1. These license and general business conditions (hereinafter referred to as the "Conditions") of the company Code Creator, s.r.o., IČ 24298433, with its registered office at Nové sady 988/2, 602 00 Brno, enrolled in the Commercial Register at the District Court in Brno, section C, inlet 119038 (hereinafter referred to as the "Provider") regulates the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of services (hereinafter the "Contract") concluded between the Provider and the user - natural or legal person who concludes the contract using the application / portal of the provider, but neither within the scope of its business or transaction of business nor for its business purposes (hereinafter referred to as the "User"). These Conditions also regulate contracts concluded using means of distance communication, which enable the conclusion of a contract without the simultaneous physical presence of the contracting parties, as these relations are regulated by Act No. 89/2012 Coll., The Civil Code. The application is placed by the Provider on the web interface of the online store on "publi.cz" as well as on the platform for mobile devices Android and iOS as applications "publi.cz". 2. The conditions regulate the rights and obligations of the contracting parties when using the website of the provider "publi.cz" (hereinafter referred to as the "application") and other related legal relations. 3. The services of the application may be used by a natural or legal person capable of acquiring the right for himself/herself and committing to obligations (legal acting). Under age may use the services only with the consent and under the supervision of their legal representative.
4. Legal relations between the Provider and the User that are not expressly regulated by the Conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., Civil Code, Act. No. 634/1992 Coll., on consumer protection, as amended and Act no. No. 101/2000 Coll. on the protection of personal data and on the amendment of certain laws, as well as related regulations. At the same time, this legal relationship is subject to all European Union laws.
5. Making an electronic book available in a special application of the Provider (license) to the User is considered to be a service. The User pays the Provider a fee for this service. Translated by Google Translate
1. For the purposes of these Conditions, the Service means the provision of a paid electronic book / licence by the Provider to the User for his personal use and the provision of the right to use the electronic book by the User on two devices, in the manner and to the extent specified in these Conditions. For each individual provision of the electronic book / licence, the User is obliged to pay the agreed amount to the Provider's bank account.
2. Electronic book means an available piece of work converted into an electronic data file.
3. Download for the purposes of these Conditions means the permanent or temporary obtaining of a data file with a piece of work (electronic book) in electronic form by the User at his request for two devices. Any sharing, making available of an electronic book outside this device, its use for business is a breach of the Agreement.
4. For the purpose of these Conditions, a reader means a software application provided by the supplier (for iOS and Android mobile devices), or for computers on the www.publi.cz. The app can be downloaded for free from the App Store and Google Play.
5. Credits for the purposes of these Conditions means a subscription to the service for which the User may acquire data files with the piece of work in electronic form. The purchase of credits/multi-license can be arranged separately in a package or as an exact amount for a given ebook. Translated by Google Translate
1. To use the online store services, the User must be registered.
2. When registering on the website and when using the Provider's services, the User is obliged to state all the data correctly and truthfully. The User is obliged to update the data specified in the user account if they are changed. The data provided by the User in the user account and when using the applications is considered correct by the Provider. The User is liable for any damage caused by false or incorrect data.
3. Access to the user account is secured by a username and password. The User is obliged to secure the username and password and prevent to make it accessible to a third party. The User acknowledges that the Provider is not liable for breach of the user account.
4. The user is not entitled to allow the use of the user account to third parties. The Provider is not responsible for misuse of the User 's account.
5. The user can use the username and password to register any number of devices. Based on the registration of the customer made on the website, the User can access the user interface through applications. From its user interface in the application, the User may use the services of the Provider (hereinafter referred to as the "User Account").
6. The User may be temporarily restricted from accessing the User Account in the application due to the loss of connection to the server. To re-access, the User must re-enter the username and password, this will be verified with the user registration. The Provider may restrict the User's access to the User Account if the User breaches its obligations under the contract for the provision of services (including the Conditions), without compensation.
7. The User acknowledges that the User Account may not be available around-the-clock, especially with regard to the necessary maintenance of the Provider's hardware and software.
8. The User is not entitled to mask or hide his/her IP address or geographical location in any way.
9. The Provider has the right to cancel the User Account if the User violates its obligations, especially the obligation not to modify, misuse, disseminate the book and take steps to violate the protection of electronic books. If such a User Account is cancelled, the User will lose the opportunity to log in to its user interface.
Translated by Google Translate
1. All electronic pieces of work offered by the Provider are listed with their price including value added tax (hereinafter referred to as "VAT").
2. The service is provided upon receipt of the order and payment of the relevant price (i.e. by crediting the required amount to the Provider's account).
3. The User is obliged to check his order and all data stated in it. The Provider is not liable for damages resulting from errors or by providing incorrect data by the User, or in case that the User breaches its obligations under the contract for the provision of services (including these Conditions), without compensation.
4. The User's order must be paid online, in case of multi-licence no later than the 7th calendar day after placing the order. If this does not happen, the order will be cancelled.
5. In case of incorrect billing on the Provider's side, the User has the right to complain the payment. This complaint must be made in writing to the Provider, without undue delay after finding out the error and/or being able to find out, but no later than within 14 days from the moment of erroneous billing of the payment. Translated by Google Translate
1. The User acknowledges that electronic books are protected by copyright law, secured against copying and distribution. The User undertakes not to modify the books, not to misuse them and not to provide them, distribute them or take such steps as would aim to undermine the protection of the provided electronic books. The User is responsible for any damage that his/her behaviour may cause.
2. The User is aware that the books can be read only on some technical devices, namely those that have the necessary software for the use of services, especially publi.cz applications. The technical equipment, especially the so-called tablet, notebook or desktop and others, must be sufficiently technically capable of operating the application. For some processes of the application itself it is required a sufficient and stable connection. Paid books can only be purchased and read on a tablet device that has the appropriate software and hardware. The minimum requirements for software and hardware are published on the Provider 's website.
3. If the User does not have the necessary software, the Provider is not responsible for the impossibility to download the piece of work.
4. The application (reader), through which the User will have access to the books, can request an update itself (if necessary) and the User must tolerate it. If it prevents the update on the given reader, the application can be deactivated and the User on this reader temporarily loses access to the books. This will be restored after the application update. Translated by Google Translate
1. All presentation of electronic books offered by the Provider for use that is placed in the web interface is of an informative nature. You can only buy goods for which the website asks for the payment, or to download goods free of charge for which it is expressly stated that they can be downloaded.
2. The contract for the provision of services arise between the User and the Provider by a properly completed registration.
3. The User will be granted a licence for the selected title (publication) only after full payment of the purchase price.
4. When ordering books, the Provider works with the data already provided during registration. These data are considered correct by the Provider and the User is responsible for their accuracy.
5. The offer to use the services of electronic books and their prices shall remain valid as long as they are displayed in the web interface.
6. The Provider uses all the payment instruments described above with the help of other financial institutions, partners who mediate payment transactions. The Provider will make the purchased e-books and other purchased e-goods available only when it is informed by these partners about the realisation and course of payment, which is usually online immediately after the funds have been credited to the Provider's account. Translated by Google Translate
1. By means of a license agreement, the Provider undertakes to provide the User with digital content / licence, which is the subject of an agreement between the contracting parties.
2. The Provider is not liable for service defects arising as a result of third party interventions in the functionality of the Portal or User Account or as a result of using the Portal or User Account contrary to their purpose.
3. The Provider is not responsible for the functionality of the User's data network, the functionality of the public data network, the functionality of the User's hardware equipment, the status of the User's software and any third party interventions in the User's software.
4. The Provider is not responsible for the impossibility to download the piece of work if the User does not own the software or hardware equipment recommended by the Provider.
5. The user is responsible for any activity that will be considered an illegal interference with copyright, according to Act No. 121/2000 Coll., The Copyright Act, as amended, as well as other effective legislation. Translated by Google Translate
1. The protection of users's personal data who is a natural person is provided by Act No. 101/2000 Coll. on the Personal Data Protection, as amended.
2. By registering on the Provider's website, the User agrees to the processing of the personal data as follows; name and surname, address, address; business name, headquarters, ID, VAT (in the case of a legal entity), telephone number, e-mail (hereinafter collectively referred to as "personal data").
3. The User agrees to the processing of the personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the User chooses another option, the User agrees to the processing of the personal data by the seller also for the purpose of sending information and business messages to the User. Consent to the processing of the personal data in the full range of this article is not a condition that would preclude itself the conclusion of a purchase agreement.
4. The User acknowledges that he/she is obliged to state his/her personal data (when registering, in the User Account, when ordering from the web interface of the store) correctly and truthfully and that the User is obliged to inform the Provider on any change in his/her personal data without undue delay, and this exclusively by editing the contact details on the Provider 's web interface.
5. The Provider may authorise a third party to process the User's personal data as a processor.
6. Personal data will be processed for the entire duration of the contractual relationship and for the period specified by the relevant legislation. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
7. The User confirms that the provided personal data is true and that the User provides this data to the Service Provider voluntarily. The User declares that he/she has been informed that the consent to the processing of personal data may be revoked in relation to the Provider by a written notice delivered to the Provider's address. In this case, however, the User's registration, user account and access to books will be cancelled.
8. If the User believes that the Provider or the processor performs the processing of his/her personal data in conflict with the protection of the User's private and personal life or in violation of legal regulations, the User may:
a) ask the provider or processor for an explanation,
b) request that the Provider or processor eliminate the situation thus created.
In particular, it may involve blocking, correcting, supplementing or disposing of personal data. If the User's request is found to be justified according to the previous sentence, the Provider or the processor shall immediately remove the defective condition. If the Provider or the processor does not comply with the request, the User has the right to contact the Office for Personal Data Protection directly.
The User agrees to the sending of information related to electronic books to the electronic address or telephone number provided by the User.
9. If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information. Translated by Google Translate
1. If the Provider delivers digital content to the User without a solid medium, the User expressly agrees by sending the order that the provision of execution begins immediately, that the execution is provided to the User after crediting the relevant payment to the Provider. The user is entitled to withdraw from the contract only until the moment when the execution by the provider has begun, then the right to withdraw from the contract expires. The beginning of the execution means the provision of access to the purchased content to the reader application, or the download of physical files directly to the user account in the application or readers.
2. If the provision of digital content without a solid medium is not provided, the user has the right to withdraw from the contract within fourteen days in accordance with the provisions of § 1829 paragraph 1 of the Civil Code and this period begins to run since the date of conclusion of the contract and in case of purchase contract since taking delivery of the goods and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract must be sent to the provider within the period specified in the previous sentence. Withdrawal from the contract may be sent by the User to the address of the Provider 's business premises or to the Provider' s e-mail address.
3. In case of withdrawal from the contract, the contract is terminated from the beginning. If the User has received the goods, the goods must be returned to the Provider within fourteen (14) days of withdrawal from the contract. If the User withdraws from the contract, the User shall pay the shipping costs associated with the return of the goods to the Provider, even if the goods cannot be returned by ordinary mail due to their nature.
4. In case of withdrawal from the contract, the Provider shall return the funds received from the User within fourteen (14) days of withdrawal from the contract by the User, in the same manner as the Provider received them from the User. The Provider is also entitled to return the funds in another way, if the User agrees and the User does not incur any additional costs. If the User withdraws from the contract, the Provider is not obliged to return the received funds to the User before the User returns the goods or proves that he sent the goods to the Provider. Translated by Google Translate
1. In case of a malfunction of the electronic book, which was demonstrably not caused by its faulty installation, defect of the reading device or its software, unauthorised interference with the content of the work, the user is authorised to complain the malfunction within 24 months from the date of giving access to the book.
2. If the defect can be eliminated, the user has the right to correct the defect or a reasonable discount. If the defect cannot be eliminated, the user has the right to withdraw from the contract or to a reasonable discount.
3. The complaint will be settled within 30 days, unless the parties agree otherwise. Translated by Google Translate
1. If a party's delay in performance is caused by exclusionary influences (typically a natural disaster such as floods, fires, earthquakes, landslides, etc., or a political event such as a strike, coup, terrorist attack, war, etc.) (hereinafter "Force Majeure") and if the delay is wholly caused by Force Majeure, the party who breached the Force Majeure Agreement for the duration of the Force Majeure shall not be in delay of its obligation.
2. In case of Force majeure, a party who is in delay for this reason is obliged to inform the other party of the existence of Force majeure, without undue delay, but no later than 3 (three) days from the time of the existence learn of this intervention. If the party fails to fulfil this obligation, it shall be regarded as if the party had not been affected by Force majeure.
3. If the existence of Force majeure is notified in accordance with the preceding paragraph, the affected party shall be extended the period for performance by the period during which Force majeure lasted.
4. If the Force majeure does not expire for a period longer than 60 (sixty) days, either party may withdraw from the contract without penalty. Translated by Google Translate
1. If a consumer dispute arises between the Provider and the User and they do not conclude an agreement on the subject matter of the dispute, the Czech Trade Inspection Authority is the subject of out-of-court consumer dispute resolution. The rules laid down by the Czech Trade Inspection Authority, which regulate the procedure for out-of-court dispute resolution in accordance with Act No. 634/1992 Coll., on consumer protection, as amended, as well as the application form, are available to consumers at www.coi.cz/en. Translated by Google Translate
1. The Provider reserves the right to change or supplement these Conditions at any time. Amendments or additions to these terms and conditions shall coming into force on the day of their publication on the website.
2. By registering, the user also confirms his unconditional consent to the Provider's Terms and Conditions.
Code Creator, s.r.o. to 13 March 2018 Translated by Google Translate