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Conditions et modalités, Principes de protection des données

GENERAL TERMS AND CONDITIONS
Terms and Conditions, Privacy Policy

 

These general terms and conditions (hereinafter: Terms and Conditions or T&C) regulate the use of the https://chimeratool.com website (hereinafter: the Website) and the consumer contracts concluded between the users (hereinafter: the Users) and Euro – Server s.r.o, a business association (hereinafter: Company) registered under ICO number 35 924 195, with its principal office registered at 929 01 Dunajská Streda, Športová 1260/51, as seller (hereinafter: Euro - Server), unless such consumer contracts are regulated by separate agreements.

Euro - Server requests Users to thoroughly read and understand the Terms and Conditions regulating the contracts concluded with Euro - Server and setting out their rights and obligations arising from such contracts. If the User does not agree with any of the provisions hereof, Euro - Server requests the User to refrain from using the Website and the products sold on the same. The User acknowledges that by registering on the Website and ordering any products or services offered on the same, it has accepted the provisions of the Terms and Conditions.

In case of any questions arising in relation to the Terms and Conditions, Users may contact the customer service of Euro - Server at the following URL: https://chimeratool.com/en/contact

 

DEFINITIONS

These definitions shall be applicable both to the Terms and Conditions and other policies of Euro - Server, including, in particular, the Policy on the Right of Cancellation and the Privacy Policy.

User: User shall refer to any natural person, legal person or business association without legal entity that opens and views the Website and that registers or places an order on the same. The terms “buyer”, “client” and “consumer” shall have the same meaning as the term “user”. The user account may not be resold or shared.

Website: The website shall refer to any and all websites of Euro - Server, including, in particular, the website https://chimeratool.com. The terms “website”, “page” and “site” shall have the same meaning as the term “website”. Website shall mean all applications available to desktop computers, tablets, mobile phones and other computing or electronic devices through the use of which the websites of Euro - Server may be accessed.

Discount code: Any and all numeric or alphabetic line of code specified by Euro - Server or the chimeratool.com Website and displayed on the Website through the use of which a (price) discount expressed either in percentages or a sum may be obtained from the price of the order or the product. “Coupon code” and “voucher code” shall bear the same meaning as “discount code”.

 

PROVISIONS

1 Agreement

The User acknowledges that by using the Website, it expressly agrees to the Terms and Conditions of Euro - Server as well as any related policies (including, in particular, the Policy on the Right of Cancellation and the Privacy Policy) and consents that Euro - Server forward its data (including their latest data) to third parties and obtain its data from third parties; including, but not limited to the data of the PayPal user account, debit and credit card data, the data of payments made with the use of PayPal, credit card or debit card as well as the data used for verifying the personal identity of the User, the validity of its credit or debit card and the authentication of the credit or debit card during individual transactions.

The Website’s language of communication is English. In the case of any discrepancies between the different language versions, the English language version shall prevail.

2 Changes

Euro - Server reserves the right to:

2.1 modify the Terms and Conditions from time to time, by publishing each modification at the Website in due time. The User shall be responsible for checking the Website from time to time to learn about possible modifications. The modifications shall be deemed to have taken effect when published on the Website. If the User does not wish to accept the modified terms and conditions, the User should refrain from using the Website. By continuing to use the Website after the entry into effect of the modified terms and conditions, the User agrees to be bound by the same;

2.2 to modify or delete either the entire Website or a part thereof, either on a temporary or permanent basis without the prior consent or notification of the Users. Euro - Server shall not be held liable for any damages arising in relation to such modification or deletion;

2.3 to render the password or ID code either provided by the Website or chosen by the User impossible to be used if it believes that such password or code or the use thereof does not comply with any provisions of the general terms and conditions.

 

3 Registration

By using the Website, Users warrant that:

3.1 it is entitled to conclude the contract with Euro - Server (it has full capacity and its ability of understanding is not impaired in any manner whatsoever);

3.2 it is at least 18 years of age (it has reached the age of majority);

3.3 the personal data it provided in the course of registration and the conclusion of the contract (placement of the order) are true, timely, complete and accurate and such data do not belong to a third party;

3.4 the use and functionality of the software sold by Euro - Server are not prohibited, do not constitute a criminal offense and do not violate any provisions of the laws in the country where the User’s registered office, site or registered address is located.

The User shall inform the customer service of Euro - Server of any changes concerning its personal data via the message centre (email or ticket) or via telephone at the telephone number indicated below (please note that calling such lines may incur additional costs, as our customer service and customer service telephone line is located in the United Kingdom and/or Slovakia).

Telephone: +42 12 3352 7665

4 Data protection

Euro - Server acknowledges that all personal data of Users are confidential and may only be used and processed in accordance with the provisions of the Privacy Policy.  By using the Website, the User consents to the use of its personal data and warrants that the data provided are true and valid.

If the User purchases on the Website, it shall provide its personal data for personal identification purposes, including, in particular, its full name, email address, billing address, shipping address, data of its PayPal account related to payments, credit and debit card data and other data related to payment. We hereby confirm that such data will be archived in accordance with the act on data protection.

5 Protection of the security of Users

In order to ensure that the data of your credit or debit card are not used without your consent, Euro - Server reserves the right to review the name, address and other personal data provided by the User upon the placement of the order and thereafter or to have such data reviewed by appropriate third parties.

Euro - Server considers preventing Internet fraud to be of priority importance. In light of the increasing tendency of frauds committed with PayPal user accounts, credit cards and debit cards on a global level, Euro - Server expressly strives to ensure that all orders are properly verified based on the information provided. In light of the foregoing, Euro - Server may contact the Users and may request their cooperation in the aforementioned verification for the protection of the security of Users. Euro - Server will contact competent authorities without undue delay in the case of any transactions involving fraud risk.

Upon accepting the Terms and Conditions, Users also accept such data verification. The personal data provided in the course of data verification as well as the result of data verification may be stored by the competent authorities. Euro - Server ensures that such activity only aims for personal identification and does not serve the purpose of checking or rating the financial solvency of the Users. All data obtained by Euro - Server will be processed in a secure manner, in compliance with the Slovakian data protection act.

6 Legal compliance

The Website may only be used in compliance with the laws and for purposes permitted by law. By using the Website, Users declare their express agreement with the proviso that they agree with all provisions of the laws.  In particular, Users accept that:

6.1 they shall not upload or forward any viruses, Trojan codes, computer worms, logical bombs or any other malware to the Website that are suitable for disrupting the uninterrupted operation of computers and websites or that may hinder, halt or interfere with the operation of the same;

6.2 they shall not upload or forward to the Website any content suitable for committing defamation or slander or materials containing vulgar expressions or carrying such connotation;

6.3 they shall not attempt to intrude into or enter the Website or the server of Euro - Server in an unauthorised manner, and shall not attempt to obtain the server data and other computer technology data stored by the Website or related to the same. It is prohibited to commit cyber-attacks against the Website by any means whatsoever, including in particular via denial-of-service or DDoS attacks.

The breach of this provision shall give rise to legal consequences, with special regard to the fact that such acts constitute criminal offenses under the provisions of the criminal code as may be in effect from time to time.  In the case of a suspected violation of the laws, Euro - Server will immediately take the necessary legal actions, as a result of which it will closely cooperate with competent authorities in verifying the identity of the suspect and in investigating the unlawful action. If such a violation is suspected, the suspected User will be banned from using the Website effective immediately.

Euro - Server shall not be held liable for damages or loss caused by DDoS attacks, computer viruses or other malicious technical content that may concern your computer, the hardware and software thereof or any other computer data content or data of the same that resulted from the use of the Website, uploading data to or downloading data from the Website, the placement of any links or from writing feedback.

 

7 Third party links

Links and other content beyond the control of Euro - Server may be displayed on the Website as services provided to our Users. Euro - Server hereby calls the attention to the fact that it shall not assume any liability whatsoever in relation to such links, websites and the content thereof, with special regard to the fact that such links, websites and the content thereof are not subject to the development activity and are beyond the control of Euro - Server. Neither does Euro - Server assume any liability as regards the privacy policy and data content of such third party websites or any assumed or actual damages, losses or violations that have been caused or may be caused by the use of such third party websites or the commercials, advertisements, products or services displayed by the same.

8 Orders

All orders are subject to the availability of products and the acceptance of the order. If the product ordered is not available, Euro - Server will inform the Client of such circumstance via email (or, if no email addresses have been provided or if the email address has not been provided correctly, via other possible means of communication). This way, the Client may either decide to wait until the product is available again or to cancel the order.

All orders placed for purchasing products or services shall constitute an offer. Euro - Server reserves the right to reject such offers from time to time. The confirmation of a successfully placed order (sent by Euro - Server to clients automatically upon the registration of the order in its system) may not be construed as the acceptance of the offer in terms of the products or services specified in the order and offered on the Website. The contract between the User and Euro - Server shall be deemed to have been concluded when:

8.1 the purchase price has been debited on the balance of the provided debit card, credit card or PayPal account; or

8.2 the order has been delivered to the User, the provision of the service has commenced;

8.3 furthermore, if the conditions set out in Subsections 8.1 and 8.2 are both fulfilled, the contract shall be deemed to have been concluded upon the fulfilment of the condition that is fulfilled later, and when Euro - Server has confirmed the placement of the order to the User (hereinafter: Confirmation of the Placement of the Order) via email (which shall, at the same time, serve as the confirmation of the conclusion of the contract).

The contract shall only be concluded in terms of the products and services that were included in the Confirmation of the Placement of the Order. Euro - Server may not be required to send products or to provide services that were included in the placed order but were not included in the Confirmation of the Placement of the Order.

Euro - Server shall take all reasonable action to ensure that the data of the order and the data related to the payment thereof are protected (as long as they are in the exclusive possession of Euro - Server). If Euro - Server does not process the data in a negligent manner, it shall not be held liable for any loss or damage suffered by the User if any unauthorised third parties have accessed or acquired the data provided by the User in the course of logging in to the Website or placing the order.

Euro - Server does not consent to the resale of the products offered on the Website and to allowing third parties to access the user account of the Client. Euro - Server also reserves the right to delete any and all orders and to suspend access to the user account or to the Website in cases when the resale of products is suspected.

If the order is delivered to the shipping address provided by the User, the User shall assume liability for the same. Euro - Server does not assume liability for the delivery of such orders where the client provided an incorrect or inaccurate shipping address, or where the order has not been collected at the shipping address.

9 Right of cancellation

In the case of consumer contracts, the right of cancellation may be exercised within 14 days from the date of receipt of the order or the date of commencement of the services. The right of cancellation may not be exercised if the products to be consumed have been opened (this provision shall not include products that have been damaged in the course of shipping).

If Clients wish to exercise their right of cancellation within the specified timeframe, they should familiarise themselves with the provisions of the Policy on Exercising the Right of Cancellation and should also contact the customer service.

10 Prices and payment

The prices indicated on the Website are inclusive of VAT (as may be changed from time to time). However, Euro - Server reserves the right to change the prices without giving prior written notice to Users (while maintaining that the prices indicated on the Confirmation of the Placement of the Order shall constitute the purchase price of the order not subject to modifications).

If the shipping address specified is outside of China, additional costs, fees, taxes, customs and duties (including VAT) determined by the country where the shipping address is located may arise in relation to the order to be shipped to such country and these are not included in the prices displayed on the Website. Any and all additional costs incurring in the aforementioned manner shall be borne by the User. Euro - Server hereby calls the User’s attention to the fact that such fees may vary in each country, and, therefore, recommends the User to request information about such fees from the competent (tax) authorities.

Users can pay on the Website via any credit card or debit card suitable for online transactions (having a CVC/CV2 code) and via PayPal. The purchase price of the order will be blocked before the order is dispatched and the provision of the services has commenced.

If our prices are displayed incorrectly at the checkout or on any other part of the Website, and such inaccuracy is detected before the products are dispatched or before the provision of the services has commenced, we reserve the right to act in accordance with the provisions of Sections 8 and 9 of the Terms and Conditions with regard to the fact that Euro - Server is not obliged to send the product and commence the provision of the services at the incorrectly displayed price. Although Euro - Server takes particular care to ensure that the prices displayed on the Website are always correct, errors might still occur on occasion. If Euro - Server detects an error in the prices of the products or services ordered, it will contact the client, who will, at the same time, be entitled to decide whether it wishes to maintain its order at the corrected price or cancel the same. If the order is cancelled (and has not been dispatched yet), but it has been already paid for, the entire purchase price will be reimbursed to the client.

Users shall warrant that the debit card, credit card and PayPal accounts used by them is at their disposal. All debit card and credit card users acknowledge that the validity of the payment instrument (debit card) and the User’s authorisation will be checked by and before the issuer. Our Company does not assume liability for any delays arising from delivery of the products or for any products ordered but not delivered if the delay or failure of delivery is caused by the fact that the issuer has rejected or has not approved the performance of the payment for any reason.

11 Protection of property rights

The content of the Website is subject to copyright, trademark protection, data protection and other intellectual property protection. Using or copying its content or trademark is prohibited. Users acknowledge that such property rights are not infringed by providing access to Users to the content of the Website.

The User may display and view the content of the Website on computers and any electronic device of equivalent value (mobile phone, tablet, etc.), may store the content in electronic format (the User may not, however, establish network connection to any servers or other data storage device) and may print the content thereof for personal, non-commercial use in compliance with the provisions pertaining to copyright protection and property rights. It is prohibited to reproduce or modify the Website or the data content thereof as well as to copy, share or use it for commercial purposes.

12 Limitation of liability

12.1 Provision of goods

12.1.1 Without prejudice to the provisions of Section 14 of the Terms and Conditions, if Euro - Server fails to comply with the provisions of the T&C, it may only be held liable for the damages and losses incurred by the User which have arisen expressly as a result of non-performance (if they are caused by breach of contract, private conduct, including negligence, or a breach of general obligations) and which qualify as foreseeable consequences of breaching the T&C.

 

12.2 Use of the Website

Euro - Server does not assume liability, either implied or express, for the content or use of the Website, or any issues arising in the course of or in relation to using the Website. Users acknowledge that Euro - Server may not be held liable for the security of the Website or for any personal data and any other information provided by the Users. Users shall bear all risks resulting from the use of the Internet.

Euro - Server shall take all action necessary for ensuring that the use of the Website, including the content thereof, be safe, while also preserving its reputation and good quality. However, Euro - Server may not be held liable for any errors or omissions displayed on the Website, any disruptions in the operation of the Website, any output resulting from the use of any information placed on the Website or any other technical problems that the User may experience while using the Website. In the case of any inaccuracies in the content of the Website, Euro - Server shall correct such inaccuracy within a reasonable period of time.

Euro - Server may not be held liable for the followings, in particular:

12.2.1 If the User uses the content of the Website, the services provided by Euro - Server or the software itself for purposes other than the intended purpose thereof or in bad faith, or if the User commits a criminal offense or violation of rules or causes damage to a third party intentionally or negligently with the use of the same;

12.2.2 if the computing devices, mobile devices, tablets or other devices of Users suitable for accessing the Website, and the software thereof, are incompatible with the Website;

12.2.3 for technical issues, including the malfunctioning of the Website or the temporary inaccessibility of the same;

12.2.4 for the inaccuracy, unreliability and unsuitability of the Website;

12.2.5 if the Website does not meet the requirements of the User.

Pursuant to applicable laws, Euro - Server may not be held liable against the User or third parties for any damages suffered incidentally as a result of or in relation to the use of the Website (with respect to both conditions, damage shall include the following without limitations: actual economic loss, loss of profit, loss of business, loss of anticipated savings, wasted expenditures, breach of privacy, data breach) or for any indirect, special or punitive damages, as well as for any other damages that have resulted or may have resulted from the use of the Website.

 

13 Suspending and blocking the User account

The registered account of the User may be suspended, and, in certain cases, blocked permanently if the User breaches or abuses the above-mentioned rules. As a result of blocking the User account, the data stored in the User’s account may not be accessed, the User may not use the product purchased, may not register a new account and all previous payment possibilities will be disabled.

In addition to the rules set out above, any detected attempts at the followings will be regarded as grave violations of rules:

  • attempts at cracking the products distributed on the Website and attempts at using them for purposes other than their intended purpose
  • attempts at sharing the products distributed on the Website, including
    • resale of licences purchased or sharing them with third parties
    • sharing USB devices with third parties
  • monitoring or reverse engineering the network or USB traffic
  • Running it under a virtual machine
  • Running it under a remote desktop

 

14 Severability

If any of the provisions hereof prove to be unlawful, null or unenforceable for any reason whatsoever, such provision shall be deemed to have been revoked with the proviso that it shall not impair the validity or enforceability of the remaining provisions and the entirety of the Terms and Conditions.

15 Waiver

In the case of any infringement of rights, the absence of any measures for exercising rights shall not imply the possibility of infringing other rights without legal consequences and shall not be construed as a waiver of rights.

16 Personal scope

The contractual conditions set out in the Terms and Conditions are applicable to and shall serve as the basis for purchase orders, as sale and purchase contracts, user contracts and licensing agreements between Euro - Server and the Users.

17 Jurisdiction

These Terms and Conditions shall be applied pursuant to the applicable Hungarian substantive and procedural rules and regulations as may be in effect from time to time (stipulation of substantive and procedural jurisdiction). Any disputes between the parties shall be submitted to the jurisdiction of the Central District Court of Buda.

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