Terms and Conditions

Nexway is the operator of the Cnet Store for computer software. These General Business Terms (GBT) govern the contractual relationship between Nexway and the customer.

By ordering products the customer confirms that he has duly noted and agreed to these General Business Terms. These General Business Terms apply to the exclusion of any terms or conditions which vary from them unless Nexway has expressly agreed in writing that any such other terms shall apply.

  • The parties to the contract are:
    • Customer (“you”): any person who orders products from the Cnet Store
    • Nexway SA, registered in France under company number B 440 953859, whose registered office is at 1 avenue du Général de Gaulle, Tour PB5, 92 074 Paris La Défense Cedex , FRANCE
      Fax : +33 4 66 38 03 28

      • EC1V 4PY (“Nexway”, “us” “we”)
      • Correspondence address: Unit 120, Westbourne Studios, London W10 5JJ, United Kingdom
      • VAT number: FR33440953859
      • Customer service: E-Mail: cnet_us@nexway.com

Formation of the contract

  • The customer’s order for products is a binding offer to Nexway to purchase such products. The customer will automatically be sent a confirmation when he has placed his order, but such automatic confirmation shall not constitute an acceptance by Nexway of the customer’s order. Nexway’s acceptance of the customer’s order shall occur and a contract shall come into existence only when Nexway makes the products available for download by the customer.
  • Please check the automatic order confirmation for errors or differences and inform us immediately of any discrepancies. You guarantee that the data provided by yourself on registration is true, accurate, up-to-date and complete.
  • Orders will only be accepted from customers who are over the age of 18 years.

Type of service and limitations

  • Products are delivered to the customer by download.
  • You will receive an order confirmation by email. When you have ordered a download you will receive access to the product which you can then download within 21 days. Once 21 days have elapsed the download will no longer be available.

Pre-conditions for use of the download service

  • The customer must comply with any system requirements specified on the Cnet Store website. It is also a requirement that the customer’s computer is connected to the internet by broadband connection (e.g. DSL).

Licence to use products

  • Under the terms of these General Business Terms the (limited and non-exclusive) right is granted to the customer to use one (1) copy of products delivered to the customer by Nexway on a computer or laptop. Under the terms of this contract the customer is not permitted to copy, modify, or decompile any software in a product, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. The user is exclusively permitted to utilise the product for his own personal use. He may not pass it on, sell, transfer or lend it to a third party.

Customer’s duties and obligations

  • Type of use
    • The user is permitted to make use of products for his sole personal use. Using products without further permission from Nexway for professional, commercial or promotional purposes is prohibited. Nexway will not be in any way responsible or liable if the customer uses products in a way which does not conform to these terms and conditions.
  • Personal data / User account
    • The customer has sole responsibility for the use of his membership data (LOGIN, password) and is liable for the transfer of data made with his LOGIN and password. The customer shall not share or divulge to any other person his LOGIN or password.
    • In the event of personal access data being passed on or used in contravention of these General Business Terms (e.g. simultaneous access to the service by two different PCs with the same LOGIN and password), Nexway reserves the right to suspend access to the service for the customer affected without liability for an initial period of one (1) month. Nexway may continue the suspension of the account until a full investigation has been carried out. After this investigation Nexway will at its discretion determine a reasonable way of proceeding further.
    • In the event of repeated infringement of the General Business Terms, Nexway reserves the right to terminate access to the service and thereby its contract with the customer concerned, in which case Nexway shall have no liability to the customer.
    • If access data (LOGIN or password) are lost or stolen, the customer undertakes to inform Partner about this without delay. This information should be sent by email to:cnet_us@nexway.com
    • Nexway is not liable if a customer’s account is attacked by hackers or a customer’s computer is damaged by a virus or for any other problem with the computer or the customer’s account. If a customer suspects that his account is no longer secret, he should contact Nexway Customer Services immediately (Cnet Customer Service E-mail)
  • Damage to reputation and manipulation
    • The customer agrees not to perform any act which may have the effect of damaging or causing a loss or nuisance to Cnet Store, Nexway and/or any other party associated with Nexway.
  • Copyright
    • All software, games, information, names, trade names, product brands, inventions and in general all business content comprised in the products or contained in the Cnet Store website remain the exclusive property of their owner in accordance with the copyright. These are explicitly the software or games manufacturers, music publishers and all associated owners of copyright. All programmes and related software, games and music are the subject of licenses granted by their owners and are not owned by Nexway. Under the terms of such licences, customers are not permitted to copy, photocopy, reproduce or translate the products, extract their source code, modify, dismantle or decompile them or create related products inspired by programmes, games, services or functions. No name or identification belonging to the owner may be removed without prior written permission.
    • In addition to the right of use for private and non-commercial purposes, customers are not permitted to do the following:
      • To sell, lend, pass on or transfer reproductions of products,
      • To use products of any element of them on public platforms (in particular internet cafes and video amusement arcades),
      • To host or offer to third parties music, programmes, games, services or multiplayer functions for any online or offline usage without prior written permission.
    • The customer confirms that he has understood the restrictions set out above and that he will comply with these. Disregarding these guidelines may lead to the suspension or termination of the customer’s account. The customer understands that Nexway will not be liable for any infringement by a customer of the restrictions set out above.
    • Anyone illegally duplicating, disseminating or publicly reproducing products or assisting in doing so is liable to criminal proceedings. Illegal duplication of products is punishable by imprisonment and/or a fine. Illegally copied data supports may be confiscated and destroyed. Nexway further expressly reserves the right on behalf of itself and the copyright owners to pursue claims for damages under civil law.

Prices and delivery charge

  • The prices for products shall be as listed in the respective current price schedules or online advertisements contained in the Cnet Store website. Payment must be made before the customer may download a product.
  • Unless otherwise agreed, the following rules apply: i.e. for customers resident within the EU, VAT applicable atthe local VAT rate.
  • Technical details in respect of online payment transactions:
    • SSL (Secure Sockets Layer) encryption technology encodes the information during transfer.
    • The existing encryption functions of the internet browser will be used (Explorer or Netscape)
    • The credit card or account data will be verified in the credit card centre and payment will be authorised or refused.
    • Charging will then take place in accordance with the security standards of the banking system.
  • Nexway does not have access to private customer data via the bank account or credit card.
  • For the prevention of misuse and fraud, Nexway stores the customer’s Ix addresses and the time and date of transactions. These data also remain confidential with the following exception.
  • Any attempted fraud or deception, regardless of scope, will lead immediately to further action, as part of which all data affected will be forwarded to the competent authorities.
  • When the payment transaction has been successfully completed, the download of the relevant products is available to the customer in accordance with the contract. If the payment transaction is not successfully completed, Nexway reserves the right to bar the user account and thereby access to the service until the cause has been clarified.

Liability for defects

  • Nexway warrants that all products sold subject to the General Business Terms will function within the parameters for which they were designed and as described on the Nexway website. However, Nexway does not guarantee that products containing software meet the expectations of the customer and that the software will run without defects under all circumstances. Neither does Nexway provide any guarantee of specific functions and results of the software; provided that this is with in its intended design parameters and exceeds the current minimum standard for software technology at the time the programme is created. The same applies to the correctness or completeness of any documentation enclosed with the software.
  • Should the product be defective on delivery, so that use for the intended purpose is not possible despite correct operation, Nexway will either replace the product or refund the purchase price to the customer at its own discretion within the statutory period from the date of purchase. This only applies to products which are obtained directly from Nexway online. Nexway gives no warranty or guarantee in relation to any product downloaded by the customer from a source other than the Nexway website. The customer must send Nexway’s customer service email address as set out above full details of the defective product and the nature of the defect. Nexway accepts no further liability for direct or indirect damage occurring due to the use of a product, provided that this damage is not the result of Nexway’s wilful intent or gross negligence and provided that liability may in law be excluded. Nexway is under no circumstances liable for unforeseeable damage or indirect or consequential loss of any kind.
  • Nexway accepts no liability for damage occurring due to incorrect handling, in particular failure to observe any operating instructions, faulty commissioning, faulty handling or unsuitable accessories, provided the damage is not the fault of Nexway.
  • If in the sole opinion of Nexway it is economically unreasonable for Nexway to remedy a defect, a replacement product will be supplied or a refund given.
  • Nothing in these General Business Terms shall serve to limit Nexway’s liability for death or personal injury caused by Nexway’s negligence, or for fraud or fraudulent misrepresentation.

Nexway’s right to terminate

  • In the event of substantial or repeated infringement by the customer of these General Business Terms, Nexway may terminate all contracts and licences made with the customer under these General Business terms with immediate effect. If any contract or licence is terminated under this paragraph, regardless of the grounds, all licences granted are deemed to be ended forthwith without compensation and the customer shall immediately cease to use all relevant products.

Customer’s right to cancel

  • Right of cancellation – The customer shall have the right to cancel any order for 7 days after the customer downloads the relevant product. If the customer wishes to cancel an order the customer should contact Nexway by email at cnet_us@nexway.com giving details of the relevant order.
  • Consequences of cancellation – In the event of effective cancellation by the customer, Nexway shall refund to the customer any payment made for the products under the cancelled order. The customer’s right to use the relevant products shall terminate immediately upon termination and the customer must delete or destroy the products and all copies of them from the customer’s computer and another other device or media to which the customer has copied the products.

Data protection/cookies

  • The customer should read Nexway’s Privacy and Data Security policy.
  • Nexway uses the customer’s personal data exclusively for the purpose of handling the order. All customer data will be stored and processed only in compliance with the relevant regulations of the relevant data protection laws.
  • Customers have the right at any time to inspect, correct, block and delete their stored data free of charge. Nexway will not pass personal data including home address and email address on to a third party without the express consent of the customer which may be revoked at any time. Nexway’s service partners who require the transfer of data for the purposes of handling the order (e.g. the carrier contracted to make delivery and the credit institution contracted to handle payment) are excluded from this provision. In these cases the scope of data transferred is, however, limited to the necessary minimum. Nexway will implement technical and organisational security measures to protect customer data handled against accidental or deliberate manipulation, loss or destruction and against access by unauthorised persons.
  • Credit card information is encoded by 128 Bit SSL (Secure Socket Layer) and transferred to a payment gateway which is directly connected to the credit card checking centre. The data are verified online. The payment is debited before the goods are delivered (cash in advance).
  • The Cnet Store website uses cookies to store and retrieve information about the customer. Information about the customer, user names and the national currency selected are stored in the cookies which can then be called up at the customer’s next visit.
  • When a customer registers with Nexway or wishes to place an order, Nexway requires customer data. If anyone is already a customer of the Cnet Store he can simply log on with his user name and personal password. The data stored in a cookie makes it unnecessary for him to fill in some of the forms and assists in error-free navigation. The cookies produced have an expiry time of 5 years. In their browser programme customers may also manage the acceptance of cookies on this page and block them if they wish.

Governing Law and Jurisdiction

  • These General Business Terms and all contracts to which they apply shall be governed by and interpreted in accordance with English law. The customer agrees to submit to the non-exclusive jurisdiction of the English courts.
  • Anyone accessing the Cnet Store from outside the United Kingdom is personally responsible for observing local laws if and to the extent that they are applicable to the products or the customer’s use of them.

Saving clause

  • Should any of part of these General Business Term be deemed unenforceable by a court competent to deal with disputes under them, the operability of the other parts is not thereby affected. Any part deemed unenforceable shall if possible be deemed amended in so far only as to make it enforceable.

Whole agreement

  • These General Business Terms are the basis for and contain all the legal agreements between the parties relative to the object of their contract and operate to the exclusion of all other verbal or written agreements.
  • This clause is not intended to limit Nexway’s liability for fraudulent misrepresentation.