Terms of Service
I. Introduction
These Terms of Use of the Service (hereinafter “Terms”, “Terms”) govern your access to and use of our Services, including any part or module thereof, SMS, API, applications, notifications sent via email and/or through third-party applications, the term Services also means the product, mobile devices, internet applications, as well as the website (collectively or individually “Services”, “Service”, “Platform”), operated by VIMRON s. r. o. ID: 44 817 134, with registered office in 851 01 Bratislava, Kopčianska 35, registered in the Municipal Register of the Municipal Court Bratislava III, section: Sro, file 59411/B (hereinafter referred to as “VIMRON”, “we”, “our company”). The terms “your”, “you” or “user” refer to all individuals and entities who access and/or use the Services. The terms “Device” and/or “Product” means any device sold by VIMRON.
The Services are intended for use by users who are at least 18 years of age.
We also provide and operate other Services, such as (i) the website located at www.vimron.com, including all urls and websites managed by VIMRON or within the domains and/or subdomains of vimron.com (“Site”), (ii) services available on the Site and/or provided through the Site (“Site Services”), (iii) software that can be downloaded to your mobile device (“Mobile Software”).
Our Privacy Policy also governs your use of our Services and explains what information we collect, how we collect, store, use, protect and disclose information resulting from your use of our Websites and Services. You can read them at any time on our website.
Your agreement with us includes these Terms and our Privacy Policy. READ THEM CAREFULLY.
The Terms and our Privacy Policy also apply to visitors to the Site as well as other entities who wish to access or use the Services. If you do not agree to the Terms, then you are not authorized to register, browse, access and use the Services and/or any part thereof.
II. Scope and acceptance of the Terms and Conditions
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These Terms and Conditions, together with the Privacy Policy, are available at www.vimron.com/legal and form the entire contractual basis governing your access to and use of the Services.
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By agreeing to register on the relevant Site, access and/or use the Services and/or any of its parts, you agree and acknowledge that you have carefully read, understood and agree to be bound by the provisions of these Terms and agree to the Privacy Policy.
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If you do not agree with the Terms after agreeing to them, or after they have been changed by us, you have the option to stop using our services and cancel your registration. In this case, you acknowledge that you will not be able to fully use the Equipment you use and/or purchase.
We recommend that you carefully read and thoroughly familiarize yourself with our General Terms and Conditions. You can find the current wording at www.vimron.com/legal
III. Use of the Services
The Services are intended for use by users who are at least 18 years of age. Users under the age of 18 may not use the Services without the consent of a parent or legal representative, who is required to have a created and active user profile for that purpose. The Services do not contain any content prohibited for persons under the age of 18.
III.I Site and Platform Services
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Site Services include the option to purchase Equipment, accessories and the corresponding subscription to use the service (“Purchase“). As part of the Purchase, you may be asked to provide some additional information relevant to your Purchase, including payment data in the scope, payment card number, billing data, delivery data and the like.
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By providing the information required for a Purchase, you represent and warrant that: (i) you have the legal right to use any credit card in connection with any Purchase; and that (ii) the information you share with us is true, correct and complete.
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We may use third-party services to facilitate payment and purchase completion. By submitting your information, you grant us the right to provide that information to those third parties subject to our Privacy Policy. At the same time, you acknowledge that without providing the above information, it is not possible to conclude a sales contract with you at a distance and you are not authorized to make a Purchase.
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Access to the Platform and its functionalities is charged in the form of a monthly, semi-annual and/or annual subscription.
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The services provided through the Platform are intended primarily for the purpose of monitoring things, property, animals and measuring physical quantities. In the event that you intend to carry out monitoring of persons, you acknowledge that you are obliged to inform them in advance about the given fact, or to obtain their prior consent in accordance with the valid legal regulation of the state in whose territory you intend to carry out monitoring. VIMRON is not responsible for illegal monitoring of persons, things and property.
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You are authorized to use the Services only in accordance with these Terms, applicable laws, rules and regulations.
III.II Accounts
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When you create an account with us, you warrant that you are over 18 years of age and that the information you provide to us is always accurate, complete and up-to-date. Inaccurate, incomplete or outdated information may result in the immediate cancellation of your account on the Service.
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You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to be responsible for all activities or activities that occur under your account and/or password, whether your password is on our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
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You may not use as a username the name of another person or entity, or that is not legally available for use, a name or trademark that is subject to any rights of a person or entity other than you, without appropriate permission. You must not use any name that is offensive, vulgar or obscene as a username.
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Choose a password for the account so that it is not easy to guess, do not use simple passwords, do not use the names of family members or pets. Use a password that contains at least 8 characters, upper and lower case letters, characters and numbers.
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We reserve the right to refuse Service, terminate accounts, remove or edit User Content, or cancel orders at our sole discretion.
IV. Subscription
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Some parts of the Service are billed on a subscription basis (hereinafter “Subscription”). You will be billed in advance on a recurring and regular basis (the “Billing Cycle”). Billing cycles are set monthly, semi-annually or annually depending on the type of subscription plan you choose when you purchase a Subscription.
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At the end of each billing cycle, your Subscription will automatically renew on the same terms unless you cancel it or it is canceled by us. You can cancel your subscription renewal either by managing your online account or by contacting the customer support team at support@vimron.com. In the case of contacting the customer support team, we ask you to send a request to cancel the subscription well in advance, before the date on which you plan to cancel the subscription, and to mark the subject of the email message as “Cancellation of the subscription”; if you do not do so, it may happen that your request will be processed after the date on which you request the cancellation of the subscription, in which case VIMRON is not responsible for the late processing of your request and may not accept the cancellation of the subscription on the date requested by you. However, VIMRON will subsequently cancel your subscription for the following month after the day you requested its cancellation.
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A valid payment method, including a credit card, is required to process your subscription payment. In order to process the payment, you must provide VIMRON with accurate and complete billing information, including your full name, address, state, zip code, phone number, email address, and valid payment method information. By submitting such payment information, you automatically authorize VIMRON to charge all Subscription fees incurred through your account.
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If the automatic invoicing does not take place for any reason, VIMRON will issue an electronic invoice indicating that within a certain period you must proceed with the payment manually with full payment corresponding to the invoicing period indicated on the invoice.
IV.I Subscription changes
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VIMRON, at its sole discretion and at any time, usually once a year at the end of the current year, may adjust the Subscription fees. Any change to the subscription fee will become effective at the end of the current billing cycle.
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VIMRON will provide you with reasonable advance notice of any change to the Subscription Fees so that you have the opportunity to terminate your Subscription before such change becomes effective.
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VYour continued use of the Service after the subscription fee change becomes effective constitutes your agreement to the adjusted amount of the subscription fee that you are required to pay after the fee change becomes effective.
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Except as provided by applicable law, subscription fees are non-refundable.
V. Use of the Services and their content
V.I User Generated Content
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Our Services allow you to post, link to, store, share and otherwise make available certain information, text, graphics, geographic location or other material (“User Content”). You are responsible for the content you post on or through the Service, including its legality, reliability and appropriateness.
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By posting User Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as set forth in these Terms, and (ii) that the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights and intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of any user found to be in violation of copyright.
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You retain all of your rights to any of your content that you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We are not responsible for, and assume no responsibility for, User Content posted by you or any third party on or through the Service. However, by posting User Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Service. You agree that this license includes the right to make your content available to other users of the Service, who may also use your content subject to these Terms.
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VIMRON has the right, but not the obligation, to monitor and edit all content provided by users.
V.II Content of the Services and rights to them
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The Services contain all types of information and materials, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, links to websites, video files or other animated images, designs, music, audio files or other sounds, compilations, graphics and data files and any other content owned or licensed by any third party VIMRON, including other users of the Services, excluding User Generated Content as defined below (collectively “content”).
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The Services and Content are protected by the laws of the Slovak Republic on intellectual property, trademarks and any other laws or regulations that may apply. You acknowledge and agree that VIMRON (or its licensor) owns all legal right, title and interest in the Services and Content, including any intellectual property rights that apply to the Services and Content (whether or not these rights registered or not, and wherever in the world these rights may exist). You further acknowledge that the Services may contain information designated by VIMRON as confidential and that you will not disclose such information without VIMRON's prior written consent.
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VIMRON grants you a personal, worldwide, fee-based, non-transferable, non-transferable and non-exclusive license to use the Content provided to you as part of the Services. This license is solely to enable you to use and enjoy the benefits of the products you have registered on the Site and, if you have the right to be registered, to access or use the Services in the manner permitted by these Terms of Use. You may not, or permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, publish, download, display, perform, publish, transmit, sell, commercially use, create derivative works of, reverse engineer, decompile or otherwise attempt to obtain any code from the Services and Content, unless expressly agreed to in writing by VIMRON. You agree not to use any data mining, bots, scraping or similar data collection methods.
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No other use of the Services and Content is permitted without VIMRON's prior written consent. All copyright and other proprietary notices contained in the original Content must remain on any copy you make of the Content.
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The trademarks, logos, domain names and other identifying elements of VIMRON (“Trademarks”) used and displayed in these Services are owned or held by VIMRON. Other product and service names available through the Services may be owned by third parties (hereinafter referred to as “Third Party Trademarks” and together with the VIMRON trademarks “Trademarks”). Except for the licenses and rights expressly granted herein as part of these Terms of Use, nothing in the Services, the Content, or these Terms of Use should be construed as granting VIMRON, by implication or otherwise, any license or right to use any of the trademarks displayed on the Services without the prior written consent of VIMRON. The Trademarks may not be used to disparage or harm in any way VIMRON or the products and/or services of third parties who, on any contractual legal basis, are legitimately using VIMRON's products, Content and Services. The use of any trademarks as part of a link to or from any website is prohibited without the prior written consent of VIMRON. Any Content created in good faith using any of VIMRON's trademarks is deemed to be non-infringing content created for the benefit of VIMRON.
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Certain elements of the Services are protected by product design, trademark and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to the use of framing or mirroring, unless otherwise expressly provided in these Terms. No content of the Services may be retransmitted without the express written consent of VIMRON in each instance.
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In addition, content found on or through the Service is the property of VIMRON or is used with the permission of VIMRON and/or third parties. You may not distribute, modify, transmit, reuse, download, forward, copy or use this content, in whole or in part, for commercial purposes or for personal gain without express written permission.
V.III Changes in Services
VIMRON reserves the right to cancel or change the Service and any service or material that we may provide for free through the Service, at our sole discretion, without prior notice. We shall not be liable if for any reason all or any part of such Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or all of the Service to users, including registered users.
V.IV Restrictions on the use of the Services
You agree that: (i) you do not take any action that would unreasonably burden the infrastructure of the Services, (ii) you do not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Services, or any activity performed on the Services, (iii) you will not attempt to decipher, decompile, disassemble or reverse engineer any software that contains or constitutes the Services, (iv) remove or alter any material posted on the Sites or by any other person or entity and/or (v) frame or link to any from the materials or information available on these Services.
VI. Copyright protection policy
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We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Services infringes the copyright or other intellectual property rights (“Infringement”) of any person or entity.
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If you believe in good faith that you are, are the copyright owner, or are authorized on behalf of the copyright owner and believe that a copyrighted work has been copied in a manner that constitutes copyright infringement, please email your request to support@vimron.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged copyright infringement along with your identifying information.
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You may be liable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims of infringement of your copyright by any content found on and/or through the Service.
VII. Report errors, feedback
VIMRON appreciates your interest in products and Services. You may provide us with information and feedback regarding errors, ideas, problems, complaints and other matters related to the Services and Products (“Feedback”). You acknowledge and agree that: (i) you will not retain, acquire or assert any intellectual property right or other right, title or interest in the Feedback; (ii) VIMRON may have ideas for development similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information of you or any third party; (iv) VIMRON is not obligated to maintain confidentiality with respect to Feedback; (v) VIMRON may use, distribute and/or commercially exploit the Feedback and/or any part thereof without restriction and at its sole discretion; (vi) VIMRON has no obligation to review the Feedback and/or provide you with a response to the Feedback.
By submitting Feedback, you grant VIMRON and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited and perpetual right to use (including copying, modifying, creating derivative works, publishing, distributing and commercializing) the Feedback in any manner and for any purpose.
By submitting Feedback, you represent and warrant that you are the original and sole creator of the Feedback and that you are legally free to publish and use it. You are solely responsible for any damages resulting from the provision of any information that is protected by copyright, intellectual property rights, trade secret laws, patent rights, design rights and/or other proprietary rights to third parties and/or entities.
By submitting Feedback, you understand and agree to our Feedback Policy and accept it without reservation.
In the event that the transfer of ownership of the Feedback is not possible due to applicable binding laws, you grant VIMRON and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited and perpetual right to use (including copying, modifying, creating derivative works, publishing , distribution and commercialization) Feedback in any way and for any purpose.
VIII. Links to other websites
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Our Service may contain links to third-party websites or services that are not owned or controlled by VIMRON.
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VIMRON has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites or services. We do not guarantee the offers of any of these entities/individuals or their websites.
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YOU ACKNOWLEDGE AND AGREE THAT VIMRON SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY WEBSITES OR SERVICES BY OR THROUGH THEM. WE STRONGLY RECOMMEND THAT YOU READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES YOU VISIT.
IX. Content of Warranties and Disclaimer of Warranties
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VIMRON PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE”BASIS. VIMRON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED BY YOU FROM US IS AT YOUR SOLE RISK.
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NEITHER VIMRON NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY OR ANYONE ASSOCIATED WITH THE COMPANY REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED MADE IN THE SHORT PERIODS OF TIME THAT THE SERVICES OR THE SERVER , THAT MAKES THEM AVAILABLE, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
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VIMRON IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY (i) STOPPING AND/OR RESTRICTION OF SERVER OPERATION, (ii) UNAVAILABILITY OF DATA, (iii) LOSS OF DATA AND THEIR CHANGE, IF IT HAS OCCURRED BY (i) VIOLATION OF THE CONTRACT TERMS BY THE USER, (ii) FAILURE TO FULFILL OF ITS PREVENTIVE OBLIGATIONS, AS A RESULT OF AN EXTRAORDINARY, UNPREDICTABLE AND INCONVENIENT OBSTACLE OCCURRING INDEPENDENTLY OF VIMRON'S WILL (FOR EXAMPLE, FORCE MAJEURE) OR AS A RESULT OF FAILURES IN THE EQUIPMENT OF ELECTRICITY SUPPLIERS AND TELECOMMUNICATIONS CONNECTIONS.
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VIMRON IS NOT RESPONSIBLE FOR USER'S LOST PROFITS; VIMRON SHALL BE LIABLE FOR ACTUAL DAMAGES INDIVIDUALLY OR COLLECTIVELY ARISING OUT OF OR RELATED TO THE SITE AND SERVICES (RESPECTLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY I ON LEGAL THEORY) UP TO A MAXIMUM OF DOUBLE THE RELEVANT MONTHLY FEE FOR SERVICES.
X. UTermination of Services
In addition to termination of services in accordance with Article IV. point II. Condition, VIMRON may terminate the contractual relationship with you if:
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you have breached any provision of these Terms and/or you act or have acted in a manner that clearly demonstrates that you do not intend or are unable to continue to comply with the provisions of the Terms,
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the termination of the contractual relationship follows from the relevant laws,
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the relationship with a third party that offered VIMRON products and/or Services was terminated, or the third party decided not to offer VIMRON products and/or Services,
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you have not repeatedly paid fees for the provision and/or use of the Services properly and on time; you repeatedly pay fees late, or only partially,
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for other reasons provided for by law.
XI. Changes and additions to the terms
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We may change the Terms at any time by posting the changed Terms at www.vimron.com/legal. It is your responsibility to regularly check for any changes to the Terms.
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By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
XII. Protection of personal data
We are aware of the need to protect your personal data and we consider their protection very important. We collect and process personal data when using the Services in accordance with Act No. 18/2018 Coll. on the protection of personal data, with Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (GDPR) and recommendations. Please see our Privacy Policy for more information.
XIII. Final Provisions
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These Terms of Use are governed by the law of the Slovak Republic. Any dispute arising from the Terms will fall under the exclusive jurisdiction of the relevant Slovak courts.
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In the event that any of the provisions of the Agreement is/become invalid, ineffective or unenforceable, the validity of the other provisions remains unaffected.
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The contracting parties undertake to resolve disputes, including disputes about the validity, interpretation or cancellation of the Terms, preferably by negotiation and mutual agreement of the contracting parties. If the contracting parties do not reach an agreement on the dispute, any of the contracting parties is entitled to file a lawsuit in the court, competent according to procedural Legal regulations, or for the avoidance of doubt, it is stated that the contracting parties hereby agree on the jurisdiction of the courts of the Slovak Republic. At the same time, the contracting parties exclude the application of any conflict of laws rules regulated in bilateral and/or multilateral international treaties and/or agreements that are part of the legal order of the Slovak Republic.
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These Terms and Conditions enter into force on 01.10.2024 and cancel the previous Terms and Conditions. VIMRON reserves the right to change or supplement these Terms and Conditions without notifying the user. The current and valid text of the Terms and Conditions can be found on the website www.vimron.com/legal
XIV. Confirmation
BY USING THE SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.