1.1 The website offers you the possibility to subscribe to Brix Licence.
1.2 The purpose of the hereby Terms and conditions is to define the contractual and commercial relationship between Nova ICT, on one hand, and any subscriber.
1.3 These terms and conditions shall govern your use of our website and the services on our website.
1.4 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.5 If you register with our website, we will ask you to expressly agree to these terms and conditions.
1.6 Our website services are designed for business customers only. You must not use our website services except in the course of business.
1.7 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.1 You may only use our website for your own business or organisational purposes, and you must not use our website for any other purposes.
3.2 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.1 To be eligible for an account on our website under this Section 4, you must be a legal entity or a natural person registered for customs purposes (have EORI number).
4.2 If you register for an account with our website, you will be asked to enter your E-mail address and choose a password.
4.3 You must keep your password confidential.
4.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
4.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
4.6 We may:
(a) suspend your account; and/or
(b) cancel your account, at any time in our sole discretion without notice or explanation.
4.7 You may cancel your account on our website by sending to us a written cancellation request.
5.1 You can install Brix Licence as the single-user license on a personal computer or laptop that meets Minimum and Recommended System Requirements.
5.2 Brix Licence is subject to End-user license agreement (EULA), and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.3 Use of the Brix Licence is on a monthly subscription basis. The Brix Licence is activated when the subscription is confirmed.
6.1 The Brix Licence Subscription fee exclusive of applicable value added taxes is listed on the site.
6.2 It is possible that fees on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.3 You must pay the Subscription fee for Brix Licence in advance.
6.4 You can pay a Subscription fee each month via:
(a) credit card with automatic e-payments or in the non-repetitive method of payment; or
(b) bank transfer according to the proforma invoice; in accordance with any instructions on our website.
6.5 For
secure acceptance, processing and payment management for cards we use the
service of the Payment service provider Corvus Info (and)/or Braintree.
The information you enter into the payments process to a Payment service
provider is not available to us.
6.6 We
may vary prices from time to time by posting new fees on our website, but this
will not affect fees that have been previously paid.
In case you choose automatic e-payment, you will be informed by mail or another
reasonable manner 30 days before changed fee takes place.
If you do not agree to the fee change, you must terminate Subscription before
the fee change takes effect.
6.7 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
6.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
7.1 Within 14 days from subscription starting date on your emailed request, without giving any reason, you can unilaterally terminate the subscription; in that case, you will be entitled to refund for the period from the date of termination until end of the month.
7.2 In order to terminate automatic e-payment subscription, you must notify us through your account by clicking 'Terminate my subscription'. The termination will be effective at the end date of the current subscription date.
7.3 We may suspend your Subscription immediately by giving written notice to you if:
(a) any amount due to be paid by you is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) we have given to you at least 7 days' emailed notice, following the failure to pay, of our intention to suspend the Subscription in accordance with this Clause 5.7.
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
8.2 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our employees).
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions.
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.1 Subject to Section 9.1, these Terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website.
15.1 These terms and conditions shall be governed by and construed in accordance with Croatian law.
15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Croatia.
16.1 This website is Online shop owned and operated by Nova ICT LLC.
16.2 We
are registered in Croatia at the Commercial court in Zagreb under registration
number (MBS) 080201425, Company equity 20.000 kn, VAT ID HR04878823192;
The account at OTP banka d.d.; IBAN: HR4324070001100664099;
Members of the Board are Tomislav Ramljak and Zoran Peručić;
Phone +385 (1) 4550 811, E-mail: nova@nova.hr.
16.3 Our principal place of business and registered office is at Ulica grada Vukovara 271, 1000 Zagreb, Croatia.