GENERAL TERMS AND CONDITIONS
Business firm: Vivi Pic s.r.o.
Registered office: Cercanska 1895/20a, Krc, 140 00 Prague 4, Czech Republic
Business ID: 03602371
Incorporated in the Companies Register kept at [•] of the court in [•], section [•], insert [•] (hereinafter referred to as the “Operator”)
Contact details of the Operator:
Delivery address: Cercanska 1895/20a, Krc, 140 00 Prague 4, Czech Republic (hereinafter referred to as the “Contact address”)
E-mail address: [email protected] (hereinafter referred to as "Contact email")
Phone: (+420) 608 003 789 (hereinafter referred to as the “Contact phone”)
1. Introductory provisions
1.1 These trade terms and conditions (hereinafter referred to as the “Trade Terms and Conditions” or “Terms”) within the meaning of Section 1751 of the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) govern the relations between the contracting parties to the Agreement for the provision of services concluded through the web interface on the Operator's website (hereinafter referred to as the “Website”). All relations between the Website user and the Operator are governed by the Trade Terms and Conditions and relations not governed by the Civil Code, and if the contracting party is a consumer, they are also governed by the Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.2 For the purposes of these Trade Terms and Conditions:
a) Entrepreneur - means any person, who enters into an Agreement as related to his/her own business, manufacturing or similar activity or in the independent exercise of his/her profession, or a person, who acts in the name or on behalf of an entrepreneur,
b) Service or Services - services, websites and applications of the Operator located on domains operated by the Operator (in particular on the web server https://wemarry.io and derived domains of the third and higher levels), in particular on-line wedding presentation services, provision of templates for creating your own wedding website on the assigned subdomain, provision of applications for managing individual wedding agendas,
c) Agreement - means an agreement for the provision of services or another agreement concluded between the Operator and the User in accordance with these Trade Terms and Conditions,
d) Consumer - means a natural person, who, upon the conclusion and the performance of an Agreement, does not acting within his/her business activity or in the course of his/her independent exercise of his/her profession,
e) User - a Consumer or an Entrepreneur, who concludes an Agreement with the Operator through a web interface on a Website operated by the Operator or through any other means of distance communication enabled by the Operator.
1.3 A User who enters a business ID number in the identification or billing data is deemed to be an Entrepreneur for the purposes of assessing the nature of the relationship between the Operator and the User, the User is aware of this, agrees to the above-mentioned method of differentiation and undertakes not to indicate the business ID number unless he/she is acting within the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession when concluding and performing the Agreement.
1.4 The provisions of the Trade Terms and Conditions form an integral part of the Agreement. Provisions in the Agreement deviating from the wording of the Trade Terms and Conditions shall prevail over the provisions of the Trade Terms and Conditions. The Agreement is concluded in the Czech language, unless the User and the Operator expressly agree otherwise. If the Agreement is drawn up in more than one language version, the Czech version shall prevail in the event of a conflict between the Czech and other language versions of the Agreement.
2. Provided Services
2.1 The Services on the Operator's Website enable the creation of the User's own wedding website on an assigned subdomain and the management of individual agendas (hereinafter referred to as the “Wedding Site”).
2.2 The Operator reserves the right to make any changes to the Wedding Site, not to publish the Wedding Site at all, or to remove the Wedding Site without compensation in an event they violate the applicable laws of the Czech Republic, Terms or good morals.
2.3 The Wedding Site will be available for the period of 18 months unless the User specifies otherwise within the registration process. After this period expires the Wedding Site will be automatically deleted together with all the data entered by the User. The User is aware that if he/she wishes to remove the Wedding Site before the expiry of the agreed period, he/she must do so himself/herself in the User Account.
3. User registration
3.1 Registration is required to use certain Services. Even if any Service does not require registration for use (even limited use), use of the Service is governed by these Terms. Even in such a case, the User is obliged to read thoroughly these Trade Terms and Conditions and gives his consent to them by starting to use the Services. If the User does not agree to these Terms, he/she is obliged to refrain from using the Services. There is no fee associated with the registration.
3.2 The registration is done by completing and submitting the registration form on the particular website to the Service, which describes the registration process in detail. Only a person at the age over 18 with full legal capacity may complete and submit the registration form.
3.3 When registering, the User is obliged to provide correct and complete information about him/herself and his/her future spouse or partner, which is identified as mandatory (hereinafter referred to as “Mandatory personal data”). Without providing the Mandatory personal data, it is not possible to complete the registration and use the selected Services of the Operator. Other data is provided voluntarily by the User. The User is entitled to amend, change or modify the provided data at any time. The User understands that some of the provided data are personal data within the meaning of applicable law. Provisions of the Article 7 of these Trade Terms and Conditions shall apply to such data.
3.4 The User is obliged to read these Trade Terms and Conditions before he/she completes the registration. The consent provision is a prerequisite for completing registration and using the Services.
3.5 Upon completion of registration (i.e., by receipt of confirmation of successful completion of registration), the contractual relationship between the User and the Operator is established, which is governed by these Trade Terms and Conditions. For the avoidance of any doubts, the contracting parties declare that by registering the User agrees to these Trade Terms and Conditions, expressly accepts all their provisions and undertakes to comply with the rules set out therein. This arrangement is without prejudice to the possibility of establishing a contractual relationship by actually starting to use the Service without prior registration.
3.6 By completing the registration, a user account (hereinafter referred to as the "User Account") is created for the User.
4. Financial Terms and Conditions
4.1 The use of the Services for non-registered users (in particular invited wedding guests) is free of charge except for ancillary Services.
4.2 The registered User is entitled to order a package of Services in the User Account according to price list. The price of ordered Services is always displayed to the registered User in the shopping cart before sending the purchase order and the payment, as the final price including all taxes (e.g. VAT) and fees. No additional fees are charged for the delivery of the Services themselves.
4.3 Upon completion of the purchase order, the registered User is asked to pay the price of the Services through the Stripe payment gateway (operated by Stripe, Inc.).
4.4 In the event that the Operator issues discount vouchers to third parties as a part of any promotion event (hereinafter referred to as the “Promotion event”), the vouchers are valid for a period of 6 months from the date of issue, unless stated in the separate terms and conditions of the Promotion event otherwise. The User is entitled to redeem the voucher by entering a unique discount voucher code in the relevant field in the purchase order summary during ordering Services and thus receives a discount for the Operator's Services. At the same time, it applies that only one discount voucher can be used per purchase order, and only up to the price of the redeemed Services.
4.5 The Operator reserves the right to terminate, interrupt or cancel the Promotion event without compensation. He also reserves the right to unilaterally change the terms and conditions of the Promotion event. Any complaints or objections shall be finally decided by the Operator.
5. Withdrawal from the Agreement
5.1 The Operator is entitled to withdraw from the Agreement if the User is in default of payment of the price of the Services or any part thereof.
5.2 The User, who is a Consumer, is also authorized to withdraw from the Agreement within 14 days from the date of the Agreement conclusion. The Agreement withdrawal must be sent to the Operator within the time limit specified in the preceding sentence, to his Contact address or to the Operator's Contact email [email protected]
5.3 Withdrawal from the Agreement pursuant to the preceding section is not possible, inter alia, in an event of the agreement for the supply of goods, which have been customised for the User or at his request and an agreement for the provision of services provided they have been performed with the prior express consent of the User before the expiry of the withdrawal period. The User acknowledges that, among other things, the publication of Wedding Site created by him/ her or the sending wedding invitations constitutes the performance of the service Agreement, after which it is no longer possible to withdraw from the Agreement pursuant to the preceding section.
5.4 In the event of withdrawal from the Agreement, the Agreement shall be terminated from the outset. The Operator shall return to the User the funds received from the User on a basis of the Agreement within 14 days of withdrawal from the Agreement.
6. Rights, obligations and statements of the parties
6.1 The User represents and warrants to the Operator that
(a) he/she has full legal capacity, in particular with regard to his/her age,
(b) he/she has not been deprived of legal capacity,
(c) his/her legal capacity has not been restricted to the extent that would prevent him/her from agreeing to these Trade Terms and Conditions and from using the Services,
(d) all the information he or she has provided about himself/herself at the time of registration is true, complete, accurate and correct,
e) the use of the Services by the User under the Trade Terms and Conditions hereunder does not violate any legal regulations,
(f) he/she has thoroughly read these Trade Terms and Conditions before commencing use of the Services and fully understands and agrees to these Trade Terms and Conditions,
6.2 Notwithstanding any other provision of these Terms, the User undertakes:
(a) not to carry out the registration in an event the User would breach the legislation by doing the registration,
(b) not to use the Services if the User's use of the Services would result in a violation of law,
c) only use the Services for the purpose, for which they are intended,
(d) not to use (or attempt to use) any other interface than the interface provided by the Operator for that purpose to access the Services,
(e) to ensure the confidentiality of all identification data and passwords necessary for the User's login and access to the Services, and in particular not to disclose such identification data and passwords to any third party,
(f) if he detects misuse of its identification data and passwords by any third party, he shall immediately notify the Operator,
(g) not to commit any illegal or unethical act related to the use of the Services,
h) not to do anything that would disrupt or damage the Services (or the networks and servers connected to the Services).
6.3 Notwithstanding any other provision of the Terms, the Operator is entitled to:
(a) at any time, in his/her sole discretion and without prior notice to the User, suspend or limit the provision of any Service or in any way change the manner, in which any Service is provided, in relation to all Users or only in relation to certain Users, without prior notice to the User, including by deleting, removing or making unavailable any User offer,
(b) at any time, at his/her discretion and without prior notice to the User, terminate the provision of any Service in relation to all Users or only in relation to certain Users.
6.4 The Operator grants to the User a royalty-free, non-transferable and non-exclusive license, valid in all countries of the World (hereinafter referred to as the “User License”), to use the Operator's Services, Operator's content and Operator's software (hereinafter referred to as the “Subject matter of the license to the User”). The User License only is granted to the User to the extent necessary for the proper and normal use of the Operator's Services, subject to the limitations set out in the following clause. Except as expressly provided herein, the User shall not alter or modify, copy or otherwise reproduce, distribute, communicate to the public, otherwise disseminate, transmit, rent, lease, loan, display, perform, reproduce, publish, sublicense, transfer, or sell any information, original or copies of the Subject matter of the license to the User, or create any compilation or derivative works thereof. The User is not authorized to use the Services for any purpose contrary to these Terms or applicable legal regulations. The User shall not use the Services in a manner that could degrade the Subject matter of the license to the User, or damage, disable, overburden or impair the operation of servers operated by Operator or its affiliates, or interfere with the use of such servers or services by third parties. The User shall not obtain or attempt to obtain by any means any reproductions of the Subject matter of the license to the User (including for personal use), any materials or information relating to the Services that are not or have not been made publicly disclosed or provided through a Website operated by the Operator.
6.5 If the User, in connection with the use of the Services, submits to the Operator his/her texts, images, videos, authors craft or other content of the User (hereinafter referred to as the "Subject matter of the license to the Operator"), the User hereby grants to the Operator a free, express and voluntary non-exclusive licence to use the Subject matter of the license to the Operator in the ways below. The Subject matter of the license to the Operator means a document, information, or other data that the User uploads or otherwise transmits through the Service to the Website of any server, through which Users use any Operator Service.
a) The User represents and warrants to the Operator that he/she is authorized to grant a license to the Subject matter of the license to the Operator in accordance with these Terms and that neither granting such license by the User nor its use by the Operator infringe rights of any third party.
b) The Operator is authorized to use, modify and adapt, copy, distribute, transmit and otherwise communicate to the public or otherwise disseminate, display, perform, reproduce, publish or otherwise make public the Subject matter of the licence to the Operator using any methods and without any restrictions, to grant these authorisations and sub-licences to third parties, and to create summary or derivative works from the Subject matter of the licence to the Operator.
c) The Operator is not obliged to use the Subject matter of the license to the Operator in any way and he/she is entitled to remove the Subject matter of the licence to the Operator from the servers operated by the Operator at any time at his/her sole discretion.
d) The User undertakes to comply with the obligations set out in Article 6.6 of the Trade Terms and Conditions when transmitting any User content to the Operator.
e) The submission of any User content, including User contributions, opinions or comments, by the User is voluntary and the User is not entitled to any remuneration for granting a license under this Section 6.5 of the Trade Terms and Conditions.
6.6 User rules of conduct.
a) The User is responsible for the consequences of his/her actions related to the use of the Services and agrees not to use the Services for any activities that are or may be contrary to the laws applicable to the User, the rules of use of the Services of the Operator and his/her legitimate interests, these Trade Terms and Conditions as well as generally accepted principles for the use of services provided via the Internet.
b) The User shall always respect the rights of the Operator and third parties especially when dealing with copyright works and other objects of intellectual property rights.
c) In particular, the User shall not:
I. use any of the Operator's Services contrary to these Trade Terms and Conditions,
II. commercially exploit any of the Services in a manner that could harm the Operator,
III. obtain login names and/or passwords of other Users of the Operator's Services and third-party services and products,
IV. abuse, block, modify or otherwise alter any part of the Service, or even attempt to interfere with the stability, operation or data of the Service,
V. provide access data to a third party,
VI. violate the rights of the Operator or third parties in another manner than specified in the preceding paragraphs,
VII. attempt to act in any manner prohibited herein.
d) It is further expressly stated that the User shall not transmit to the Operator (i.e., posting, uploading, linking or otherwise disseminating) User content that, in particular:
I. infringes the intellectual property rights (copyright, rights related to copyright, industrial rights, etc.) of other persons,
II. contains unlawfully used trademarks, trade names and protected designations of origin to which a third party has an exclusive right, or any indication confusable therewith,
III. is in any other respect contrary to good morals.
e) In an event that the User uses any of the Operator's Services in violation of these Terms, the Operator shall have the right, in accordance with Article 6.3 of the Terms, to terminate or restrict the provision of Services, delete, remove or otherwise make unavailable the User's content, or cancel or block the User Account at any time, without prior notice and without any claim by the User. The User acknowledges and agrees that any violation of the prohibitions set forth in Article 6.6 of these Terms may result in the above consequences, including the termination of the User Account.
6.7 Services provided by the Operator to Users are provided "as they are". The Operator makes no warranties to the User regarding the Services, the Operator's content and third-party content, in particular no warranties with respect to the functionality and availability of the Services. In particular, he does not guarantee to the User that:
(a) the Services will be available twenty-four hours a day, seven days a week,
(b) the Services will be fully operational for the entire period of availability of the Services,
(c) Services shall be provided without any faults.
(d) the Operator content or third-party content is accurate or correct and does not infringe any third party rights,
e) the products offered on the Operator's Website by third parties will be delivered properly and on time, nor does he guarantee their parameters, in particular the quantity, quality or delivery date,
(f) the information and particulars provided for the products are always correct, truthful and not misleading.
6.8 The User acknowledges that the Operator makes no warranties regarding the provision of the Services and that the provision of the Services is therefore subject to certain risks; he accepts these risks and undertakes to take all reasonable steps to exclude or limit, to the maximum extent possible, the possibility of harm or other adverse consequences to the User in connection with the use of the Services.
a) To this end, the user undertakes in particular to regularly back up all user content in an appropriate manner and to take any other appropriate measures.
b) The Operator shall not be liable to the User for any direct or indirect injury or damage incurred by the User in connection with the use of the Services, the Operator's content or third-party content, restrictions or termination of the Services. In particular, the operator is not liable to the User for:
I. non-functionality, unavailability or poor availability or functionality of any Service,
II. loss, failure to store or damage to any User content,
III. any consequence of providing incorrect, inaccurate or incomplete information about the User during the registration,
IV. any consequence of a breach of the User's obligations to protect the password and access data to the User Account,
V. any other consequence of using the Services,
VI. the accuracy of the content of the Services, whereby the content of the Services should not be used by the User to make personal, medical, legal or financial decisions without further or without a consultation with the reasonably qualified professional,
VII. the Operator and the User declare that the intention of the parties is to limit the Operator's liability to the User in connection with the Services to the maximum extent permitted by mandatory provisions of law.
6.9 Pursuant to the provisions of Sections 3, 4 and 5 of the Act No. 480/2004 Coll., on Certain Information Society Services, as amended, the Operator is ultimately not liable for the User's content.
6.10 The User undertakes to indemnify the Operator for any damage (pecuniary or non-pecuniary) incurred as a result of the User's culpable violation of the provisions of these Trade Terms and Conditions.
6.11 Out-of-court handling of Consumer complaints is provided by the Operator via e-mail [email protected] The Operator shall send information on handling the Consumer's complaint to the Consumer's e-mail.
6.12 The Operator is authorized to provide Services on a basis of a trade licence. The trading inspection is carried out by the competent trade licensing authority within the scope of its competence. The personal data protection supervision is carried out by the Czech Office for Personal Data Protection. The Czech Trade Inspection Authority supervises the compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
6.13 The User hereby assumes the risk of change of circumstances within the meaning of Section 1765 subsection 2 of the Civil Code.
6.14 In an event of any dispute arising under the concluded Agreement that cannot be resolved by agreement between the parties, the Consumer is entitled to initiate an out-of-court settlement of a consumer dispute with the competent authority, i.e. the Czech Trade Inspection Authority (www.coi.cz). Out-of-court settlement of a consumer dispute is initiated at the proposal of the Consumer. The proposal shall be accompanied by proof of the fact that the Consumer has not been able to resolve the dispute directly with the Operator and other documents proving the alleged facts, if available.
6.15 In the event of a dispute arising under the concluded Agreement that cannot be resolved by agreement between the parties, the Operator and the User, who is an Entrepreneur shall negotiate in accordance with provisions of the Section 89a of the Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, the local jurisdiction of the court of first instance for the resolution of disputes is the District Court for Prague [•], if the district court has subject matter jurisdiction, and the Municipal Court in Prague if the regional court has subject matter jurisdiction.
7. Personal data protection
7.1 The Operator is a personal data controller and is authorized to process the User's personal data in accordance with the applicable laws of the Czech Republic and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the personal data processing and on the free movement of such data.
7.2 For detailed rules on the personal data processing and the rights of Users as data subjects see the Data Processing and Protection Policy, available here or accessible from the Operator's Website.
8. Final provisions
8.1 If any provision of the Trade Terms and Conditions is or becomes invalid or ineffective or unenforceable (including for reasons of conflict with consumer protection law), the invalid provision shall be replaced by a provision, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Any amendments and additions to the Agreement or Trade Terms and Conditions must be provided in written form.
8.2 The Operator may change or supplement the wording of the Trade Terms and Conditions. The rights and obligations of the contracting parties shall always be governed by the wording of the Trade Terms and Conditions, under the effect of which they have arisen.
8.3 If the relationship established by the Agreement contains an international (foreign) element, the contracting parties agree that their relationship is governed by the Czech Law. This is without prejudice to the Consumer's rights under generally binding legislation.
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THESE GENERAL TRADE TERMS AND CONDITIONS APPLY FROM 1. MAY 2022 REPLACING THE PREVIOUS GENERAL TRADE TERMS AND CONDITIONS.