GENERAL TERMS AND CONDITIONS

Information:

Business name: WeMarry s.r.o.

Registered office: Hořanská 1510/1, Žižkov, 130 00 Prague 3

Company ID: 22269347

Operator’s contact details:

Email address: info@wemarry.io (hereinafter “contact email”)
Telephone: (+420) 608003789 (hereinafter “contact phone”)

1. Introductory Provisions

1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”), pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), govern the relationships between the contracting parties to a service agreement concluded through the operator’s web interface on its website (hereinafter the “Website”). All relationships between the user of the Website and the operator are governed by these Terms and Conditions, and any matters not regulated herein are governed by the Civil Code, and if the contracting party is a consumer, also by Act No. 634/1992 Coll., on Consumer Protection, as amended.

1.2 For the purposes of these Terms and Conditions, the following definitions apply:

Entrepreneur – any person who concludes a contract in connection with their own business, manufacturing, or similar activity, or in the course of their independent professional practice, or a person acting on behalf of or for the account of an entrepreneur.
Services – the operator’s services, websites, and applications located on domains operated by the operator (in particular on the web server www.wemarry.io and related third-level or higher subdomains), primarily consisting of online wedding presentation services, provision of templates for creating a personal wedding website on an assigned subdomain, and provision of applications for managing individual wedding agendas.
Contract – a service agreement or other agreement concluded between the operator and the user under these Terms and Conditions.
Consumer – a natural person who, when concluding and performing the contract, does not act within the scope of their business activity or independent professional practice.
User – a consumer or entrepreneur who concludes a contract with the operator through the web interface on the operator’s Website or by means of another remote communication tool provided by the operator.

1.3 A user who provides a Company Identification Number (IČO) when entering identification or billing details shall, for the purposes of assessing the nature of the relationship between the operator and the user, be considered an entrepreneur. The user acknowledges and agrees to this method of distinction and undertakes not to provide an IČO if, when concluding and performing the contract, they are not acting within the scope of their business activity or independent professional practice.

1.4 The provisions of these Terms and Conditions form an integral part of the contract. Any contractual arrangements that deviate from the wording of the Terms and Conditions take precedence over the Terms and Conditions. The contract is concluded in the Czech language, unless the user and the operator expressly agree otherwise. If the contract is drawn up in multiple language versions, in the event of a discrepancy between the Czech version and another language version, the Czech version shall prevail.

2. Provided Services

2.1 The services on the operator’s Website enable the user to create their own wedding website on an assigned subdomain and to manage individual modules (hereinafter the “Wedding Pages”).

2.2 The operator reserves the right to make any changes to the Wedding Pages, not to publish the Wedding Pages at all, or to remove the Wedding Pages without compensation if they are in conflict with applicable laws of the Czech Republic, these Terms and Conditions, or good morals.

2.3 The Wedding Pages will be available for a period of 18 months, unless the user specifies otherwise during registration. After this period, the Wedding Pages will be automatically deleted together with all data entered by the user. The user acknowledges that if they wish to delete the Wedding Pages before the agreed period expires, they must do so themselves via their user account.

3. User Registration

3.1 For the use of certain services, registration is required. Even if a particular service does not require registration for its use (even limited use), the use of the service is governed by these Terms and Conditions. In such cases, the user is obliged to familiarize themselves with these Terms and Conditions and expresses agreement with them by commencing use of the services. If the user does not agree with these Terms and Conditions, they are obliged to refrain from using the services. Registration is free of charge.

3.2 Registration is carried out by completing and submitting the registration form on the relevant website for the service, where the registration process is described in detail. The registration form may only be completed and submitted by a person over 18 years of age with full legal capacity.

3.3 During registration, the user is obliged to provide correct and complete information about themselves, as well as about the other future spouse or partner, where such information is marked as mandatory (hereinafter “mandatory personal data”). Without providing the mandatory personal data, it is not possible to complete registration or use the selected services of the operator. Other data is provided voluntarily by the user. The user may add, change, or edit the provided data at any time. The user acknowledges that some of the provided data constitutes personal data within the meaning of applicable legal regulations. Such data is subject to Article 7 of these Terms and Conditions.

3.4 Before completing registration, the user is obliged to familiarize themselves with these Terms and Conditions. Granting consent is a necessary condition for completing registration and using the services.

3.5 Upon completion of registration (i.e., upon receipt of confirmation of successful registration), a contractual relationship is established between the user and the operator, which is governed by these Terms and Conditions. For the avoidance of doubt, the parties declare that by completing registration, the user expresses consent to these Terms and Conditions, explicitly accepts all their provisions, and undertakes to comply with the rules set forth therein. This provision does not affect the possibility of establishing a contractual relationship by the factual commencement of service use without prior registration.

3.6 Upon completion of registration, a user account (hereinafter “user account”) is created for the user.

4. Financial Terms

4.1 Use of the operator’s services by non-registered users (especially invited wedding guests) is free of charge, except for additional services.

4.2 A registered user is entitled to order a service package via their user account according to the price list. The price of the ordered services is displayed to the registered user in the shopping cart before submitting the order and payment, as the final price including all taxes (e.g., VAT) and fees. No additional charges are applied for the delivery of services.

4.3 After completing the order, the registered user is prompted to pay the price of the services via the Stripe payment gateway (operated by Stripe, Inc.).

5. Withdrawal from Contract

5.1 The operator is entitled to withdraw from the contract if the user is in default with payment of the service price or any part thereof.

5.2 A user who is a consumer has the right to withdraw from the contract within 14 days from the date of conclusion of the contract. The withdrawal must be sent to the operator within this period, either to its contact address or to the operator’s contact email info@wemarry.io.

5.3 Withdrawal from the contract under the previous paragraph is not possible, among other things, in the case of a contract for the supply of goods customized according to the user’s wishes or for their person, and in the case of a contract for the provision of services, if the services have already been fulfilled with the user’s prior express consent before the expiry of the withdrawal period. The user acknowledges that, among other things, by publishing the wedding pages they created or by sending wedding invitations, the contract for the provision of services is considered fulfilled, and it is therefore no longer possible to withdraw from the contract under the previous paragraph.

5.4 In the event of withdrawal from the contract, the contract is cancelled from the outset. The operator shall return to the user any funds received under the contract within 14 days of withdrawal.

6. Rights, Obligations, and Declarations of the Contracting Parties

6.1 The user declares and warrants to the operator that:

they are fully competent to perform legal acts, particularly with regard to their age,
they have not been deprived of legal capacity,
their legal capacity has not been restricted to an extent preventing them from consenting to these Terms and Conditions and using the services,
all information provided about themselves during registration is truthful, complete, accurate, and correct,
by using the services under the conditions set out in these Terms and Conditions, they will not violate any legal regulations,
before commencing use of the services, they have thoroughly familiarized themselves with these Terms and Conditions, fully understand them, and agree to them.

6.2 The user undertakes, regardless of other provisions of these Terms and Conditions, that:

they will not register if doing so would result in a violation of legal regulations,
they will not use the services if such use would result in a violation of legal regulations,
they will use the services only for the purposes for which they are intended,
they will not access (nor attempt to access) the services through any interface other than the interface provided by the operator for that purpose,
they will ensure the confidentiality of all identification data and passwords necessary for user login and access to the services, and in particular will not disclose such identification data or passwords to any third party,
if they discover misuse of their identification data or passwords by any third party, they will immediately notify the operator,
they will not engage in any unlawful or unethical conduct in connection with the use of the services,
they will not do anything that would disrupt or damage the services (or the networks and servers connected to the services).

6.3 The operator is entitled, regardless of other provisions of these Terms and Conditions, to:

at any time, at its discretion, and without prior notice to the user, suspend or restrict the provision of any service or otherwise change the manner of providing any service, whether in relation to all users or only certain users, including deleting, removing, or disabling any user content,
at any time, at its discretion, and without prior notice to the user, terminate the provision of any service, whether in relation to all users or only certain users.

6.4 The operator grants the user, with respect to the service, software, and other copyrighted works of the operator (“licensed material matter to the user”), a free, non-transferable, and non-exclusive license valid worldwide to use the services, the operator’s content, and the operator’s software (hereinafter “user license”). The user license is granted only to the extent necessary for proper and customary use of the operator’s services, subject to the following limitations. Except as expressly provided in these Terms and Conditions, the user may not modify or alter, copy or otherwise reproduce, distribute, communicate to the public, otherwise disseminate, transmit, rent, lend, display, present, reproduce, publish, sublicense, transfer, or sell any information, original or copies of the licensed material matter to the user, nor create compilations or derivative works from them. The user is not entitled to use the services for any purposes contrary to these Terms and Conditions or applicable legal regulations. The user may not use the services in a manner that could reduce the value of the licensed material matter to the user, or damage, disable, overload, or impair the function of servers operated by the operator or affiliated persons, or interfere with the use of such servers or services by third parties. The user may not in any way obtain or attempt to obtain any copies of the licensed material matter to the user (even for personal use), or any materials or information relating to the services that are not or have not been publicly accessible or provided through the operator’s Website.

6.5 If, in connection with the use of the service, the user provides the operator with their texts, images, videos, copyrighted works, or other user content (hereinafter “licensed material matter to the operator”), they thereby freely, expressly, and voluntarily grant the operator a non-exclusive license to use the licensed material matter to the operator in the ways set out below. Licensed material matter to the operator means documents, information, or other data that the user sends or otherwise transmits via the service to the Website of any server through which users access any of the operator’s services.

The user declares and warrants to the operator that they are entitled to grant the operator a license to the licensed material matter to the operator under these Terms and Conditions, and that by granting such a license or by the operator’s use of it, no rights of third parties will be infringed.
The operator is entitled to use, modify, alter, copy, distribute, transmit, and otherwise communicate the licensed material matter to the operator to the public in unlimited ways, or otherwise disseminate, display, present, reproduce, publish, or otherwise make it available, grant such rights, and sublicense the licensed material matter to the operator to third parties, and to create compilations or derivative works from it.
The operator is not obliged to use the licensed material matter to the user in any way and is entitled, at its discretion, to remove the licensed material matter to the user from servers operated by the operator at any time.
The user undertakes to comply with the obligations set out in Article 6.6 of these Terms and Conditions when providing any user content to the operator.
Providing any user content, including contributions, opinions, or comments, is voluntary, and the user is not entitled to any remuneration for granting the license under this Article 6.5 of the Terms and Conditions.

6.6 User Conduct Rules

The user is responsible for the consequences of their actions associated with the use of the services and agrees not to use the services for any activities that are or could be in conflict with legal regulations applicable to the user, the rules for using the operator’s services and its legitimate interests, these Terms and Conditions, or generally accepted principles of using services provided via the internet.
The user is obliged to always respect the rights of the operator and third parties, especially when handling copyrighted works and other objects of intellectual property rights.
The user must not, in particular: use any of the operator’s services in violation of these Terms and Conditions,
use any services commercially in a manner capable of harming the operator,
obtain login names and/or passwords of other users of the operator’s services or of services and products of third parties,
misuse, block, modify, or otherwise alter any part of the service, or even attempt to disrupt the stability, operation, or data of the services,
provide access credentials to a third party,
violate the rights of the operator or third parties in any other way than specified in the preceding points,
attempt to act in any manner prohibited herein.
The user is expressly prohibited from transmitting to the operator (i.e., placing, uploading, linking, or otherwise disseminating) user content that, in particular: infringes intellectual property rights (copyright, related rights, industrial property rights, etc.) of other persons,
contains unauthorized use of trademarks, trade names, and protected designations of origin to which exclusive rights belong to a third party, or any designation confusingly similar thereto,
is otherwise contrary to good morals.
If the user uses any of the operator’s services in violation of these Terms and Conditions, the operator has the right, in accordance with Article 6.3 of the Terms and Conditions, at any time, without prior notice and without any claim by the user, to terminate or restrict the provision of services, delete, remove, or otherwise disable the user’s content, or cancel or block the user account. The user acknowledges and agrees that violation of the prohibitions set out in Article 6.6 of these Terms and Conditions may lead to the aforementioned consequences, including cancellation of the user account.

6.7 The services provided by the operator to the user are provided “as is.” The operator does not provide the user with any warranties regarding the services, the operator’s content, or third-party content, in particular no warranties regarding the functionality or availability of the services. Specifically, the operator does not guarantee that:

the services will be available continuously, twenty-four hours a day, seven days a week,
the services will be fully functional throughout their availability,
the services will be provided without errors,
the operator’s content or third-party content is accurate or correct and does not infringe any third-party rights,
products offered by third parties on the operator’s Website will be duly and timely delivered, nor does it guarantee their parameters, especially quantity, quality, or delivery date,
the information and data provided with products will always be correct, truthful, and not misleading.

6.8 The user declares that they acknowledge that the operator provides no warranties regarding the provision of services, and that therefore the provision of services is associated with certain risks. The user accepts these risks and undertakes to take all reasonable steps to eliminate or minimize the possibility of harm or other adverse consequences on their part in connection with the use of the services.

To this end, the user undertakes in particular to regularly back up all user content in an appropriate manner and to take other suitable measures.
The operator is not liable to the user for any direct or indirect harm or damage incurred by the user in connection with the use of the services, the operator’s content, or third-party content, or with the restriction or termination of the provision of services. In particular, the operator is not liable to the user for: malfunction, unavailability, or poor availability or functionality of any service,
loss, failure to save, or damage to any user content,
any consequence of providing incorrect, inaccurate, or incomplete information about the user during registration,
any consequence of the user’s breach of obligations regarding the protection of the password and login credentials to the user account,
any other consequence of using the services,
the accuracy of the content of the services, where such content should not be used by the user without further verification or consultation with an appropriate expert for personal, medical, legal, or financial decisions,
the operator and the user declare that the intention of the contracting parties is to limit the operator’s liability in connection with the services towards the user to the maximum extent permitted by mandatory provisions of legal regulations.

6.9 In accordance with Sections 3, 4, and 5 of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, the operator is not liable for user content.

6.10 The user undertakes to indemnify the operator for any damage (property or non-property) incurred as a result of the user’s culpable breach of these Terms and Conditions.

6.11 Out-of-court resolution of consumer complaints is ensured by the operator via the electronic address info@wemarry.io. The operator will send information on the resolution of the consumer complaint to the consumer’s electronic address.

6.12 The operator is authorized to provide services on the basis of a trade license. Trade supervision is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within its defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

6.13 The user hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6.14 In the event of a dispute arising from a concluded contract that cannot be resolved by agreement of the contracting parties, the consumer is entitled to initiate out-of-court resolution of the consumer dispute with the competent authority, which is the Czech Trade Inspection Authority (www.coi.cz). Out-of-court resolution of the consumer dispute is initiated at the consumer’s request. The request must be accompanied by proof that the consumer was unable to resolve the dispute directly with the operator, and other documents supporting the claimed facts, if available.

6.15 In the event of a dispute arising from a concluded contract that cannot be resolved by agreement of the contracting parties, the operator and the user who is an entrepreneur agree, in accordance with Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, on the local jurisdiction of the court of first instance for resolving disputes, such that the locally competent court shall be the District Court for Prague [•], if the subject-matter jurisdiction of a district court applies, and the Municipal Court in Prague, if the subject-matter jurisdiction of a regional court applies.

7. Personal Data Protection

7.1 The operator is the controller of personal data and is authorized to process the user’s personal data in accordance with the applicable legal regulations 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 processing of personal data and on the free movement of such data.

7.2 Detailed rules for the processing of personal data and the rights of users as data subjects are set out in the Principles of Processing and Protection of Personal Data, which are available here or accessible from the operator’s Website.

8. Final Provisions

8.1 If any provision of these Terms and Conditions is invalid, ineffective, or unenforceable (including due to conflict with consumer protection law), or becomes so, a provision whose meaning most closely approximates the invalid provision shall apply instead. The invalidity, ineffectiveness, or unenforceability of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract or the Terms and Conditions require written form.

8.2 The operator may amend or supplement the wording of the Terms and Conditions. The rights and obligations of the parties are always governed by the wording of the Terms and Conditions in effect at the time they arose.

8.3 If the contractual relationship contains an international (foreign) element, the parties agree that their relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

These General Terms and Conditions are valid from 1 May 2022.