GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES, PROVIDED AND ACCESIBLE THROUGH THE WEBSITE www.fermaweb.com
PREAMBLE
The following document contains the General Terms and Conditions for using the information resources, trading services, software applications and goods, provided to users by “VIP Software” LTD with headquarters and management address in Republic of Bulgaria, town of Ruse, street “Stefan Karadzha” 10, Bulgarian registration number: 117548397 and VAT number: BG117548397, telephone numbers: +359 82 834 188; +359 82 834 189, e-mail: office@vipsoftbg.com, represented by its manager Petar Angelov Chernaev (hereinafter referred to as VIP Software LTD or Owner). The described services are provided to the users by the website and e-shop on the internet address www.fermaweb.com (hereinafter referred as Product or Website) and governs the relationships between the Owner and each of the registered and unregistered users of the goods and services, accessible through the Website.
Read the following Terms and Conditions. By visiting the Website (as well as by clicking on an electronic link, button, check-box or any other object on the Website), you declare that you are familiar with the General Terms and Conditions and you undertake the obligation to comply with them while using the Services, provided through the Website. If you do not agree with the General Terms and Conditions, do not use the Website.
- DEFINITIONS
- In the interpretation of these Terms and Conditions, the terms and expressions have the following meaning:
1.1. “IP address” is a unique identifier, associating device, website or resource of the user on a way, which allows their localization in the global internet network.
1.2. “VIP Software” LTD is a company with Bulgarian identification number: 117548397 and VAT number: BG117548397, with its headquarters and management address in Republic of Bulgaria, town of Ruse, street “Stefan Karadzha” 10, telephone numbers: +359 82 834 188; +359 82 834 189, e-mail: office@vipsoftbg.com. It provides the Services – subject of the following General Terms and Conditions by its portal: http://fermaweb.com/en.
1.3. The website www.fermaweb.com is a portal website – virtual program-informational resource, through which the USERS have access to informational and program applications, services and resources, described in the following General Terms and Conditions.
1.4. “Electronic referral” is a link, denoted on a particular website, which allows automated forwarding to another website, information resource or object by standardized secure protocols.
1.5. “Malicious acts” are actions or omissions which violate internet ethics or which harm persons, connected to internet or associated networks, including but not limited to: sending unwanted mail (SPAM, JUNK MAIL), flooding the channels (FLOOD), receiving an access to resources with foreign rights and passwords, using system failures for own benefit or obtaining information (HACK), committing activities that may be qualified as industrial espionage or sabotage, damaging or destruction of systems and information arrays (CRACK), sending Trojan horses or causing installing of viruses or remote control systems to interfere with the normal operation of other internet users and associated networks as well as committing any actions, which may be qualified as a crime or administrative violation according the Bulgarian legislature or other applicable legislature.
1.6. “Web page” is part of a website that may be composite or separate.
1.7. “Information system” is a device or system of connected devices, which or some of which is intended to store, send or receive electronic documents.
1.8. “User” is every person, who uses any of the provided information resources and services through the Website of VIP Software LTD.
1.9. “User’s profile” is a separate part of www.fermaweb.com, containing information about the User, which is provided by him/her while the registration and is stored form www.fermaweb.com. The access to the user’s profile is accomplished by entering user name and password. The profile allows the user to view and edit data that was imported during the registration, to have an access to the applications and their demo versions, to order and purchase products, services, etc.
1.10. “User name” is User’s email, imported during the initial registration, by which the User is identified in www.fermaweb.com.
1.11. “Password” is a generated by the administrator code from letters and/or digits, which together with the user name identifies the User.
1.12. “User’s content” is data, information, text, sound, files, photographs, graphics, video or audio materials, messages, electronic links and any other materials, including but not limited to opinions and comments.
1.13. “Server” is a device or system of connected devices, on which or some of which is installed system software for tasks accomplishing related to storing, processing, receiving and transmission of information.
1.14. “Website” is a particular space in the global internet network that is accessible by its unified address (URL) by protocol HTTP or HTTPS and contains files, programs, text, sound, picture, image, electronic links and other materials and resources.
1.15. “Forum” is Website, which content includes comments, descriptions of events and other informational resources, granted to the Users.
1.16. “Software Application” is product, written on program language, which processes User’s content.
1.17. “Error” is every inconformity between Product’s behavior and the technical documentation, provided by the Owner to Users.
- INFORMATIONAL RESOURCES, SERVICES AND GOODS, PROVIDED BY THE OWNER
- VIP Software Ltd grants the Users the right to operate with different software modules of the product www.fermaweb.com in online mode, which right of use is unexclusively and cannot be relinquished. VIP Software provides right of use and/or installation of the Product, which are accessible for one User name by complying the clauses of those General Terms and Conditions, for a prepaid period of time according Owner’s current prices. The subscription fees for the Product are published on a price list on Product’s Website ( http://clients.fermaweb.com/ ). VIP Software Ltd has the right by it’s own decision to change products’ price list. The changed prices enter into force from the day of their publishing, sending by email to the Users or providing them to the User on paper, magnetic or optical carrier.
- Part of the services on website www.fermaweb.com are provided to all Users without the need of registration. Such as:
- Access to and using in compliance with the current General Terms and Conditions variety informational resources accessible by the Website www.fermaweb.com .
- News, announcements, information about upcoming events, tutorials and seminars, excluding the paid tutorials and seminars, catalog with electronic links to Bulgarian and foreign sites related to agribusiness or other content, provided by VIP Software Ltd.
- Part of the services accessible on the Website www.fermaweb.com is possible only with registration, creating User’s profile of the User and entering User name and Password. Such as:
- The service “Forum”, by which the User has the possibility to publish his/hers practices, comments, opinions and suggestions.
- Purchasing Trial versions of the offered program applications, provided to the registered Users by the Website www.fermaweb.com .
- Access to the service “Eshop”, by which the registered Users may publish announcements for selling, buying or renting products and services.
- Access to the service “Innovations”, by which the registered Users may find news and experts’ developments and publications in the field of livestock breeding, zoo engineering and other areas, related to agribusiness.
- Paid tutorials and seminars, real applications, etc.
- The relations between Users and VIP Software Ltd, related to offering, accessing and using paid services by the Website www.fermaweb.com are settled according the rules, described in the General Terms and Conditions for using the relevant paid services, which are available through the Website www.fermaweb.com.
- SCOPE. AGREEMENT WITH THE GENERAL TERMS AND CONDITIONS
- The following General Terms and Conditions are applicable in the relations with Users, who registered to the Website www.fermaweb.com (“registered Users”). The following General Terms and Conditions are applicable in the relations with Users, who did not registered on the Website www.fermaweb.com (“unregistered Users”), but their rights are restricted to using the services described in point 3 of this document.
- Current General Terms and Conditions are available on the Website www.fermaweb.com on a way, which allows its storing and reproduction. The Users declare that they are familiar with the current General Terms and Conditions, they agree with this document and obligate to observe it.
- To be able to use the services described in point 4 of the current General Terms and Conditions, the User should fill the electronic form for registration, which is available in real time (online).
8.1. By clicking “I agree with the General Terms and Conditions” and pressing the virtual button “Confirm”, the User makes and electronic statement according The Electronic Document and Electronic Certification Services Act and with that action the User declares that he/she is familiar with the current General Terms and Conditions, accepts them and undertakes the obligation to observe them. When recorded on a carrier in Owner’s server by a common standard for transforming on a technical way, which makes possible its reproduction, the electronic statement acquires the quality of an electronic document according the cited legal act. The Owner can store on log-files on its server the User’s IP-address as well as any other information, which is necessary for identifying the user and reproducing his/her electronic statement for accepting the General Terms and Conditions if a legal dispute arises. An unregistered User, who uses Website’s services, declares his/her agreement with current General Terms and Conditions from the moment he/she started to use the services, provided by the Website. The text of the current General Terms and Conditions is available on the Website www.fermaweb.com on a way, which allows its storing and reproduction.
8.2. When making a registration, the User can request receiving access to every services, which FermaWEB provides. When filling the electronic registration form, the User has to provide complete and accurate data about his/her identity and other information that FermaWEB requires. The User has to update that information within 7 (seven) days if any change occurs. The User grants that the information that he/she provided in the process of registration is accurate and complete and if any change occurs, he/she will update the information in time.
8.3. If the User denies submitting the required by the electronic registration form information, FermaWEB has the right to refuse registration.
- USER NAME AND PASSWORD. USER’S PROFILE
- When filling the registration form, the User enters an email, which is his/hers User name. With the User name, the User receives access to the User’s profile and an opportunity to use the services described in point 4 from the following document. FermaWEB do not verify and is not responsible for any match between User names and companies’ names, trademarks or other Intellectual Property Rights.
- The Password is a code that contains letters, digits and marks. Together with the User name, the Password serves for access to a certain User’s profile.
- If the User forgets his/hers Password, he/she announce that in front of the administrator by sending a message with the button “Forgotten password” and receives a new Password on his/hers email after identifying with Identification number.
- The User is obligated to notify immediately VIP Software Ltd in case of any doubt for unlawful or unauthorized access, stolen or lost email and/or password with an aim to suspend the access to his/hers personal data and avoidance unauthorized actions with the User’s profile.
- USER’S RIGHTS AND OBLIGATIONS
- The User provides the necessary equipment (terminal devices for Internet access and for installing the relevant software applications) and Internet access for using the services, provided by VIP Software Ltd.
- The User has the right to have access in online mode to the services, provided by the Website www.fermaweb.com according the rules and requirements, which are described in the current General Terms and Conditions.
- The User has the right to send to the Owner a written claim for changing his/hers User name.
- The User has the right to provide his/hers User’s content, to which the User has access, to chosen by him/her third parties – persons and/or entities. The User identify the subjects, with whom he/she will share that information, by pressing the virtual button “Share with” and entering third party data.
- The User does not have the right to:
a/ create and disseminate modifications and instructions for modifications, common interface views or language packages.
b/ authorize third parties to use the Product unless the User observe the rules described in the current General Terms and Conditions, the User cannot accomplish reverse engineering, decompile, create derivative developments based on the Product.
c/ use the Product on a way that encourages or helps terrorist activities and organizations, software piracy or any other form of illegal or harmful activity.
d/ change and/or remove any marks or labels, related to Owner’s copyright from any part of the code and from the titles of any script file.
e/ disseminate the Product (unless there is a distribution contract between the User and VIP Software Ltd).
f/ disseminate separate copies of the files, libraries or other program materials, which are part of the product package.
g/ disseminate or modify graphic elements, source code or any other part of the content of the carrier on which the User received the Product. The User cannot use, disseminate or modify the code of other applications, which are complement with the Product.
h/ to adapt old versions of the Product, to change the executable code, to disassemble, copy and sell the Product.
- The User undertakes to obstruct the activities, described in point 17 from the current General Terms and Conditions from his/hers employees, counterparties, persons and entities, fulfilling actions in his/hers interest.
- While using the provided Services, the User undertakes not to dispose on Owner’s server and not to make public to third parties on any way the User’s content – information, data, text, sound, files, software, music, video, photographs, graphics, audio materials, messages or any other materials or electronic links to materials:
- That contradicts to Bulgarian legislation, the applicable foreign legal acts, the current General Terms and Conditions, Internet ethics, moral rules and public order.
- Which contain violence (including animal violence), agitation to violence, humiliation of human dignity, threat for human life or integrity.
- With pornographic or openly sexual content.
- That contain clearly discernible bodies of victims of car crashes and other severe accidents.
- Which insult certain religion or contain religion agitation.
- Which are subject of someone else’s intellectual property right unless the right holder gave the User his/hers explicit consent.
- That violate any property or non-property rights or legal interests of third parties.
- Which propagate to discrimination based on gender, race, education, age and religion or which preach fascist, racial or other undemocratic ideology.
- Which affects someone else’s good name and agitates to violent change of constitutional order, to committing crimes, to violence on persons or to ignition of racial, ethnic, religious or national enmity.
- Containing information that encourages or facilitates committing terrorist activity.
- Containing information about someone else’s passwords or access rights without the permission of their holder as well as software for access to such passwords or rights.
- While using the services, provided by VIP Software Ltd, the User undertakes to:
a/ not commit malicious actions under the meaning of the current Terms and Conditions.
b/ notify immediately VIP Software Ltd for every occasion of committed or found violation while using the provided services.
c/ not to present his/herself for someone else or for representative of entity or group of persons, whom the User is not authorized to represent. The User cannot mislead in any other way third parties about his/her identity or about his/her belonging to a certain group of people.
d/ not to use methods that lead to forced loading of unwanted by the internet users content (“pop-up”, “blind links” etc.).
- The User has the right any time to send a written request to the Owner to cease the use of the services, provided by VIP Software Ltd. The request should contain explicit statement of the User that the User wants deactivation of the provided services or suspending his/hers registration on the Website www.fermaweb.com or to cease using the services mentioned in point 4. From the moment of deactivating the registration (for the unregistered Users – from the moment of ceasing using the services), VIP Software Ltd stops the access of the relevant User to his/hers User’s profile and has the right to suspend the access of the User to the servers and to delete User’s content or part of it, related to the relevant application, which termination was requested according the current General Terms and Conditions. Deactivating a certain service or services does not lead to contract termination.
- The User have the right to access and use content, that is published on the Website www.fermaweb.com, including someone else’s User’s content only for his/hers personal use and non-trading purposes by observing the current General Terms and Conditions.
- The User undertakes not to fulfil or try to gain unauthorized access to services, provided through the Website, by interception or use someone else’s passwords or any other methods, not to evade, damage or disturb in any other way the normal work of technical or software applications on the Website www.fermaweb.com, which prevent or limit the access to someone else’s emails, administrative panels, computer systems and networks, related to the provided services.
- With the acceptance of the current General Terms and Conditions, the User agrees to receive commercial messages from VIP Software Ltd.
- The User does not acquires ownership rights on the software code, design and graphical images as well as on the other elements of the product.
- RIGHTS AND OBLIGATIONS OF VIP SOFTWARE LTD
- VIP Software Ltd undertakes to take the due care for providing the User an opportunity to use the services normally.
- VIP Software Ltd provides the Product in its current stand. Including additional functionalities in it is a subject of additional agreement and remuneration.
- VIP Software Ltd undertakes to remove errors in the Product for the term of the warranty service, if the User send to the Owner a written message with specific information about errors’ character and the conditions, on which they arise. VIP Software Ltd diagnoses the arisen errors in seven workdays from receiving the message and gives an answer if their removal is possible. If the removal is possible, the Owner indicate in what term and how the removal will be accomplished, unless on User’s fault the received information about the errors is not accurate.
- VIP Software Ltd has the right to refuse errors’ removal without remuneration if the errors have arisen due to non-compliance from the User with the instructions for work with the Product or due to technical changes imported by the User in the Product.
- VIP Software Ltd does not have an obligation and objective opportunity to control the way the User uses the provided services and is not responsible for User’s purposes and activity, related to the use of the services as well as for the kind and character of the User’s content.
- In accordance with the requirements of the current Bulgarian legislation, VIP Software Ltd has the right to provide User’s content to public authorities when this is necessary for preserving the rights, legal interests and security of VIP Software Ltd or third parties as well as the occasions when such information is required by competent public authorities in due order.
- VIP Software Ltd has the right to put on each web page of the Website www.fermaweb.com, including on Users’ profiles electronic links, advertising banners and any other advertising forms for services and goods, which are offered by VIP Software Ltd or third parties as well as electronic links and advertising banners pointing to websites, which are out of Owner’s control. VIP Software Ltd is not responsible for the content, accuracy and lawfulness of similar Internet pages or resources and services or resources, which have become available to the User while using services on the Website www.fermaweb.com.
- VIP Software Ltd has the right to send advertising messages to the Users in order to offer information and ads about its own or offered by other companies goods and/or services, to conduct surveys, etc.
- VIP Software Ltd suspend User’s access to his/hers User’s profile and deletes User’s content in seven days from receiving written request according point 21.
- VIP Software Ltd has the right by its own decision and without sending any warning, to suspend or temporarily limit User’s access to the services mentioned in point 4 and to suspend other Users’ access to disposed by him/her User’s content when, according Owner’s opinion or according information received by third parties, the User uses the services in violation with the Bulgarian legislation, the current General Terms and Conditions, good morals or other applicable norms.
- VIP Software Ltd reserves the right to suspend temporarily or permanently the provision of certain services, available on the Website www.fermaweb.com after notifying the User about the suspension by sending a message on the relevant Internet pages, on his/hers User’s profile or by email.
- VIP Software Ltd has the right (but not an obligation) to install cookies on the computers of the registered Users. Detailed information for the cookies, used on the Website, you can receive from the company’s Data Privacy Policy.
- If the due subscription fee of the relevant application is not paid, VIP Software Ltd suspend client’s access to its server and to the created database without bringing any responsibility. In 3 (three) days from receiving a payment, VIP Software Ltd restores client’s access.
- INTELLECTUAL PROPERTY
- While using the services – subject of the current General Terms and Conditions, the User has an access to diverse content and resources, which are subject of copyright or other intellectual property rights of VIP Software Ltd. The User has access to the content for personal needs according the current General Terms and Conditions and does not have the right to use, record, store, reproduce, change, adapt or disseminate publically objects of intellectual property, which had become available to him/her while using the services, unless it is about small amount of information intended for personal usage and only if the User does not affect the interest of authors or other holders of intellectual property rights. Despite of the mentioned above the User does not have the right to remove trademarks and belonging marks of other intellectual property right from available materials, no matter if the holder of the relevant right is VIP Software Ltd or other User.
- Only the User is responsible for lawfulness of the User’s content, which he/she publishes or makes available by using the services on the Website www.fermaweb.com and for his/hers activities related to publishing the content and the consequences of that publishing.
- Intellectual property rights on every object of intellectual property – materials, databases and other resources, which are disposed on the Website outside User’s content on www.fermaweb.com, are under protection according The Copyright and Related Rights Act and/or The Marks and Geographical Indications Act, belong to VIP Software Ltd or respectively indicated person/entity, which remised the right of use to VIP Software Ltd and cannot be used in violation with the current legislation.
- In case the User considers that his/hers rights are infringed by another User, he/she should notify VIP Software Ltd in written form on the specified in the current General Terms and Conditions address of management or by email, indicated for contact with “VIP SOFTWARE” LTD. The notification should contain exact description of the violation, address, and telephone for contact with the User.
- RESPONSIBILITY. LIMITATION OF THE RESPONSIBILITY.
- VIP Software Ltd is taking the due care of providing an opportunity to the User for normal use of services according the current General Terms and Conditions.
- VIP Software Ltd is not responsible for User’s purposes and activities related to using the services as well as for the kind and character of User’s content. VIP Software Ltd is not responsible for the damages, which concern other Users while accessing or using the content, provided from the User or became available on the Website www.fermaweb.com.
- VIP Software Ltd is not responsible for malicious actions, administrative violations or crimes, committed by third parties, on which the User has provided access to the User’s content according point 16, by dint of information, containing in the User’s content.
- VIP Software Ltd is not responsible for availability and quantity of goods and services’ content, provided to the User by publishing on the Website of electronic links, advertising banners and notifications for selling goods and providing services from third parties and/or attaching such to text of advertising messages, send on the email, specified while filling the registration form. As far as those actions are not under the control of VIP Software Ltd, the company is not responsible for unlawful nature of third parties’ activities or for arising, granting, accomplishing, changing and ceasing of undertaken obligations and commitments related to offered by third parties goods and services. The company is not responsible for suffered damages and lost profits, arising from those relationships.
- VIP Software Ltd is not responsible for non-providing the services, if force majeure obstacles, which are out of its control, have occurred – in cases of force majeure, random events, problems in global network Internet. The Owner is not responsible for non-providing services if there are problems arisen from User’s equipment nor in cases of unauthorized access or intervention of third parties in functioning of VIP Software Ltd.’s information system or servers.
- VIP Software Ltd is not responsible for problems, arisen while using the Product, which are a consequence from poor quality service of User’s internet deliverer.
- VIP Software Ltd is not responsible for Product’s work if the computers or devices, on which the Product is used, or the server, on which the Product is installed and their connectivity with the local or global network, do not respond to the minimal technical requirements and parameters for usage of the Product.
- VIP Software Ltd is not responsible toward the User or third parties for suffered damages and lost profits, if such had occurred by suspending, stopping, changing or limiting the provision of any of the services, available on the Website www.fermaweb.com.
- The parties agree that VIP Software Ltd is not responsible for non-providing the services or providing them with degraded quality resulted by performed tests from VIP Software Ltd in order to verify the quality of equipment, connections, networks, etc. and test for improvement or optimization of the provided services. In those hypotheses, VIP Software Ltd notify the User for possibly temporarily non-providing respectively providing with degraded quality of the services.
- By accepting the current General Terms and Conditions, the User declares that he/she realizes the possibility for eventual interruptions and other kind of troubles while making internet connection to the Website www.fermaweb.com, which may occur despite of the care, taken from VIP Software Ltd. The User declares that he/she will not claim any compensation from VIP Software Ltd for lost profits, suffered damages or discomfort, resulted by occurrence of the described above interruption or troubles of the Internet connection including regarding the capacity of this connection.
- VIP Software Ltd is not obligated to provide additional methodic help for working with the Product. For that purpose, there are Helps (helpful texts, which are embedded in the Product). If necessary, the client may receive additional tutorial on determined by VIP Software Ltd prices and conditions.
- VIP Software Ltd is not obligated to provide free technical support for installation and work with the Product with the exception of initial installation after the purchase. If necessary, the client may receive additional technical support on determined by VIP Software Ltd prices and conditions.
- VIP Software” Ltd is not obligated to provide technical support for third parties’ developments, including modifications of the code, common interface views or language packages of any User. In case the Product is modified with third parties’ instructions for modifications or by any other way, VIP Software Ltd has the right to refuse technical support and is not responsible for the actions of unauthorized persons or entities and has a legal justification to bring a legal action against the client and any other unauthorized person/entity (if they are different persons or entities).
- Technical issues about the installation as well as submitting requests for paid software support on the Website www.fermaweb.com are taken only by email: office@vipsoftbg.com. The term for receiving an answer from VIP Software Ltd is 5 (five) work days.
ІХ. PERSONAL DATA PROTECTION
- By visiting the Website and accepting the current General Terms and Conditions, the User agrees that VIP Software L has the right to collect and use information about the relevant User, independently if the person is registered User or not. The information, by which a natural person may be identified, may include name, date of birth, gender and any other information, which the person provides voluntary. The information includes other information that the User imports, uses or provides when purchasing, receiving or using goods and services through the Website, by participating in promotions, lottery and competitions, filling questionnaires, forms, etc. By accepting the current General Terms and Conditions, the User declares that he/she agrees that the personal data that he/she provides to the Owner, will be used by the Owner, will be included in databases and used for or in connection with, but not limited to managing Human Resources, financial and accounting activities, marketing, advertising, healthcare, social-security activities and any other kind of activities. By visiting the Website, the User declares that he/she had been notified by the Owner about the information recipients, the right of access to the personal data, the way of storage and the sphere of use of the data.
- The Owner is a registered controller of personal data according Bulgarian legislature and provides data protection according The Personal Data Protection Act and the by-laws related to this Act. By accepting the current Terms and Conditions, the Users agree that the Owner can process the provided personal data for the following purposes: technical management of the Website and E-shop and their databases, establishment of contact with Users, management of the orders, delivering of goods and any other activities, related to fulfilling the obligations of the Owner and Users, measurement the efficiency of Owner’s services, advertising campaigns, marketing and market researches, pricing policy, sending advertising offers and materials, information about Owner’s products and any similarly information by mail, telephone and/or email; direct marketing; other advertising messages. By accepting the current General Terms and Conditions, the User agrees that while processing the personal data according the stated purposes, the Owner may provide this data to third parties, with which the Owner is cooperating, working or has other relationships related to company’s activity (including courier, transport and forwarding companies).
- Pursuant to art. 34a from The Personal Data Protection Act the User may oppose against the use of the personal data, discloser the personal data to third parties and the use on their behalf for the stated purposes. The User has the right to object against the personal data processing for purposes of the direct marketing by sending a written message to the Owner according the contact data, stated in the end of the current General Terms and Conditions. The User may contact the Owner on the same way if his/hers personal data was filled by unauthorized third parties or about other related problems.
- The User may at any point refuse receiving information about Owner’s products, campaigns, promotions, etc. as well as receiving other advertising and information materials and offers by sending a message on the email office@vipsoftbg.com.
- By accepting the current General Terms and Conditions, the Users explicitly agree that the Owner may send them advertising messages, information, materials, etc., stated in the current General Terms and Conditions on the provided address, email or phone. The following agreement is presumed for provided preliminary agreement pursuant art. 6, par. 4 from The E-commerce Law and art. 49 from The Consumer Protection Law.
Х. PROCESSING THE DATA OF A REGISTERED USER
62. The Owner takes the due care and is responsible for protection of Users’ data, which the Owner obtained in relation to providing the services – subject of the current General Terms and Conditions, except in case of force majeure, random event or malicious actions from third parties.
63. In the registration form, filled by the registered User at his/hers registration, the Owner denotes the obligatory or voluntarily character of data providing and the consequences from non-providing. With expressing an agreement with the current General Terms and Conditions, the Data Protection Policy and the Data Processing Agreement, the registered User agrees that his/hers information will be processed by the described manner.
64. The restrictions according point 57 do not apply if the User or persons/entities, acting on his/hers behalf, have committed malicious actions according the following General Terms and Conditions or have violated rights or legal interests of third parties. In that case, the Owner has a right to provide User’s personal data to the authorized authorities according current legislation.
XI. PURPOSES, FOR WHICH THE DATA MIGHT BE USED
65. The Owner collects and uses the Users’ data according point 1.12. above for the purposes, stated in the current General Terms and Conditions. The data might be used also for offering new goods and/or services to the User, for offering of offered by other persons/entities goods and/or services, for organizing promotions, lottery, requests, surveys, adaptation of the offered services to User’s preferences, for statistics and other purposes. The mentioned purposes, for which the information is used, are not exhaustively listed and do not lead to obligations for the Owner.
66. With acceptance of the current General Terms and Conditions, the User agrees with the processing of his/hers personal data for the purposes of the direct marketing, The User has a right to object against the personal data processing for the purposes of the direct marketing by sending a written message to the Owner of the mentioned address or email for contact.
67. Apart from the specified in the current General Terms and Conditions, Data Protection Policy and Data Processing Agreement cases, the Owner undertakes not to reveal the collected personal data to third parties – public authorities, companies, persons, etc.
XII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
68. VIP Software Ltd undertakes to take the due care for providing an opportunity to the User for normal use of the Website and the E-shop in accordance with the current General Terms and Conditions.
69. VIP Software Ltd does not have an obligation and objective opportunity to control the way that the User is using the provided services.
70. VIP Software Ltd has the right to deactivate and/or delete User name and password for access to the User’s profile of a registered User and/or to delete the whole content if a subscription payment for the services is missing for more than 60 (sixty) days.
71. The Owner has a right to deactivate or delete User name and password for access to the User’s profile of a registered User if the registered User violates an intellectual property right that belong to the Owner on objects of intellectual property, containing on the Website.
XIII. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
72. Insofar as the services, provided by the Owner, are various and constantly supplemented and modified, the General Terms and Conditions might be changed unilaterally by the Owner, in order to improve and enlarge them and due to legislation amendments.
73. When making amendments in the current General Terms and Conditions, the Owner notify the User for the changes by publishing them on the Website. The Owner provides to the User a 7 working days term to get familiar with the changes.
74. If in the term stated on point 73 above, the User does not declare that he/she rejects the amendments, it is presumed that he/she is bonded by the changes. The unregistered Users express their non-agreement with the amendments by ceasing the usage of the services for unregistered Users according the current General Terms and Conditions, provided through the Website.
75. The written form is presumed observed by sending a message on the email office@vipsoftbg.com.
76. Parties declare that if any/some of the clauses in those General Terms and Conditions turn out to be invalid, that will not lead to invalidation of the contract, of other clauses or parts. An invalid clause will be substituted by the imperative clauses of the legislation or the established practice.
XIV. APPLICABLE LEGISLATION
77. For the unsettled with the current General Terms and Conditions matter, shall apply the provisions of the current legislation of Republic of Bulgaria. Any disputes between the Owner and the User shall be arranged by mutual agreement or, if such is not reached, the disputes shall be arranged in front the competent court in Ruse, Bulgaria.
XV. INFORMATION ABOUT THE OWNER AND CONTACTS
- Company’s name: VIP Software Ltd.
- Bulgarian identification number: 117548397.
- Headquarters and management address: Republic of Bulgaria, Ruse, street Stefan Karadzha 10.
- Correspondence address: Republic of Bulgaria, Ruse, street Stefan Karadzha 10.
- Telephone numbers: +359 82 834 188; +359 82 834 189.
- Email: office@vipsoftbg.com.
- Website: http://www.fermaweb.com
Any questions, requests and consultancies to the User may be fulfilled online on email or on the phone in business hours: from 09:00 to 17:00 o’clock form Monday to Friday.
The address for correspondence of the Owner is presumed for address, on which the User may send any complaints pursuant art. 47, point 4 from The Consumers Protection Act.
The current General Terms and Conditions are in force from 16.05.2018.