General Terms and Conditions
The General Terms and Conditions (hereinafter referred to as the “Terms“) apply to contracts negotiated and services provided via the online portal MarkerMeet, placed on the website markermeet.com (hereinafter referred to as the “website”), operated by
Miroslav Bartl, with registered office at Černého 521/21, Střížkov, 182 00 Praha 8
Corporate ID number: 76158799
Delivery address: Černého 521/21, Střížkov, 182 00 Praha 8, Czech Republic
Telephone number: +420776720923
Contact email: firstname.lastname@example.org
as the operator of the website (or „we“)
In these General Terms and Conditions several terms are used in the below stated meaning:
- Civil Code means Act no. 89/2012 Sb., the Civil Code, as amended;
- Consumer Protection Act means Act No. 634/1992 Sb., on Consumer Protection, as amended;
- contract means any contract concluded under these Terms; it could particularly mean the contract for the provision of services on the basis of which you gain access to the user account;
- premium account is the part of the website and our services, which is available only to registered users for a subscribed period;
- premium services mean paid services, other than the premium account, which are currently offered on the website. Description of individual services and their prices is available on the website;
- price is the price of premium services;
- service is an activity of our company consisting in the operation of an internet portal which arranges meetings of people, in particular the user account management, tools to schedule meetings with other users, or other services specified on the website. Some services are only available through the premium account after payment of the subscription is made;
- subscription means a paid possibility to enter the premium account for a duration specified in an order.
For whom is our service intended?
The Markermeet website portal serves for arranging meetings of people for personal purposes, it therefore cannot be used for any business activities or independent practice of profession of users.
What governs our legal relationship?
Our legal relationship is governed by the following documents:
- the Terms, which define and specify our mutual rights and obligations;
any conditions and instructions stipulated on the website;
and in any matters not covered by the Terms by the following legislation:
- the Civil Code
- the Consumer Protection Act (only if you are a consumer).
In case that your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms by registering on the website.
The Terms can be changed or amended in writing. Your rights and duties are governed by the wording of the Terms effective at the time of their origination.
Information on contracts concluded via the website
The contract is not concluded in writing; it consists of these Terms, the registration form, or, where appropriate, your order of the premium account or premium services.
The contract for the creation of the premium account is concluded at the moment of your payment of the subscription for a period specified in the order. The contract for the provision of a premium service is concluded at the moment of your payment of the price. You will be informed about our reception of the respective payment through your user account.
The contract for the creation of the free user account is concluded at the moment of the activation of the user account under Article 2.2 of these Terms.
The contract is possible to conclude in the Czech or English language, unless we explicitly agree on any other language.
The contract (including the Terms) is maintained by us in an electronic form. The contract is not accessible to third parties, but we will send it to you upon your request.
- In these General Terms and Conditions several terms are used in the below stated meaning:
REGISTRATION AND USER ACCOUNT
How can you register?
To use the website and our services, it is necessary to register. To register, you must fill e- mail address and choose a password. It is also possible to register via Facebook, Google or any other web portal which is supported by the website. A new user account is created by the registration.
Your e-mail address and password create the access data to your user account. You are obliged to ensure the confidentiality of the access data to your user account. We are not responsible for any misuse of your user account by a third party. In the case of changes of your data, adjust your user account as soon as possible.
Note that it is not possible for one person to create multiple user accounts. Every user of the website is entitled to have only one user account.
Registration on the website can be completed only by a person over 18 years old, who is a citizen of the Czech Republic, or any person who has reached the age of majority under the state law which he or she is a citizen of.
If we have doubts about your age, we may contact you to verify it. During the registration process you may be requested to prove, that you have reached the age required for the registration under the prior paragraph. We have the right to refuse an unverified registration form, if the required age has not been proven. In such case, there will be no legal relationships arising between us.
How can you log in to the user account?
You can log in to the user account by entering the access data or via Facebook, Google or any other web portal which is supported by the website.
Which functions does the user account provide?
Through the activated user account you can order the subscription to the premium account or individual premium services, manage your user account and use other functions of the website or our services. Any other functions of the user account are always stated on the website.
How can the user account be deleted?
If you want to delete your user account, inform us and we will delete it. If your subscription has not elapsed yet, you will be informed of it. If you want to cancel your account immediately despite the fact, that your subscription has not elapsed yet, note that you are not entitled to a refund of an unused subscription.
Note that we reserve the right to delete your account, or to block it for such a period, as is strictly necessary without compensation, if a violation of these Terms, the User Etiquette of the MarkerMeet website portal, applicable legislation of the Czech Republic or good morals occurs via your user account.
- How can you register?
THE ORDER OF THE PREMIUM ACCOUNT AND PREMIUM SERVICES
What is the premium account for?
The premium account is a paid service, which must be ordered to activate a user account, or to use more functions of the website in the case of a free user account.
How can you get the premium account?
To order the premium account on the website you choose the option "Activate account" and then make the payment via the payment gateway, or by any other way currently allowed on the website.
You may be able to obtain the premium account immediately after registration, usually during a marketing campaign or during the project start.
We may decide to activate premium account to anyone.
How much does the subscription cost?
We offer different kinds of subscription. The subscription price depends on the length of the subscription period. Our current price list is always published on the website. The subscription price is final, including all taxes and fees. The subscription price is a flat rate and is paid irrespective of whether you actually use the premium account.
How can you get the premium services?
Within the premium account you can use some premium services for free, or in limited quantities or frequency according to the description on the website. We are entitled to make changes in the quantity and frequency of premium services, which are provided for free within the premium account.
To use premium services beyond the scope of the premium account, or in the case of the free user account, you must order premium services. Description of individual premium services and their prices are listed on the website. Premium services can be ordered through the user account on the website. You can make the payment of the price via the payment gateway, or by any other way currently allowed on the website.
What data do we use and what can we require you to do in connection with the payment of the service?
Note, that if at least two of the above-mentioned data do not demonstrate the same country, the payment will not be accepted and services will not be provided to you, until you provide us with telephone number whose Mobile Country Code (MCC) of the International Mobile Subscriber Identity (IMSI) matches the same country in which the IP address or the payment account is located.
- What is the premium account for?
THE CONDITIONS OF THE PROVISION OF SERVICES
When can you start using the service?
If we receive payment for the subscription to the premium account, or you will be provided with the activation key, you can start using the respective service at the moment of the activation of the user account under Article 2.2. of these Terms. You can start using ordered premium services from the moment your payment of their price is credited to our account.
For how long are our services provided?
If the subject-matter of the contract is to provide services in a certain period, and not a single provision of services or provision of services for an indefinite period of time (in the case of the free user account), the contract is concluded for the duration of the subscription in accordance with a specific description of the respective service on the website. You will be automatically notified of the expiration of the period, for which the service has been paid, before the expiration of the subscription. For the extension of the contract it is necessary to make another payment of the subscription or the price of premium services. If you do not wish to extend the contract, you do not send any payment and the contract expires at the end of the relevant subscribed period.
Can you withdraw from the contract?
By agreement with these Terms you give us your express consent to the provision of service before the expiration of the period for withdrawal.
Please note that by granting your consent under this Article, you lose (in accordance with the section 1837 of the Civil Code) the right of withdrawal from the contract within 14 days.
When can we withdraw from the contract?
We reserved the right to withdraw from the contract in the case that the performance of services becomes objectively impossible or illegal. We will inform you about our withdrawal from the contract without undue delay.
If you have already fully or partly paid the price, we will refund you the received amount to the bank account you provide us for this purpose.
What are your responsibilities in connection with the use of the services?
When using the services, you are liable for a declares that:
- you have reached the age of majority under the law of the State in which a meeting is arranged through the website;
- you will not act or deal with other users during the meeting arranged through the website in such manner which could damage the reputation of our company or the services we provide
- you will not use the services in violation of these rules, applicable legislation and good morals, ie. especially for the dissemination of ideas which may be considered offensive, vulgar, xenophobic, defaming race, nation or religious belief, and to act in an erotic or pornographic nature;
- you will not use the services in violation of the nature of the website, especially for marketing and business purposes;
- you will not abuse, block, modify or otherwise change any part of the website, or even try to disrupt the stability, operation or data of the website;
- you will not use any mechanisms, software or other actions that could negatively affect the operation of the website.
What rights related to a breach of the above-mentioned rules do we have?
Should any compensation for damage or other harm be enforced from our company because of your infringement of applicable legislation, good morals, the Terms or the User Etiquette, we shall be entitled to seek compensation in full from you for such damage which we have incurred in relation to such infringement.
What rights related to the photographs you upload on the website do we have?
After the meeting takes place you can upload a photograph capturing the course of the meeting and its participants on the website through your user account. By uploading the photograph, you grant us a gratuitous, non-exclusive, transferable and geographically unlimited license for an indefinite period of time to the uploaded photograph.
It is your responsibility to ensure that you are a holder of all rights to the uploaded photograph. At the same time you grant us an explicit consent to use your images captured by the photograph in accordance with above-mentioned license and you declare that you have gained an approval from all persons in the picture. You grant us your consent for an indefinite period. This consent is revocable at any time.
You can delete the uploaded photograph at any time through your user account..
We are not liable for the course of the meeting arranged through the website or for the identity of the person who attends the meeting, nor for whether the person actually arrives at the meeting and the meeting takes place or not.
You use the website at your own risk. We are not liable for any direct or indirect damage, including loss of the saved data, which is a result of the use or inability to use the website.
- When can you start using the service?
- Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of § 1914 to 1925 of the Civil Code). The warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim.
How to claim a payment for the subscription of the premium account?
If the premium account was not activated after the payment of the subscription is processed, contact us promptly our contact e-mail or phone. We recommend you to attach a proof of payment for quick settlement of the claim.
It the claim is found justified, we will activate your premium account without undue delay.
How to claim provided services?
As a provider of the services we are liable for providing the services in accordance with the contract, i.e. the services correspond with their description on the website, they are provided in accordance with applicable legislation and they are provided for a specified period (i.e. for the period of subscription).
Claim the warranty without undue delay after discovery of the defect, but no later than 6 months from the moment of provision of the service.
In case of a justified claim, you can choose one right from the following:
- free of charge provision of an alternative service;
- extension of the subscribed period;
- appropriate discount from the price;
- withdrawal from the contract.
Tell us a chosen method of the settlement of the claim when sending us the claim or immediately afterwards. If you do not choose the method, you will be provided with free of charge provision of an alternative service or an appropriate discount from the price.
What permissions do we have for the performance our activities and who controls us?
We are a holder of a trade licence for the provision of services. Our activity is not subject to any other permission.
Trade control is carried out by the respective Trade Office within the scope of its competency. The Czech Trade Inspection Authority supervises the compliance with the consumer protection legislation. The Consumer rights are advocated also by interest groups and other entities designated to their protection.
How do we handle complaints?
We handle any complaints via our contact email. Furthermore, you can contact the bodies referred to in article 6.1. In relation to our customers, we are not bound by any codes of conduct, nor we follow any of them.
What rights may you exercise if a dispute arises from the contract?
If a contractual dispute arises between you as a consumer and us, and we have not been able to settle the dispute directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
What else should you know?
When concluding the contract, the means of distant communication are used (especially the Internet). Costs incurred by the use of such means of distant communication (mainly the cost of internet connection or phone calls) are paid by yourself. These costs do not differ from the ordinary rate.
Unless agreed otherwise, all correspondence between us related to the contract is in writing, either by sending an e-mail, registered mail or by personal delivery. We will communicate with you to the email address specified in your user account.
Should it be the case that any provision of the Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract (including the Terms) can be changed or amended in writing only.
- What permissions do we have for the performance our activities and who controls us?
The Terms are valid and effective as of January 10th 2017.