Service.
3. LIMITATION OF LIABILITY
3.1. The Provider is primarily devoted to the development of software products that are easy to use, save time and help significantly improve efficiency in the areas for which they are intended. The information provided does not represent investment advice or investment recommendations. If the User uses the provided information without verifying it, or as investment advice or investment recommendations, he/she does so at his/her own discretion, own expense and own risk.
3.2. The Provider is not responsible for any damage that may occur to the User:
a) through misuse of the Product by a third party on the part of the User, in particular misuse of the system by a third party that identifies him-/herself with a valid login name and password,
b) by the fact that the User cannot use the purchased Product or Service at a given moment,
c) by errors during transmission, technical malfunctions, interruption of the line and also other technical problems of any kind, except for cases caused by the Provider itself on purpose or caused by gross negligence of the Provider,
d) by the failure of the User’s hardware or software equipment,
e) by circumstances that exclude the responsibility of the Provider in terms of applicable legislation,
f) by entry of another person into the ongoing connection between the User and the Provider carried out through technical devices and networks,
g) for damage caused by entering incorrect or duplicate data, incorrect use of the Product or Service, by the non-fulfilled obligation of the User to notify the Provider of suspected misuse of the Product or Service by an unauthorised person, by theft or loss of authorisation elements of the Product or Service.
4. PRODUCT PRICE
4.1. The prices of Products and Services are listed in the price lists published on the Provider’s website: www.zarabato.sk/en.
5. WARRANTY TERMS
5.1. The Provider guarantees the full functionality of the Products and Services only under the condition that the User meets the minimum system requirements. The minimum system requirements for current versions of Products and Services are specified by the Provider on the website: www.zarabato.sk/en.
5.2. The Provider is responsible for the functionality of the current versions of the Products and Services only in relation to a properly registered and properly paying User.
5.3. The Provider is obligated to provide support and updates to the Products and Services only in relation to a properly registered and properly paying User.
5.4. The Provider is not responsible for errors in older versions of Products and Services or for their possible incompatibility with new software or hardware resources belonging to the User.
5.5. The Provider is not obligated to perform technical support, development or maintenance of older versions of Products and Services.
6. LIMITATION OF WARRANTIES
6.1. No warranty claim shall arise if the defect of the Product or Service was caused by force majeure, an accident, poor or incorrect use, use on inappropriate hardware that is contrary to the technical requirements stated in the documentation, or computer viruses. The fact that the Product or Service cannot be used on hardware that was not available at the time the Product or Service was created cannot be considered a Product or Service error. The Provider is not responsible for the correct functioning of the Products and Services, if they are used on a computer together with programs from other producers whose function can negatively affect the behaviour of the Products or Services. The Provider is not responsible for the proper functioning of the Product or Service in the event they are used on a misconfigured computer or in a misconfigured computer network environment.
6.2. A warranty is provided on the Product for the entire period during which the User continuously updates the Product to its current versions through the support and update service.
6.3. The User is responsible for regularly performing a data backup and archiving it, including checking that the created backup is without errors. The Provider is not responsible for the loss or damage of data that was not properly backed up.
7. PERSONAL DATA
7.1. The Provider protects the User’s personal data in line with valid legal regulations. By accepting these GTC, the User consents to the processing of the personal data that he or she provided. The Provider declares that for the purposes of the contractual relationship, it will only require the following exhaustively listed personal data of the User:
- Name
- Surname
- E-mail address
7.2. The Provider undertakes to use the previously listed personal data of the User exclusively for the purposes of the User’s registration and ensuring the functionality of the Product or Service purchased.
7.3. The User’s consent to the processing of personal data is irrevocable during the whole period established by valid legal regulations, but at least during the duration of the contractual relationship.
7.4. After the end of the contractual relationship between the Provider and the User, the Provider is obligated to cease using the User’s personal data with immediate effect and to ensure the erasure of such personal data without delay.
7.5. The User is aware and agrees that the Provider is authorised to use his/her personal data to send information about the Product or Service purchased. The Provider will use the e-mail provided by the User during the registration request exclusively to send information. The language of communication is the Slovak language.
8. COPYRIGHT
8.1. The Provider is the holder of all property and copyright rights to the Products and Services, as well as to the printed and electronic materials supplied together with the Products and Services and all copies of them.
8.2. All Products created by the Provider are the exclusive property of the Provider. The Products and Services are protected by the laws of the Slovak Republic on copyright, the provisions of international treaties and all other relevant legal provisions.
8.3. Copying and further spreading the documentation accompanying the Products and Services without the written consent of the Provider is prohibited.
9. TERMINATION OF THE CONTRACTUAL RELATIONSHIP
9.1. The authorisation to install and use the Product or Service shall expire:
a) with a request from the User sent from the e-mail used during registration request; the termination of the authorisation is effective from the date of expiry of the authorisation granted on the basis of the last payment made by the User; in urgent and justified cases (for example, the death of the User), the Provider will ensure the termination of access to the Product or Service immediately after receiving the request, and the Provider reserves the right to assess the circumstances of the request and not comply with the request to terminate access,
b) with the death of the User who is a natural person or the demise of the User that is a legal entity; the provider is not responsible for possible damages if he was not aware of this fact.