These general terms and conditions (hereinafter: Terms and Conditions or GTC) set out the terms of use of the https://m360soft.com website (hereinafter: Website) and the consumer agreements between the users (hereinafter: Users) and Atlas Soft Kft. as seller (hereinafter: Atlas Soft) – a business association registered under ICO number 01-09-986926, with its principal office registered at Hunyadi u. 6., Budapest, 1191 (hereinafter: Company), unless such consumer contracts are regulated by separate agreements.
Atlas Soft requests Users to thoroughly read and understand the Terms and Conditions regulating the contracts concluded with Atlas Soft and setting out their rights and obligations arising from such contracts. If the User does not agree with any of the provisions hereof, Atlas Soft requests the User to refrain from using the Website and the products sold on the same. The User acknowledges that by registering on the Website and ordering any products or services offered on the same, it has accepted the provisions of the Terms and Conditions.
DEFINITIONS
These definitions shall be applicable both to the Terms and Conditions and other policies of Atlas Soft, including, in particular, the Policy on the Right of Withdrawal and the Privacy Policy.
User: User shall refer to any natural person, legal person or business association without legal entity that opens and views the Website and that registers or places an order on the same. The terms “buyer”, “customer” and “consumer” shall have the same meaning as the term “user”. The user account may not be resold or shared.
Website: The website shall refer to any and all websites of Atlas Soft, including, in particular, the website www.m360soft.com. The terms “website”, “page” and “site” shall have the same meaning as the term “website”. Website shall mean all applications available to desktop computers, tablets, mobile phones and other computing or electronic devices through the use of which the websites of Atlas Soft may be accessed.
Software: Software means all software programs distributed, published or otherwise made available by Atlas Soft or its affiliates including, but not limited to downloadable/installable software for computers, and software or services accessed by means of a browser or other online communication method.
Discount code: Any and all numeric or alphabetic line of code specified by Atlas Soft or the m360soft.com Website and displayed on the Website through the use of which a (price) discount expressed either in percentages or a sum may be obtained from the price of the order or the product. “coupon code” and “voucher code” shall bear the same meaning as “discount code”.
PROVISIONS
The User acknowledges that by using the Website, it expressly agrees to the Terms and Conditions of Atlas Soft as well as any related policies (including, in particular, the Policy on the Right of Withdrawal and the Privacy Policy) and consents that Atlas Soft forward its data (including their latest data) to third parties and obtain its data from third parties; including, but not limited to the payment data of the webpages accepting debit and credit card payments, as well as the data used for verifying the personal identity of the User, the validity of its credit or debit card and the authentication of the credit or debit card during individual transactions.
The Website’s language of communication is English. In the case of any discrepancies between the different language versions, the English language version shall prevail.
1. Amendments, software tracking
Atlas Soft reserves the right to:
1.1. modify the Terms and Conditions from time to time, by publishing each modification at the Website in due time. The User shall be responsible for checking the Website from time to time to learn about possible modifications. The modifications shall be deemed to have taken effect when published on the Website. If the User does not wish to accept the modified terms and conditions, the User should refrain from using the Website. By continuing to use the Website after the entry into effect of the modified terms and conditions, the User agrees to be bound by the same;
1.2. to modify or delete either the entire Website or a part thereof, either on a temporary or permanent basis without the prior consent or notification of the Users. Atlas Soft shall not be held liable for any damages arising in relation to such modification or deletion;
1.3. to render the password or ID code either provided by the Website or chosen by the User impossible to be used if it believes that such password or code or the use thereof does not comply with any provisions of the general terms and conditions.
1.4. Atlas Soft Kft. reserves the right to update and modify the software from time to time. These changes may include, but are not limited to, adding new features or removing existing features. Atlas Soft Kft. reserves the right to discontinue maintenance and support of certain versions of the software, which may result in software instability.
1.5. User expressly acknowledges that the software may become partially or completely temporarily unavailable / inoperative due to repair, upgrade or maintenance, or for reasons beyond the control of Atlas Soft Kft. (force majeure).
2. Registration
By using the Website, Users warrant that:
2.1. it is entitled to conclude the contract with Atlas Soft (it has full capacity and its ability of understanding is not impaired in any manner whatsoever);
2.2. it is at least 18 years of age (it has reached the age of majority);
2.3. the personal data it provided in the course of registration and the conclusion of the contract (placement of the order) are true, timely, complete and accurate and such data do not belong to a third party;
2.4. the use and functionality of the software sold by Atlas Soft are not prohibited, do not constitute a criminal offence and do not violate any provisions of the laws in the country where the User’s registered office, site or registered address is located.
The User shall inform the customer service of Atlas Soft of any changes concerning its personal data via the message centre (email or ticket).
3. Data protection
Atlas Soft acknowledges that all personal data of Users are confidential and may only be used and processed in accordance with the provisions of the Privacy Policy. By using the Website, the User consents to the use of its personal data and warrants that the data provided are true and valid.
If the User purchases on the Website, it shall provide its personal data for personal identification purposes, including, in particular, its full name, email address, billing address, shipping address, phone number, credit and debit card data and other data related to payment. We hereby confirm that such data will be archived in accordance with the act on data protection.
4. Protection of the security of Users
In order to ensure that the data of your credit or debit card are not used without your consent, Atlas Soft reserves the right to review the name, address and other personal data provided by the User upon the placement of the order and thereafter or to have such data reviewed by appropriate third parties.
Atlas Soft considers preventing Internet fraud to be of priority importance. In light of the increasing tendency of frauds committed with credit and debit cards on a global level, Atlas Soft expressly strives to ensure that all orders are properly verified based on the information provided. In light of the foregoing, Atlas Soft may contact the Users and may request their cooperation in the aforementioned verification for the protection of the security of Users. Atlas Soft will contact competent authorities without undue delay in the case of any transactions involving fraud risk.
Upon accepting the Terms and Conditions, Users also accept such data verification. The personal data provided in the course of data verification as well as the result of data verification may be stored by the competent authorities. Atlas Soft ensures that such activity only aims for personal identification and does not serve the purpose of checking or rating the financial solvency of the Users. All data obtained by Atlas Soft will be processed in a secure manner, in compliance with the Hungarian data protection act.
5. Legal compliance
The Website may only be used in compliance with the laws and for purposes permitted by law. By using the Website, Users declare their express agreement with the proviso that they agree with all provisions of the laws. In particular, Users accept that:
5.1. they shall not upload or forward any viruses, Trojan codes, computer worms, logical bombs or any other malware to the Website that are suitable for disrupting the uninterrupted operation of computers and websites or that may hinder, halt or interfere with the operation of the same;
5.2. they shall not upload or forward to the Website any content suitable for committing defamation or slander or materials containing vulgar expressions or carrying such connotation;
5.3. they shall not attempt to intrude into or enter the Website or the server of Atlas Soft in an unauthorised manner, and shall not attempt to obtain the server data and other computer technology data stored by the Website or related to the same. It is prohibited to commit cyber-attacks against the Website by any means whatsoever, including in particular via denial-of-service or DDoS attacks.
The breach of this provision shall give rise to legal consequences, with special regard to the fact that such acts constitute criminal offences under the provisions of the criminal code as may be in effect from time to time. In the case of a suspected violation of the laws, Atlas Soft will immediately take the necessary legal actions, as a result of which it will closely cooperate with competent authorities in verifying the identity of the suspect and in investigating the unlawful action. If such a violation is suspected, the suspected User will be banned from using the Website effective immediately.
Atlas Soft shall not be held liable for damages or loss caused by DDoS attacks, computer viruses or other malicious technical content that may concern your computer, the hardware and software thereof or any other computer data content or data of the same that resulted from the use of the Website, uploading data to or downloading data from the Website, the placement of any links or from writing feedback.
6. Third party links
Links and other content beyond the control of Atlas Soft may be displayed on the Website as services provided to our Users. Atlas Soft hereby calls the attention to the fact that it shall not assume any liability whatsoever in relation to such links, websites and the content thereof, with special regard to the fact that such links, websites and the content thereof are not subject to the development activity and are beyond the control of Atlas Soft. Neither does Atlas Soft assume any liability as regards the privacy policy and data content of such third party websites or any assumed or actual damages, losses or violations that have been caused or may be caused by the use of such third party websites or the commercials, advertisements, products or services displayed by the same.
7. Orders
All orders are subject to the availability of products and the acceptance of the order. If the product ordered is not available, Atlas Soft will inform the Customer of such circumstance via email (or, if no email addresses have been provided or if the email address has not been provided correctly, via other possible means of communication). This way, the Customer may either decide to wait until the product is available again or to cancel the order.
All orders placed for purchasing products or services shall constitute an offer. Atlas Soft reserves the right to reject such offers from time to time. The confirmation of a successfully placed order (sent by Atlas Soft to customers automatically upon the registration of the order in its system) may not be construed as the acceptance of the offer in terms of the products or services specified in the order and offered on the Website. The relevant Agreement between the User and Atlas Soft shall be deemed to have been effectively entered into when:
7.1. the applicable Purchase Price has been duly debited on the User’s bank card or credit card supplied, or via another payment method used; or
7.2. the ordered Goods have been duly dispatched to the User, or the rendering of the Services ordered has been started;
7.3. with that when the preconditions set forth in Sections 7.1 and 7.2 herein are both met, the Agreement shall be deemed to have been entered into when the second precondition has been met, and when Atlas Soft has duly sent an email confirmation to the User about the Goods ordered having been duly dispatched (hereinafter referred to as the “Goods Dispatch Confirmation”) (which document is meant to confirm that the relevant Agreement is entered into between the Parties).
The relevant Agreement is entered into between the Parties solely in relation to the Products or Services specified on the Goods Dispatch Confirmation. Atlas Soft has no obligation to send any Products or render any Services to the User included in the relevant Order but not shown on the related Goods Dispatch Confirmation sent.
Atlas Soft shall endeavour to safeguard all data contained in the Order placed and related to the given payment transaction—while the same is being processed solely by Atlas Soft. Unless any negligence is shown by Atlas Soft during the data processing activities, Atlas Soft refuses to take any liability for any potential loss or damage arising at the User’s side, due to the fact that any third party has gained unauthorised access to, or obtained any data, supplied by the User while logging into the Website, or placing an Order.
Atlas Soft grants no consent to anyone to resell the Products shown on the Website, neither allows the User to grant an access to any third party to his/her own user account registered with the Website. Further, in case of any alleged Product resale taking place, Atlas Soft reserves the right to disregard any Order placed, or to suspend any user account, or deny access for the User to the Website.
Once the Goods ordered have been duly delivered to the User’s shipping address indicated, all related liability shall be with the User. Atlas Soft refuses to take any liability for the shipment of any Orders for which the User has supplied an incorrect or incomplete shipping address, or if the parcel delivered was failed to be duly accepted by the User at the shipping address provided.
8. Right of withdrawal
For general Consumer Agreements, the law grants a right to the Consumer to unilaterally withdraw from the Agreement within 14 days upon the relevant Goods being delivered and accepted, or the Services started to be rendered. The right of unilateral withdrawal from the Agreement is not available for the Consumer, if any consumer product delivered has been removed from the original packaging (except for the product being damaged during shipment).
If the Customer decides to exercise his/her right for unilateral withdrawal from the Agreement within the applicable deadline, the Customer shall read the Policy on the Right of Withdrawal and contact our Customer Service Desk.
9. Prices and payment method
All prices stated on the Website are inclusive of the applicable VAT (at the mandatory rate). Atlas Soft reserves the right to change the prices listed without any prior notification sent to the Users (with that the Users may consider the price stated on the Goods Dispatch Confirmation as final, with no later modification possible).
If the shipping address supplied by the Customer is outside China, certain additional costs, charges, customs duties or stamp duty (and the applicable VAT) may arise related to the Order, as mandatory and applicable in the given country, where the Goods are shipped to, and related to the shipping, which are not included in the prices stated on the Website. Any such surcharges shall be solely borne by the User. Atlas Soft hereby informs the Users on that such additional charges vary by country, so all Users shall obtain specific advice on the applicable charges from the relevant official authorities (Tax Authority) of the given country.
Users can use credit cards or debit cards enabled for online payment (with a CVC/CV2 code), or use another payment method accepted by the online payment system used. The applicable Purchase Price for the Products or Services will be secured via the applicable payment method prior to the Products being dispatched, or the Services start being rendered to the User.
If the price has been erroneously stated at the Shopping Cart or Checkout section, or anywhere else on the Website, and this is noticed before the Goods are dispatched by Atlas Soft to the User, or before the Services start to be rendered, Atlas Soft retains the right to act in line with what is stated in Sections 8 and 9 of the Terms and Conditions, meaning that Atlas Soft is not obliged to dispatch any Goods or render any Services to the User at an incorrectly stated price. Atlas Soft acts with due diligence to ensure that all prices stated on the Website are correct, nonetheless errors might occasionally occur. If Atlas Soft itself notices any mistake with the price of any Product or Service stated on the Website, Atlas Soft will contact the Customer directly, and the Customer then has the right to decide whether to retain his/her Order previously placed, at the corrected price level, or to cancel the Order. If the Order is cancelled (before the Goods are dispatched) but has been duly paid already, the full corresponding Purchase Price paid shall be duly repaid.
All Users shall be liable to warrant that they have a lawful right to use the bank card or credit card presented for payment. The users of all bank cards and credit cards shall duly acknowledge the fact that the validity and the User’s name for the payment method applied (bank card used) shall be verified by and with the relevant card issuer. Our Company refuses to take any liability for any delay occurring in the shipment, or for any Products ordered but remaining undelivered, due to the fact that the bank card issuer has rejected to authorise or did not provide authorisation to make the corresponding payment transaction, for any consideration.
10. Copyrights
All contents of the Website are copyright protected and protected by the applicable patent protection, data privacy laws, and other intellectual property laws; therefore, it is prohibited to use or copy any of the contents or registered trademarks thereof. It is hereby acknowledged by all Users that despite the fact that the contents of this Website are made available to the Users, the relevant copyright protection applies.
Users shall have the right to display and view the contents of the Website on their own computer or other electronic devices used for display (mobile phone, tablets, etc.), and to save the contents in a digital format (however, they shall not be entitled to create any network link to any server or other data storing devices), and the Users shall have the right to print the contents of the Website for their own personal use, but not for commercial use, in strict compliance with the relevant copyright and property right provisions. It is prohibited to duplicate or edit the contents of the Website or the data on it, or to copy, share or use the same for commercial purposes.
11. Disclaimer
11.1. Supplying the Products
Retaining the provisions of Section 13 herein, if Atlas Soft fails to duly comply with any of the provisions of this GTC, Atlas Soft shall solely have a liability arising for any loss suffered by the User expressly as a consequence of the non-compliance (whether arising out of contract, civil law action—including a negligent act—or a breach of any general obligation), which is a foreseeable consequence of the provisions of this GTC being breached.
11.2. Use of the Website
Atlas Soft refuses to take any implied or express liability for the contents of the Website, or for any use of the same, or for any inconveniences experienced by the Users while, or in relation to using the Website. It is hereby duly acknowledged by all Users that Atlas Soft refuses to take any liability to ensure that the Website is secure, or for any personal data stated on it, or for any other information supplied by the Users. All Users shall bear the risks attached to general internet use.
Atlas Soft shall endeavour to ensure the security of the Website, including its contents, protecting the good reputation and high quality of the same, nonetheless Atlas Soft refuses to take any liability for any potential error or omission discovered on the Website, or any downtime, when the Website cannot be accessed, or for any outcome reached by using the information stated on the Website, or for any other technical issues experienced by the Users in relation to the use of the Website. If any contents on the Website is identified to be erroneous, Atlas Soft is committed to correct the same as soon as practicable.
Atlas Soft refuses to take liability in particular for the following:
11.2.1. if the User is using the contents of the Website, or any Services rendered by Atlas Soft, or the software products supplied, in a way conflicting with their intended use, or in bad faith, or if the User has committed a criminal offence or any other infringement of the law, or caused damage to any third party, either wilfully or negligently, via the use of the Website;
11.2.2. for the IT equipment, mobile phone equipment, tablets or other equipment used by the Users to view the Website, and the software products used on the same being compatible with the technology applied on the Website;
11.2.3. for any technical problems arising, including the case when the Website has any malfunction, downtime or cannot be accessed temporarily;
11.2.4. for the contents of the Website being accurate, reliable or fit for the intended purpose;
11.2.5. for the Website matching the User’s own expectations.
Subject to the relevant laws, Atlas Soft refuses to take any liability towards the Users or any third party for any potential incidental damages arising out of, or in relation to the use of the Website (damages including the following, but not limited to, in both cases: effective financial loss, lost profit, loss of business, loss of anticipated savings, undue expenses arising, violation of personal rights, data privacy breach), or for any other indirect, special or punitive indemnification claim arising, or for any other damages arising or potentially arising out of the use of the Website.
12. User account suspension or ban
If the User has breached or violated any of the rules herein, the User’s registered user account may be suspended or deleted with a permanent effect. When the user account is deleted, all data previously stored therein will no longer be accessible to the User, and the User will not be able to use the already purchased Products, will not be able to register a new user account, and all previously used payment methods will be disabled.
Further to the rules above, it is considered to be a severe breach of the rules when it is noticed that the Products distributed via the Website are tried to be:
- hacked or decoded by the User, or used in any way not in line with the intended purpose
- shared with others, in any way, including the following:
- to resell the purchased user license or share it with others
- to share the USB tools with anyone
- to monitor or reverse engineer the network or USB traffic
- to run the Products on a virtual equipment
- to run the Products from a remote desktop
13. Invalid provisions
If any of the provisions of this Terms and Conditions become illegal, invalid, or unenforceable for any reason, the related provisions shall be deemed to have been withdrawn, leaving the validity and enforceability of the remaining provisions and of the entirety of this Terms and Conditions unaffected.
14. Enforcement of rights
If any violation occurs, and if the injured Party decided to waive any of his/her rights to enforce a certain right provided, this shall not mean that any other provisions herein can be breached without any legal consequences applying, or that the rights will not be enforced.
15. Scope of this GTC
The provisions of this Terms and Conditions shall apply to the relations between Atlas Soft and the Users, and shall serve as the basis for placing the relevant Orders, entering into the relevant Sales and Purchase Agreements, User Agreements, and User License Agreements.
16. Applicable law
This GTC shall be applied in compliance with the applicable and relevant laws of Hungary, both in terms of substantive and procedural rules (Applicable Law Clause, for both substantive and procedural laws). For any potential legal disputes arising between the Parties, the Parties agree to the exclusive jurisdiction of the Buda Central District Court.