TERMS AND CONDITIONS
By using the Service (“Service”) available on www.zimplu.ro you agree to the application of the following terms and conditions (“Terms of Service”). The “Service Provider” is Nexus Electronics SRL (“Nexus”), a private limited liability company, established under the Romanian legislature, based on the commercial registration code 19196707, located in the River Plaza A building, Splaiul Unirii, number 76, sector 4 , Bucharest Romania.
The Service Provider reserves the right to update and modify the Terms of Service after certain periods of time without sending notifications. Any new product feature that enhances your current Services, including the launch of new resources and features, will become part of the Terms of Service. Your use of the Services even after the integration of these changes constitutes your consent to such changes.
Violation of these terms mentioned below will result in the termination of your Service Account. While the Service Provider prohibits such behavior and content uploaded to the Service, you understand and agree that the Provider is not responsible for the Content posted by you. You agree to use the Service in understanding the risks to which you are exposed.
If you use or access the Service from a company or other entity, you represent a guarantee that you have the authority to link the entity and its affiliates to the Terms. In such a situation, the use of the term “you” will refer to the entity and affiliates. If you do not have this authority, you have no right to access or use the Services. These Terms include disclaimers of warranty and liability limitations that may apply to you.
BASE TERMS
If you do not agree, you will be required to refuse this Agreement and stop using the Services immediately. Access to the Services is permitted only to those who give their full approval to these Terms of Service.
You agree that this Terms of Service Agreement and the relationship between the parties will be governed exclusively by the laws of Romania without regard to its conflict of laws or international conventions. The exclusive jurisdiction for any settlement of a dispute is Bucharest, Romania.
You will need to provide your full name, valid email address and any other information needed to complete the registration process.
Login will only need to be used by one person – a multi-user account is not allowed. You can use separate login information for as many people as your Service Plan allows.
You are responsible for maintaining account and password security. The Service Provider cannot be held liable for any loss or damage due to your inability to comply with these security obligations.
The customer must commit to maintaining the total confidentiality of the passwords held by him related to the Services and the Customer Account. If the Customer is aware of the unauthorized use of the password or account held, the Customer will be required to notify the Service Provider immediately via email or contact forms on the Provider’s public website.
You are responsible for all content and activity that takes place in the account you hold (even when the Content is published by other people who have secondary accounts on the main account).
You may not use the Service for any illegal or unauthorized purpose. When using the Service, you must not violate any laws of the jurisdiction (including, but not limited to, copyright laws).
You agree that you will not harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
TERMS OF REFUND AND MODIFICATIONS OF THE SERVICE PACKAGE
A valid credit card is required to pay for the Service. If you initially sign up for a paid account and do not cancel it within 30 days, you will be billed monthly starting on the 30th day after account creation. If you cancel before processing the first invoice on the 30th, you will not be subject to any payment. The service is billed monthly in advance and is non-refundable. The money will not be refunded for the months in which you partially used the Service, the money for the upgrade / downgrade of the Service, nor for the months in which the Service was not used, but the account remained open.
All payments exclude any tax, levy or contribution imposed by the tax authorities, unless otherwise stated. The customer will be responsible for the payment of these fees, taxes and contributions.
For any changes to your paid account, the credit card you declared will be automatically charged at the new billing cycle rate.
A downgrade of the Service may result in loss of Content, functionality or account performance. The Service Provider shall not be liable for such loss.
The customer will take possession of the services as soon as the notification is received that the payment has been confirmed and we have the certainty that the money has left the cardholder’s account.
Payments are processed by:
CANCELLATION AND CONCLUSION OF THE CONTRACT
You are solely responsible for canceling your account. All Content will be deleted immediately from the Service platform upon cancellation. This information cannot be retrieved once the account has been canceled. If you cancel the Service before the invoice date for the current month, the cancellation will take effect immediately and you will not be charged.
The Service Provider, as the sole decision maker, has the right at any time to suspend or cancel an account and to refuse any current or future access to the Service, without giving any reason. This form of cancellation takes the form of deactivating or deleting the Account or your access to the Account and, implicitly, to the loss of the Content in the Account. The Service Provider reserves the right to refuse to provide Services to any entity without any particular reason, at any time.
TERMS ON MODIFICATIONS
The Service Provider reserves the right at any time and periodically to modify or discontinue, temporarily or permanently, the Service (in whole or in part), with or without prior notice. The prices of the Services, including and not limited to the monthly charging plan for enrollment in the Service, are subject to change within 30 days of our notification. This notice will be provided and validated permanently by a post with these changes published on the Service’s platform.
The Service Provider will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service. The Customer is aware and approves that the form and nature of the Service may change periodically without prior notice as the Supplier is constantly bringing innovations and improvements to the Service.
TERMS OF CONTENT
The content of the Service Provider is protected by copyright. Customer has no right to copy, distribute, modify, rent, lease, borrow, create derivative works, reverse engineer or otherwise attempt to extract the source code of the Service or any part thereof without the approval of the owner of such Content.
The Service Provider declares that it does not own any intellectual property rights over the materials that the Customer uploads to the Service. Your profile and uploaded materials remain yours. Instead, by setting up your pages for public distribution, you agree that others may view and distribute the Content.
Customer agrees not to create, transmit, display or otherwise provide Content that is illegal, may endanger or threaten someone who is abusive, harassing, annoying, defamatory, vulgar, obscene, malicious or invades someone else’s privacy (including viruses or other destructive code).
GENERAL CONDITIONS
Use of the Service is at your own risk. The service is provided “as is”.
Among other things, the Service Provider does not guarantee or represent the Customer that: the use of the Service by the Customer will be up to the requirements of the Customer the use of the Service by the Customer will be uninterrupted, prompt at all times, secure and error-free. as a result of its use of the Service, it will be accurate, correct, reliable and up-to-date that defects in the operation or operation of the Service will be rectified.
The technical support is valid through the methods presented on the Service’s platform.
Warranty
No warranty (including quality of product satisfaction, fitness for the purpose for which it was created or in accordance with the description) applies to the Service except as provided in the Agreement.
The Service Provider is not liable for any direct, indirect or substantial damages (including loss of profit, loss of information, damage to reputation or image) caused to Customer which may be incurred by Customer in connection with the Service.
You must not modify, adapt or damage the Service or modify any other site to imply that it is associated with the Service.
You understand that the service provider also uses third party providers and site hosting partners to provide the hardware, software, networking, storage, and related technology components necessary for the performance of the Service. You agree not to reproduce, duplicate, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the written permission of the Service Provider.
The customer is obliged to indemnify the Service Provider, its officers, directors, employees, agencies, licensors, suppliers, etc. for all claims, debts, losses, expenses, damages and costs, including attorneys’ fees, resulting from the breach of the Agreement, as well as from the activities of the Client’s account.
The Client agrees that the Service Provider will deliver notifications to him, including in connection with this Agreement, by email, mail or posting on the interface of the Service. You understand that the technical processing and transmission of the Service, including the Content, can be transferred without encryption and involves (a) transmission over multiple networks and (b) modifications to comply with and adapt to the technical requirements of connecting networks and devices.
You must not upload, post, host or send unsolicited emails, text messages or “spam” messages. You must not transmit any virus or worm or any code sent with destructive intent.
FINAL TERMS
The inability of the Service Provider to exercise and enforce any right or clause of the Terms of Service shall not constitute a derogation from such right or clause. The Terms of Service constitute the entire agreement between you and the Service Provider and govern your use of the Service in lieu of any other Agreement between you and the Service Provider (including, but not limited to, any other version of the Terms of Service).
This agreement is governed by Romanian law.
If the agreement has been translated into another language, and you notice contradictions between the Romanian version and the translated material, then the Romanian version will prevail over the translated one.
Any discussion related to the Agreement will be resolved through negotiations. If the discussion cannot be resolved through negotiation, then it will be resolved by the Bucharest Court of Appeal, Romania.
EFFECTIVE DATE
This Agreement shall enter into force on May 1, 2018.