Pursuant to Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (“the Civil Code”)
issued by DETOXme s.r.o., Company Registration No.: 04736931, seated at Elišky Junkové 312/47, Droždín, 779 00 Olomouc, a company entered in the public register maintained by the Regional Court in Ostrava, section C, file 64966, contact details: phone: +420 602 512 561, email address: email@example.com, www http://getdetox.me.
I Definition of Terms
1 Online Platform refers to Apple App Store.
2 Online Platform Provider refers to the Apple Company or persons authorised by it.
3 Application refers to the Application (software) called detoxMe available on the Online Platform in the form of in-app, which may be used by the User on the basis of a licence provided by the Provider. The Application consists of 2 main parts: the educational part, which is public and free, and the Personalised Detoxification Plan, which is not public and is charged.
4 Application Provider refers to DETOXme s.r.o., Company Registration No.: 04736931, seated at Elišky Junkové 312/47, Droždín, 779 00 Olomouc, entered in the public register maintained by the Regional Court in Ostrava, section C, file 64966.
5 User refers to any individual, who is identified by the Online Platform as the User, and who has downloaded the Application from the Online Platform; a visitor of the Provider’s web site; a data subject within the meaning of the Personal Data Protection Act, whose personal data are processed by the Provider on the basis of an agreement with the User in accordance with the legislation. The User also refers to a person, who tries to use or enter any part of the Application in a way other than according to these General Terms and Conditions (“GTC”).
6 Personalised Detoxification Plan refers to a paid part of the Application consisting in the service, tailor-made to the User on the basis of the basic information provided by the User, consisting of meals and procedures and designed for the time period ordered by the User (subscription).
7 Subscription refers to the period of time, for which the paid part of the Application can be used, and which the User has chosen when buying the paid part of the Application.
8 Registration refers to voluntary provision of the basic data by the User in the registration form in the Application, which can include the User’s personal data.
9 Questionnaire refers to a set of questions to be answered by the User. A completed questionnaire is a prerequisite for using the Personalised Detoxification Plan service.
10 User Account refers to an account in the Application opened for a particular User. The login data for the User Account is created by the User during Registration. The User Account contains (a) information provided by the Provider to the User, (b) information stated by the User, (c) personal data of the User stated by the User and approved by the User for processing in the Application.
11 Licence refers to an authorisation to use the Application, content, software and other copyrighted work of the Provider, which is granted by the Provider to the User according to these General Terms and Conditions. The Licence is defined in Art. IV of these GTC.
12 Third Person refers to an entity other that the Provider or User.
II Fundamental Provisions
1 These GTC regulate the rights and obligations of the Provider and User created in relation to or on the basis of a licence agreement with respect to the Application pursuant to Section 2358 of the Civil Code via the Online Platform. These GTC form an integral part of each contract made between the Provider and User.
III Making an Agreement
1 An agreement made between the Provider and the User for the use of the Application is made when the User downloads or saves any part of the Application. After downloading, the User has free access to the educational part of the Application.
2 If the User wants to use the paid part of the Application, i.e. the Personalised Detoxification Plan, he/she must register, fill in the Questionnaire, and pay the selected Subscription fee. The agreement for the use of the paid part of the Application, i.e. the Personalised Detoxification Plan, is made as soon as the User makes the payment with respect to the Online Platform. Upon payment completion, the User gains access to the Personalised Detoxification Plan. The User will receive the acknowledgement of payment at the User’s e-mail address entered in the Online Platform.
3 The User is entitled to extend the Personalised Detoxification Plan repeatedly in the form of payment for the new Subscription.
4 The User agrees with the use of remote communication means in making the agreement. The costs incurred to the User in using remote communication means in making the agreement (the costs of Internet connection) are paid by the User, where such costs do not differ from the basic rate.
5 By making the agreement, the User also acknowledges that he/she has acquainted himself/herself with the nature and content of the Application and, for this reason, he/she is not entitled to ask for refund of the payment made within the provided Application for any of the services offered, arguing that he/she is not satisfied with the Application.
1 The Provider gives the User a limited-time, territorially-unlimited, non-exclusive and non-transferrable licence for the use of the Application or its parts. The licence is given only to the extent serving for due and normal use of the Application, subject to the following limitations:
a The User is not entitled to change or alter, copy or reproduce any parts of the Application, or to create any collected or derived works on their basis.
b The User is entitled to use the Application only for his/her personal purposes. The User is not entitled to assign the licence, sublicense or use it for any other purpose without the Provider’s prior written consent.
c The User is not entitled to use the Application for any purposes which are contrary to these GTC or legal regulations.
d The User must not use the Application in a way that could diminish the value of the work.
V Copyright and Other Rights
1 The content and design of the Application, materials (texts, photos, images, logos, etc.) occurring in the Application and in related digital and printed media (promotional leaflets, advertisements, etc.), including the Application software, are protected by the Provider’s copyright and may also be protected by other third-party rights. The content must not be changed, copied, reproduced, distributed by the User or used by any Third Person for any purpose without the Provider’s written consent. In particular, it is forbidden to make photographs, texts, tips and other content located in the Application available free of charge or for a fee. The parties have agreed that if the User fails to comply with this ban, the Provider is entitled to charge a contractual penalty amounting to CZK 1,000,000 for each case of such breach. This will not affect the Provider’s right to damages, the right to proceed in accordance with the Copyright Act and/or the Criminal Code. Names and designations of the Application, programmes and parts may be registered trademarks of their corresponding owners. The User acknowledges that he/she is not entitled to use the tradename of the Provider, its trademark, logo, domain name or any other designation and trade elements of the Provider without the Provider’s prior written consent.
VI User Account
1 The User is entitled to use the educational part of the Application without Registration. The User must register if the User wants to use the paid part of the Application. Following the Registration, the User gains access to the User Account. In the User Account, the User may order, provide and use the Personalised Detoxification Plan.
2 In making the Registration, filling in the Questionnaire and ordering the Personalised Detoxification Plan, the User is obligated to provide correct and true obligatory data. The Provider is not liable for any damage caused as a result of the User’s breach of the obligations according to the foregoing sentence.
3 Access to the User Account is secured by a user name and password. The User is obligated not to disclose the information required for the access to his/her User Account. The Provider is not liable for any misuse of the User’s account by a Third Person.
4 The Provider may cancel the User Account, especially in the case that the User has not been using his/her account for a long period of time, or if the User has breached his/her obligations under the licence agreement and/or these GTC.
1 The fee for the Licence for the Personalised Detoxification Plan is provided in the Application. The Online Platform may increase this fee by any taxes and other fees resulting from applicable legal regulations concerning cross-border sale within and outside the EU. The fee and charges are paid by the User using the methods facilitated by the Online Platform. The costs of the services are included in the Licence fee.
2 The payment for the services can be made in Czech crowns (CZK), euros (EUR) and dollars (USD).
3 Any discounts on the fees for the services provided by the Provider to the User may not be combined, unless otherwise explicitly stated by the Provider.
4 The User assumes the risk of change in circumstances within the meaning of Section 1765(2) of the Civil Code.
5 By making the agreement, the User also states that he/she has acquainted himself/herself with the functions offered by the Application, and, for this reason, he/she is not entitled to ask for refund of the fee paid for the Licence within the provided Application, arguing that he/she is not satisfied with the Application.
1 The Provider undertakes to make all efforts to operate the Application and enable the User to use it in accordance with these GTC.
2 The Application is available only via the interface selected and offered by the Provider for the Application. The User is not entitled to enter the Application in any other way.
3 The User acknowledges that the Online Platform, Application or their individual parts do not have to be available continuously, especially with regard to inevitable maintenance of the Provider’s hardware and software and/or any third-party hardware and software. The Provider is not liable for any damage incurred as a result of the facts described in this paragraph.
4 The Application is operated as is. The Provider is entitled to change the parameters of the Application. However, it is obligated to inform the User about these changes in advance by changing the GTC.
5 The Provider is not obligated to improve, change or replace any part of the Application or continue in the development or launching of a new version of the Application.
6 The Provider undertakes to provide nonstop user support. However, the Provider does not guarantee any minimum time for providing feedback.
7 With regard to the character of e-mail communication, the Provider is not liable for the correct delivery of e-mail messages from its servers or to other servers and from/to its network, and is not liable for any damage caused by an undelivered or lost e-mail message.
8 The User is fully responsible for his/her decision to use the Application. The Provider is not responsible for the fact whether the User’s use of the Application is in harmony with his/her state of health, and is not liable for any damage or loss, which was or could be caused to the User in connection with the use of the Application.
IX Exclusion from Provision of Services
1 The Provider may refuse to give the Licence to the User, whose activity falls, at least partially, into one of the following categories, or the content he/she provides, saves, shares or downloads falls, at least partially, into one of the following categories: (a) it contradicts the legal order of the Czech Republic or applicable international treaties, (b) it contradicts good morals, (c) it violates copyright, patent, industrial or any other similar rights, (d) it directly or indirectly damages any rights of the Provider and/or third person, (e) it overloads the infrastructure or technical or software means of the Provider or other parties, (f) it endangers the privacy or security of other systems or persons.
2 The aforesaid provisions apply to everything that may be included, wholly or in part, in one of the categories specified above; only the Provider may determine that this paragraph has been breached by the User.
3 The User is not entitled to save or share data (files), which he/she is not an author of, and which he/she has not a written consent to use from their author or owner of the rights related thereto. In case of any suspicion of the violation of this ban, the Provider is entitled to ask the User for a written confirmation that he/she is entitled to do so. The User is obligated to submit such confirmation to the Provider without undue delay. If the User fails to submit such confirmation, the Provider is entitled to limit, discontinue the Service or delete the contentious data (files). It is only up to the Provider to determine whether the services are used in accordance with these terms and conditions.
4 If the User breaches these GTC, the Provider is entitled to cancel the User Account immediately, preventing him/her from accessing the Application. This will not affect the Provider’s right to damages.
5 The User is fully responsible for any damage caused to the Provider, other Users of the Application or any third party by his/her acts that contradict these GTC and/or the legal order of the Czech Republic. The User may not be released from this responsibility.
X Withdrawal from the Agreement
1 Regarding the character and speed of the Application, the User is not entitled to withdraw from this Agreement (Section 1837(l) of the Civil Code).
1 The Contracting Parties have agreed that they will deliver all the correspondence to the other party via electronic e-mail to an e-mail address stated in the User Account or in the User’s order and to the e-mail address stated on the Provider’s website.
XII Final Provisions
1 All and any agreements between the Provider and the User will be governed by the valid and effective legal order of the Czech Republic. If a relationship established by an agreement contains an international (foreign) element, the parties have agreed that the relationship will be governed by the Czech law. This will not affect the consumer rights resulting from the generally binding legal regulations.
2 Unless otherwise indicated by the context, the meaning of all terms in singular used in this Agreement will be the same as the meaning of the terms in plural and vice versa.
3 If these GTC are available for the User in more language versions, the Czech version will prevail. In that case, the Provider will not be responsible for the accuracy of such translation.
4 Within the meaning of Section 1752 of the Civil Code, the Provider reserves the right to modify these GTC to a reasonable extent. The new version of the GTC will be published by the Provider on its www site, and the User will be informed about such change, if applicable, by e-mail, within a reasonable period of time before the new GTC come into effect. The User is entitled to refuse such changes in the GTC in writing by e-mail on the effective date of such changes at the latest. If the User does not refuse such changes in the GTC within the specified period of time, the parties have agreed that the contractual relationship is governed by the new wording of the GTC. If the user refuses the changes/new full wording of the GTC, the Provider and User are entitled to terminate the relevant contractual relationship ahead of schedule, by mutual agreement or by notice of termination. In that case, the period of notice will be one month from the written notification of the change in the GTC sent to the other Contracting Party.
5 The Provider is entitled to provide services under a trade licence, and the Provider’s activities are not subject to any other licensing procedure. The trade can be inspected by the competent Trade Office within its powers. Personal data protection is supervised by the Office for Personal Data Protection (http://www.uoou.cz). Compliance with legal regulations concerning the provision of services to consumers and the protection of consumers is checked by the Czech Trade Inspection Authority (http://www.coi.cz), which is competent to settle consumer disputes resulting from this Agreement out of court.
6 The Provider is not bound with respect to the User by any codes of conduct, and does not submit to any such codes voluntarily (within the meaning of Section 1826(1)(e) of the Civil Code).
7 The Agreement, including the GTC, is saved and archived by the provider in electronic format and is not available to any third person. The provisions of these GTC and legislation concerning the disclosure of this Agreement and these GTC to the User are not affected thereby.
8 If the User asks for information about these GTC and the Agreement, the Provider will provide all and any necessary information without delay.
9 The User and the Provider undertake to settle all and any disputes amicably and/or via a mediator. If the parties decide to settle a dispute before court, they have agreed in accordance with Section §89a of the Code of Civil Procedure that the District Court in Olomouc and/or the Regional Court in Ostrava will have the territorial jurisdiction.
These GTC come into effect on 9 March 2016.
Appendix: Personal Data Protection Rules