PRELIMINARY NOTICE: EACH SMS MESSAGE SENT BY MOBILE PHONE USERS WILL COST THE AMOUNT SPECIFIED IN THE SOFTWARE DOWNLOAD INSTRUCTIONS, OR THE AMOUNT SPECIFIED FOR EACH OF THE METHODS OF PAYMENT OFFERED AT THE WEBSITE.
These Conditions of Use describe the terms and conditions applicable to the usage of the services offered by Zonzan Limited (from now on the service provider of mercantil society of English nationality with Fiscal Identification Number 585476061, social address in, 5th Floor, 86 Jermyn Street, London SW1XAW, United Kingdom. You are advised to read the current CONDITIONS OF USE carefully and, when appropriate, to use the download service accordingly, as use thereof implies express and unconditional acceptance of each and every one of these CONDITIONS OF USE. If this is not the case, you should close this page.
FIRST - PREMIUM SERVICE DESCRIPTION
1.1. Users may use this webpage (hereinafter, the Webpage) to download the executable file that contains the selected computer program (hereinafter, the SOFTWARE) from our servers to their hard drive.
1.2. For such purpose, the SUPPLIER offers a PREMIUM high-speed download service that is fast, efficient and virus-free. In exchange, the user must send the required SMS messages beforehand, pursuant to the terms indicated in Provision 2.2 regarding the economic terms of the service, or use any other method of payment offered at the Webpage.
SECOND - USE OF THE PREMIUM SERVICE
2.1. To access the PREMIUM service, users must send the required SMS messages in advance, in accordance with the detailed instructions provided at all times in the download section of the Webpage, or alternatively by using any of the other methods of payment on offer.
2.2. Each SMS message will cost the amount set forth in the SOFTWARE download instructions.
2.3. As soon as the SMS messages have been sent or payment has been made via any of the methods of payment in strict compliance with the detailed instructions provided in the download section, the user will receive a code with which s/he may initiate the high-speed download through the PREMIUM SERVICE.
THIRD - DUTIES OF THE WEB USER
3.1. The user undertakes to prepare, maintain and configure the technical requirements for both the PC and the mobile telephone in order to use the PREMIUM service. The SUPPLIER is under no obligation to provide technical assistance in this respect.
3.2. The user undertakes not to use any type of IT engine or utility that enables the mass distribution of SMS messages.
3.3. The user must not use the Webpage or the PREMIUM download service in any way that could damage, render useless, overload, corrupt or impede its normal use or enjoyment by other users. The WEB USER individually undertakes not to obstruct the normal running of the Webpage in any way and, above all, must not wrongfully overload the bandwidth or any other technical element susceptible to damage. Likewise, the user may not transmit any element that could potentially contain viruses, Trojans, logic bombs or, in general, any other element that could harm, block or interfere with all or part of the Webpage.
3.4. THE WEB USER must refrain from any activity that violates industrial copyright and intellectual property laws regarding graphics, brands, logos, designs, drawings, texts, programs, software and any other multi-media components shown on the Webpage. It must likewise refrain from altering or manipulating any copyrights or other identifying data relating to the intellectual or industrial property rights of the SUPPLIER, the owners of any content that may be incorporated into the Webpage, or third parties, as well as technical protection devices, digital fingerprints or any other content protection tool.
3.5. In the case of natural persons, the user states and assures the SUPPLIER that s/he is of legal age.
3.6. The user undertakes to compensate the SUPPLIER for any damage or loss, including, when applicable, any legal expenses arising from dealings conducted in or out-of-court that may be incurred from breach of these CONDITIONS OF USE, and in particular, from breach of the terms set forth in this Provision.
FOURTH - DUTIES OF THE SUPPLIER
4.1. The SUPPLIER will not be held liable for any network faults attributable to the mobile telephony operator, including but not limited to the following in particular: interferences resulting from atmospheric conditions, loss of coverage relating to the user's mobile phone, faults with the user's mobile handset, network supply failures for the mobile telephony operator/s, improper or fraudulent use of the user's mobile handset.
4.2. Likewise, the user accepts that even when the servers of the SUPPLIER are prepared and equipped to provide a PREMIUM download service, there are other network components belonging to telecommunication operators that are beyond the control of the SUPPLIER, which will therefore not be held liable in such cases when actual download speeds are slower than desired.
4.3. THE WEB USER accepts that the SUPPLIER has designed the Webpage in good faith, despite the fact that it may contain inaccuracies or errors, which will be duly corrected as quickly as possible and as soon as the SUPPLIER becomes aware of their existence.
4.4. The SUPPLIER states that the Webpage currently possesses the technology (software and hardware) required to access and/or use the services incorporated therein. Nevertheless, the SUPPLIER is under no obligation to guarantee permanent access to the Webpage and may, therefore, suspend access and usage of the service in order to carry out technical modifications or improvements. It will not be held liable for any damages that users may incur as a result of these circumstances, given that acceptance of these current CONDITIONS OF USE by the User implies acceptance of the fact that the Webpage may not be permanently available.
4.5. The SUPPLIER has adopted all applicable technical and organisational security measures in accordance with existing standards of quality in the sector in order to ensure maximum security and confidentiality of communications. Control mechanisms have also been implemented to prevent security breaches and other negative consequences, and the most appropriate organisational methods and technical procedures have been adopted in order to minimise such risks. Notwithstanding the foregoing, the user recognises and accepts that Internet security methods are not impregnable, Internet networks are not secure and any communication sent by this means may be intercepted or changed by unauthorised parties.
4.6. The SUPPLIER accepts no responsibility for the fact that the information supplied through the Webpage may be incomplete or contain inaccuracies. It will not be held liable for any damage or loss that may be incurred from accessing the Webpage or from using the services. Likewise, it may not be held liable for other products and services offered via the Webpage by third parties or provided through links.
4.7. Moreover, the SUPPLIER Limited will not be liable for any possible errors or security shortcomings that may arise when Users employ out-of-date or insecure browsers, or activate browser password storage tools, or from any damage, errors or inaccuracies that may arise from faults inherent in the browser.
4.8. The SUPPLIER may, at any time, request the user to prove that it has duly complied with the obligations set forth in these CONDITIONS OF USE. Failure to provide evidence of compliance will entitle the SUPPLIER to automatically bar the user in question.
4.9. As way of example and without prejudice to that set forth above, the SUPPLIER will not be held liable for the following:
- Power losses or errors during the transmission of data;
- Loss of connection;
- Deletion of user content or details;
- Lack of access to the online platform;
- Delays in the transmission of data;
- Interruptions or other communication failures;
- Registration theft;
- Any kind of data destruction by third parties;
- Unauthorised access to data;
- Data manipulation;
- Improper use of data.
FIFTH - TECHNICAL SUPPORT
5.1. In the event that the user encounters any kind of problem or issue while using the PREMIUM service, by writing to the from the CONTACT form and describing the problem. The SUPPLIER undertakes to deal with the issue as quickly as possible.
5.2. Nevertheless, the SUPPLIER shall only provide support to those users whose question or issue relates to downloads, and will never offer help in relation to the actual software to be downloaded. In such case, users should contact the software manufacturer/owner.
SIXTH - PERSONAL DATA PROTECTION
The user accepts that his/her personal details and any others that s/he may provide to the SUPPLIER at any time, following requests or enquiries in relation to, or the procurement of any service or product governed by these CONDITIONS OF USE, will be incorporated into an automated data file owned and maintained by the SUPPLIER. The purpose of the aforementioned file is to manage the service and provide it to the user, as well as to send commercial communications relating to products and services similar to those offered on the Webpage through any medium or format, including electronically (by e-mail/SMS). Should the user no longer wish to receive further communications regarding our products and services or those of our business group, s/he may send an e-mail to the CONTACT and include the words " black list " in the subject heading. In addition, users will be entitled to access, correct, withdraw or challenge their personal details. These rights may be exercised by writing to the registered offices of the SUPPLIER.
SEVENTH - CHANGES
The SUPPLIER reserves the right to change, at its discretion, the layout or configuration of the Webpage, the provisions of these CONDITIONS OF USE, or, in general, any other content or service contained within the Webpage. All that is required for such purpose is to include the corresponding changes in these CONDITIONS OF USE and to place them in a link that users can consult at all times. In this regard, access to the Webpage by the user, or their use of any service, will be taken to constitute their express, full and unequivocal acceptance of all the changes in their entirety. The user therefore undertakes to consult the contents of these CONDITIONS OF USE every time s/he accesses the Webpage.
EIGHTH - JURISDICTION
This Agreement will be governed by Spanish Law. The parties, expressly waiving any other jurisdiction or forum that may apply, agree to submit any disputes that may arise from performance of the obligations contained within this Agreement to the Courts and Tribunals in and for the City of London.