SaaS license

Terms of available software online stores

General Provisions
§ 1

Regulations define the rules of the Zencommerce India, service of sharing users – for a period of subscription – computer software to conduct online store and providing this support period for the use of this software.

Use of the Software is conditional upon acceptance of the terms of these rules and respect for his part applicable law.

These Rules are rules, referred to in Art. 8 of the Act of 18 July 2002. On the provision of electronic services (Dz. U. of 2002. No. 144, item. 1204, as amended. D. – Referred to as the Act on electronic services).

Definitions
§ 2

Regulations – these regulations, specifying rules for the provision of services consisting of the provision users for a period of subscription software to conduct online store and the award during this period of technical assistance regarding the use of this software;

Service – Internet service www.zencommerce.nl, led by Zencommerce India

Online stores – a form of commercial activity carried out on the Web using the appropriate software.

Software (Software Online Store) – a computer program for the purposes of the Act of February 4, 1994. Copyright and Related Rights (Dz. U. of 1994., no. 24, pos. 83, as amended. d.), used to conduct online store, available by Zencommerce as a service under the Rules.

Assistance – technical support user in the use of the Software.

Zencommerce (Organizer) – the organizer of the Service, ie. Zencommerce India, acting at Nerul west, Navi Mumbai, Maharashtra India.

Service – a service provided by Zencommerce to the User under this Agreement.

User – uses the Service, or of legal age (with the consent of the legal representatives) underage natural person, legal person or organizational unit without legal personality.

Account – individual electronic account on the Service activated for the user to enable your use of the services of the Service.

Consumer – a person performing a legal act (contract for the provision of services) related directly to his business or professional activity.

Online Store Software
§ 3

Zencommerce declares that it has exclusive copyrights to the Software Online Store, with the exception of those of its elements that are derived from the so-called library. open source software (open source library). Libraries are attached to the Software and is distributed under the Software in accordance with the license terms that define the rules for their use.

User is obliged to comply with the Regulation concerning the terms and conditions of use of the Software Online Stores, including taking into account the principles of a license to use the Software contained in open source libraries. You acknowledge that a breach of this obligation may result in violation of exclusive copyrights to the Software and User stroke liable in this regard.

Terms of Service
Preliminary Provisions
§ 4

The contract for the provision of services within the test period is the expiry of the test with the passage of 14 days or with the conclusion of the User agreement for the provision of paid services. If your use of the services within the test period:
a) You may at any time abandon the use of testing services;
b) the user does not have the obligation to conclude a contract for the provision of paid services.
The contract for the provision of paid services is concluded with the receipt of the User e-mail that will confirm correct fee payment by the User.
Use of the Service requires payment of the fee provided for in force at the date of the agreement for the provision of services, or an extension of the price list, after using by the User of the Service electronically available option to purchase and fulfillment of the conditions order. If you buy at a promotional price, extension occurs at a standard price.
A user who is a consumer and entered into an agreement for the provision of the Services, may withdraw from it without giving reasons, making a statement in writing within ten (10) days from the date of conclusion of the above . agreement. To comply with this deadline, you must send a statement before its expiry. Right of withdrawal The consumer shall not be entitled to the provision of services by the Organiser started, with the consent of the Consumer, before the expiry of the above (ie. 10-day) period. Your continued use of the Software by the Consumer despite the withdrawal will be in violation of copyrights Zencommerce Software.

When placing an order – until sending the order form – The user can modify the input data and the selection of services. To do this, follow the on-screen prompts to you and the information available on the website.
Zencommerce is not liable for damages resulting from the release by any third party of your password and login for the registration and log you on the Site and Online Store admin user.

§ 5
affixing online stores conducted using software – both the user and its clients – content with unlawful nature, including:

– Infringing intellectual property rights of third parties;
– violating personal Zencommerce or third parties;
– contrary to morality;
– having pornographic;
– other content that violates the rules in force in the Republic of Indian law.

Violation of this prohibition may result in legal liability’s or its customers. Zencommerce not responsible for the placement of online Stores illegal content. This applies subject to Art. 14 of the Act on electronic services.
In the event of receipt of the notification or reliable knowledge of illegal content hosted in the online store run by the user using the Software Zencommerce have the right to prevent access to these contents or delete them.

Zencommerce is entitled to refuse to enter into contracts and providing a service, or to withdraw from the agreement already concluded, when:
you provide the data requested by Zencommerce in accordance with reality,
Zencommerce previously terminated the contract with you as a result of circumstances for which the responsibility of the user,
there is a well-founded fear that the service will be used for purposes incompatible with the nature and purpose of the services, in particular when it is used by the user in a manner preventing or interfering with the use of hardware resources Zencommerce by other users,
it is feared that using the services will be performed acts constituting acts unlawful, in particular, will be sent spam,
previously personally or jointly with others, or through other people, you use the Services in a manner inconsistent with its intended
user violated during registration or in connection with the previous use of the services, the rights of third parties or rules universally applicable, including made an unlawful act.

Zencommerce and the User is entitled to assign to third parties’ rights and obligations arising from the contract for the provision of services. The above provision does not apply to Consumers. In the event of the User assignment You may not further operation of the Software.
Use is possible provided that the ICT system used by the user of the following minimum technical requirements:
Internet Explorer 8.0 or higher with JavaScript enabled and Cookies or
Mozilla Firefox Version 3.0 or higher with JavaScript enabled and cookies,
Google Chrome version 10 or higher with JavaScript enabled and cookies,

Detailed terms and conditions of the Service,
§ 6

Providing you with Software Online Store takes place on the server Zencommerce(on-line), on which the Software is installed, and the user does not have the right to download (multiplication equipment) software and install it on another server.
Use of the Service may be associated with the concomitant exercised by User’s other services Service – Internet Domain services and graphic design services Individual – the conditions laid down in the regulations for these services.
As part of the agreement for the provision of services Organizer grants you paid and non-exclusive license to use the Software in accordance with its intended purpose and only for the duration of your subscription. This license entitles you to a temporary reproduction of the Software via the display and use for the purpose of the Online Store.
You do not have the right to paid or free provision of the Software to third parties except for the provision of its customers to the extent necessary for use in the exercise of customer’s Online Store .
You must include in the online store run by the software using the information that the store uses the Software Zencommerce by placing on each page of the Store visible sign “Zencommerce.nl Online Store” and the reference link directly to the website Zencommerce. Failure to meet this commitment, resulting in a loss to the User the right to use the Software ie. The termination of a contract for the provision of services with immediate effect.
The contract for the provision of services is concluded for a period of one (1) subscription period, including for the same period is granted a license to use of the Software. Agreement will be extended for a further period of one (1) subscription period, beginning after the expiration of the current term of the agreement for use by you of the options available to extend through the Service functions. In the same way, the contract may be extended for successive periods of subscription.
The subscription period User has the right to use the CA including technical support on issues related to the use of the Software, consisting of telephone counseling and e-mail on this subject.
The implementation of the CA can be associated with for the release by the user’s login and password used to register the administration panel’s Online Store and in this case, the User is obliged to give them Zencommerce.
In case of an error in the operation of the Software or its updated version of the User has the right to demand their removal from Zencommerce in a timely manner , dependent on the nature and complexity of the error (warranty repair).
10. Use of the Service is paid. Payment rules are as follows:
fee for use of the Service is charged in the amount specified wa price list in force – odpowiednio- on the contract and on renewal of the contract.
in the above. located fee: license fee for the use of the Software and Assists – for the period of the subscription.
Changing the price list does not apply to users who at the time of making use of the Services already under the subscription agreement.
During the services, the user has the ability to change with the approval of the package Zencommerce. In the case of a change to a more expensive service, the remaining life of the parameters will be recalculated according to the service more expensive. Changing to a cheaper service does not extend the paid period.
In the case where the change pricing applies to users using the service as part of the subscription period, the User has the right to terminate the Agreement within 14 days from the date of receipt of the notice of change pricing without having to pay any compensation . In the absence of termination of the contract within that period a new price list is valid user. Denunciation shall be made ​​in writing and sent to the following address: Stork 22, 31 – 231 Krakow
Zencommerce Liability for improper performance of a contract for the provision of services is limited to the equivalent of 1-year fee for the provision of which has been paid by you. This limitation does not apply to users who are consumers.
Zencommerce guarantees the availability of services Online Shop during the subscription period at 99.9% per annum. In the case of interruption in the provision of services during the paid subscription period, the duration of which exceeds the maximum length of time the service is unavailable, Zencommerce is required to extend the period of subscription services for two days for each commenced 24 hours total duration of interruptions.
Zencommerce reserves the possibility of interruptions in ensuring the availability of software for the provision of services – to update the software. The dates interruptions Users are – in advance – to notifications by Zencommerce by email. Zencommerce shall endeavor to break the terms were the least burdensome for the functioning of Shopping web users to conduct which is used in the Software.
Zencommerce not be liable for malfunctions caused by the Software:

the improper use by the user, including the unauthorized modification,
malfunction of equipment or other software’s,
acts of third parties that are not subcontractors Zencommerce or force majeure.

Privacy Policy
§7

Users’ personal data administrator and the users of the Service within the meaning of the Act on the Protection of personal data is the Organizer.
The organizer provides security entrusted to him by the Members to the processing of personal data. Processing of personal data in accordance with the rules in force in the Republic of Indian law, in particular in the Law on Personal Data Protection Act of electronic services and the relevant implementing acts ..
The processing of your personal information takes place in order to provide the Service.
Personal data collected in Service can also be used to inform users of the Site and the services provided by him.
The organizer reserves the right to disclose selected information concerning you or another individual who uses the Service to the competent authorities or to third parties, which have made ​​a request for such information, based on an appropriate the legal basis only if it is consistent with the provisions in force in the Republic of Indian law. Except in the cases indicated above information about you or the recipient of the Site will not be disclosed to any third party without the consent of the user or the person using the Service.

As part of the services are processed personal data of Users:

your name or company name User,
VAT registration number or other user registration number,
place of residence of the User
’s e-mail address,
contact phone number held by the user.

Sharing of personal data by users is voluntary, but it is necessary to provide the Service. Data are provided by the user at the stage of registration on the Site and on the stage of correction or update.
The organizer announces that the moment of the merger by you or another person with the Service in the system logs the site there is information about the number (including IP) and the type of terminal you or another individual, from which the User or any other natural person connects with the Service. Organizer announces that it will be processed in accordance with the provisions in force in the Republic of Indian law, the data on the number (including IP) and the type of end-user devices, and another individual who uses the Service, as well as the aforementioned connection time. of the service. These data are processed in particular for technical purposes and to collect general statistical information.
The organizer uses cookies to collect information related to the use of the service by you or any other individual. Cookie files, you can:
adapt to the needs of service users and other people using the services,
the creation of the aforementioned audience statistics pages. Service.
The organizer shall take appropriate technical and organizational measures to ensure the security of personal information provided by users, in particular, preventing access by third parties or processed in violation of the law, to prevent data loss, damage or destruction of them.
In the event that there Organizer for consent to receive commercial information by electronic means (eg. via e-mail, SMS, Bluetooth, etc.), a person who has expressed above are entitled to withdraw consent consent, by a panel of customer service, available at panel.zencommerce.nl.
Every User has the right to access your personal information, the right to correct, amend, and the right of the processing of the data and their removal. For this purpose, please send email to: [email protected].

Upon completion of your use of the Service Organizer can process your personal information to the extent necessary to achieve the following objectives:

settlement services or claims on this account,
determine whether your use of the Service is compatible with the Regulations and the laws and explain the circumstances of any unauthorized use of this service.
provide you with materials that represent advertising or promotion of the Site (if you have a valid consent by the Organizer to make these activities).

Zencommerce has the right to publish on its website information, including names and addresses of Internet Shopping web users conducted by using the Software, with the proviso that Zencommerce undertakes to remove this information at the individual request of the user, which the information relates.

Zencommerce has the right to use the selected data characterizing the shops run by users using the Software (including the quantity of products, transactions and customers) – for their own analysis, which aim to ensure the development of software functionality. These data may be published by Zencommerce, but only in the context of collective summaries of these stores, in a manner not individualizing each store. Use of data does not include personal information about customers of these stores.

Complaints
§ 8

The User has the right to file complaints on the quality of performance of the Services.
Complaints are submitted electronically to the following e-mail [email protected]
Zencommerce’s consider the complaint as soon as possible, but no longer than 14 days. The answer to the complaint is sent to you by electronic mail.

Final Provisions
§ 9

Rules can be changed, as Members will be notified in accordance with the rules in force in the Republic of Indian law.
In the case where a change of the Regulations applies to users using the Services as part of the subscription period, the User has the right to terminate the contract for the provision of services within 14 days from the date of receipt of the notification of changes to the Regulations, without having to pay any compensation. In the absence of termination of the contract within that period the new regulations are in force user. Denunciation shall be made ​​in writing and sent to the following address: C-9 Neighbouhood shopping complex, Sector-4, Nerul (west), Navi Mumbai, Maharashtra.
contract for the provision of services is concluded in the Indian language.
Users can get access to these Terms and Conditions at any time via the link found on the homepage of the Site and to download it and draw up its printing. Consolidation, security, user access and confirmation of the essential terms of the provision of services takes place through the conclusion of the Terms and Conditions on the above. page.

The law applicable to the contract for the provision of the Services is the law in force in the territory of the Indian Republic.