The mutual rights and obligations of the User and the Operator arising from the use of the
Application are governed by the following Terms and Conditions:
1 Definitions
1.1 In these Terms and Conditions:
1.1.1 The "Operator" is Tomáš Táborský, ID No. 14959631, place of business at U Sluncové 712/8b, Prague 8, Czech Republic.
1.1.2 "App" means a mobile application called DogShows APP, one of the main functionalities of which is the search for dog shows in Europe.
1.1.3 "GTC" means these General Terms and Conditions.
1.1.4 "Contract" means a contract concluded between the User and the Operator, the subject of which is the provision of a License to use the Application to the User under the terms and conditions specified in these GTC.
1.1.5 "License" means a non-exclusive license to use the Application under the terms and conditions set out in these GTC.
1.1.6 "User" means any legal or natural person other than the Operator who uses the Application.
1.1.7 "User Account" means the non-public part of the Application that is accessible to the User after entering the Login Data and allows the User to use the entire functionality of the Application.
1.1.8 "Login Data" shall mean a unique combination of the User's login name and password chosen by the User, which the User shall store in the database of the Application when setting up a User Account through the Application.
2 The process of concluding a contract for the use of the Application
2.1 The display of the "Renew Subscription" button in the user interface of the Application is a proposal for the conclusion of the Agreement by the Operator.
2.2 The User's clicking on the "Renew Subscription" button is an unconditional acceptance of the proposal to conclude the Agreement by the User and by this act the Agreement is concluded.
2.3 By clicking on the button within the meaning of 2.2, the User also agrees to these GTC and the Operator undertakes to inform the User about it in the user interface of the Application.
2.4 Upon the conclusion of the Contract, the following provisions of these GTC come into effect.
3 Using the App
3.1 The Operator grants the User a License to the extent and under the conditions specified in the user interface of the Application, in particular specified for the given type of User Account.
3.2 For granting the License, the User undertakes to pay the Operator a fee in the amount specified in the user interface of the Application.
3.3 The Operator has the right to provide the performance of the Contract only at the moment when the fee for the provision of the License is paid, and if the User does not pay the fee for the License in full within the period set by the Operator, otherwise immediately, the Contract shall be cancelled without further notice from the beginning.
3.4 After the expiry of the Licence period, the Operator is entitled to make the User Account fully inaccessible to the User.
3.5 The User may not set up more than one User Account.
3.6 The User is not entitled to grant a third party a sub-licence to use the Application.
3.7 All financial payments made through the Application or the payment gateway linked to the Application shall be deemed to have been paid by crediting the entire relevant amount to the relevant bank account of the Operator.
3.8 The Operator has the right to shut down, change and/or disable access to the Application or its part only for the following reasons: elimination of errors, innovation, extension of functions. In such a case, the User is not entitled to a refund of the proportional amount paid for the use of the Application.
3.9 The User has the right to use the Application under the terms of the Agreement in its current version.
3.10 When using the Application, the User undertakes to act in such a way that neither the User nor the Operator incurs any damage by using the Application.
4 Databases
4.1 The User does not have the right to use the Application to extract the database associated with the Application by means of machines (in particular by means of so-called software robots).
4.2 The User and the Operator hereby agree that any data entered by the User into the database of the Application are parts of the database collected by the Operator and become part of the database of the Operator, without the User having any right to the database of the Application by his/her actions described in this paragraph.
4.3 The Contracting Parties are aware, unanimously declare and make indisputable that the Application fulfils the conditions of Art. Sec. 562. 2 of the Civil Code, i.e. that the data records in the Application and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.
5 Liability for Damage
5.1 The provisions of this article of the GTC do not apply to consumers.
5.2 The User hereby expressly waives the right to compensation for damage from the Operator unintentionally or not due to gross negligence caused by the Operator by breaching any of the Operator's obligations specified in the Contract in connection with the performance of the Contract or in these GTC.
6 Amendment to the T&C
6.1 The User acknowledges that the Operator enters into the Contract in the ordinary course of business with a larger number of persons and the Contracts are, by their nature, binding on a long-term basis to repeated performances of the same type with reference to these GTC. The Contracting Parties make it indisputable that the nature of the Operator's obligations under these GTC implies and already before the conclusion of the Contract there was a reasonable need for a later amendment of these GTC.
6.2 The Contracting Parties hereby agree that the Operator may amend these GTC to a reasonable extent, and at the same time agree that the User, as the other party, will be notified of the change to the GTC via an e-mail message sent to the e-mail address entered by the User in the Application. In such a case, the User has the right to reject changes to the GTC and to terminate the obligation between the User and the Operator for this reason within a notice period of one (1) calendar month, which shall commence on the day following the sending of the notification, which the Contracting Parties hereby unanimously declare to be sufficient to procure similar performance from another entity.
6.3 In the event that a new Agreement is concluded in relation to an existing User Account (i.e. renewal or extension of the User Account), such Agreement shall be governed by the GTC as amended on the date of conclusion of such Agreement.
7 Privacy
7.1 The Operator is obliged by law to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized disclosure or use.
7.2 For more detailed information on data protection, please refer to the Privacy Policy.
8 Mandatory Consumer Information
8.1 This article of the GTC is effective only with respect to the User who is a consumer. The provisions set out in this article of the GTC do not apply in particular to entrepreneurs – sole traders or companies.
8.2 The Operator hereby informs the User that:
8.2.1 the address for delivery of documents to the Operator is the same as the above-mentioned address of the Operator's registered office;
8.2.2 the Operator's telephone contact is +420 604 210 121;
8.2.3 the Operator's address for the delivery of electronic mail is dogshowsapp@gmail.com;
8.2.4 the Operator's remuneration for the Licence is determined including all taxes and fees and its amount is set out in the Application;
8.2.5 The User is obliged to pay the Operator a fee for the License, unless the License is provided free of charge, in one of the ways specified in the user interface of the Application. The Operator shall enable the User to use the Application for a period of 1 month free of charge, with this period beginning with the downloading of the Application and the creation of a User Account;
8.2.6 The User does not incur delivery costs;
8.2.7 access to the Internet is required to use the Application;
8.2.8 The User has the right to withdraw from the Agreement without giving any reason and without any sanction. Acceptance of performance means the granting of a License;
8.2.9 in relation to the Operator, the User does not incur any costs for the use of distance means of communication;
8.2.10 data on the conclusion of the Contract, including these Terms and Conditions, are stored in the Application database and the User has access to them through the User Account.
8.2.11 The User has the possibility to detect errors by checking in the User Account;
8.2.12 correction of errors made during data entry may also be carried out through the Application and, where the Application does not allow it, through technical support, the contact details of which are specified in the Application;
8.2.13 The Operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
8.2.14 The Operator does not use any means of out-of-court dispute resolution;
8.2.15 the subject of the Contract is not the delivery of goods, so the provisions of the Complaints Act do not apply to the Applications; liability for obvious or hidden defects of the Application that the Application had at the time of its disclosure to the User may be claimed from the Operator under the conditions stipulated by law, the Contract and these GTC;
8.2.16 The User is obliged to comply with these GTC, which are also part of the Agreement, and the valid and effective legal regulations of the Czech Republic;
8.2.17 The User may lodge a complaint with a supervisory or state supervisory authority. The Czech Trade Inspection Authority deals with out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
9 Governing Law
9.1 These GTC, as well as the Agreement, are governed by the laws of the Czech Republic, in particular Act No. No. 89/2012 Coll., the Civil Code, as amended.
9.2 Any disputes arising on the basis of the Contract and/or these GTC shall be decided by the courts of the Czech Republic with subject-matter and territorial jurisdiction.
10 Efficiency
10.1 These GTC come into force and effect on 09.03.2024.