1. INTRODUCTORY PROVISIONS
The General Terms and Conditions of Business ("Terms and Conditions") set out, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations between the Operator, Zooropa, s.r.o. and third parties (hereinafter referred to as the "Customer" or "User" or "Advertiser") arising from contracts for the provision of services (hereinafter referred to as the "Contract") concluded through the Internet portal at https://foraquarist.com (hereinafter referred to as the "Portal" or through the ForAquarist mobile application (hereinafter referred to as the "Application")).
The provisions of these Terms and Conditions form an integral part of the Contract. Arrangements deviating from these Terms and Conditions may only be agreed in writing, in which case the exchange of e-mail or other electronic messages shall not be deemed to be in writing.
In accordance with the provisions of Section 1752 of the Civil Code, the Parties agree that the Operator may unilaterally change the Terms and Conditions to a reasonable extent. The change of the Terms and Conditions shall be notified to the User by electronic mail (e-mail) to the address indicated in the User's account or in the Portal or mobile application environment. The User may reject the change of the Terms and Conditions and terminate the Service Agreement in writing within a notice period of one calendar month from the date of delivery of the notice to the Operator.
2. CONCLUSION OF THE SERVICE CONTRACT
2.1 The User shall propose the conclusion of the Service Agreement by filling in the data in the registration form and sending it to the Operator, including the expressed consent to the Terms and Conditions and Privacy Policy on the Portal. The User is obliged to provide true information.
2.2 The User acknowledges that the Operator is not obliged to accept the proposal to conclude the Agreement.
2.3 After sending the proposal for conclusion of the Contract, the User agrees that the Operator may immediately start providing services in case of conclusion of the Contract.
3. RIGHTS AND OBLIGATIONS OF THE USER
3.1 The User undertakes to provide the Operator with all necessary data and documents required for the implementation of the agreed services. The User declares that the personal identification and contact information provided during registration, during the use of the Services and in the Agreement is complete, up-to-date and true. The User undertakes to avoid naming his/her account in a way that could give the false impression that he/she is someone else or that he/she represents another existing company or brand. The User accepts that the Operator may change the User's username if it believes that the User is in breach of the above terms.
3.2 The User agrees not to hold the Operator liable for any third party legal claims arising out of the provision of the ordered service, and that any third party claims against the Operator arising in causal connection with the User's actions shall be fully indemnified by the User.
3.3 The User undertakes to comply with the Rules of Use of the Portal, which are available on the Portal and are an integral part of the Terms and Conditions.
3.4 The User undertakes to comply with Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright, not to use materials and not to upload content that contradicts good morals, applicable laws of the Czech Republic or damages the Operator. Content means any text, photos, graphics, images, sound, video and any other type of information that can be stored on a computer and that appears on the Portal as a result of the Customer's use of it or forms part of it.
3.5 The User is not entitled to insert third party advertising or commercials on the Server or to pass on his/her login details to others. Violation of these obligations constitutes a material breach of the Agreement, provided that in the event of withdrawal from the Agreement by the Operator for this reason, the User shall not be entitled to any compensation.
3.6 The User agrees to use the secure messaging (chat) provided by the Operator for communication and not to use alternative messaging methods such as email. The User undertakes not to use profanity, send unsolicited messages or otherwise abuse the means of communication offered by the Operator.
3.7 The User is not entitled to provide the services of the Portal to third parties.
3.8 The User undertakes to use all the services provided without intending to harm the Operator or any third party.
3.9 Breach of the above obligations shall constitute a material breach of the Agreement, provided that in the event of withdrawal from the Agreement by the Operator for this reason, the User shall not be entitled to any compensation.
4. RIGHTS AND OBLIGATIONS OF THE OPERATOR
4.1 The Operator undertakes to provide the User with the services to the agreed extent and for the agreed period of time during the term of the Agreement.
4.2 The Operator reserves the right to control the content of advertisements and posts and not to provide the ordered service if its form, content or quality does not correspond to the interests of the Operator and/or if it would be contrary to the applicable laws of the Czech Republic, good morals or these Terms and Conditions, even if this fact is discovered during the provision of the service.
4.3 The Operator reserves the right to suspend the provision or activation of the ordered service in the event that the User fails to pay any of its obligations to the Operator by the due date.
4.4 The Operator shall not be obliged to compensate the User for actual damages or lost profits resulting from data network failure, limitation, interruption, failure to provide the service, hacking attack or faulty performance of third parties, misuse of login data or its misuse by third parties, including force majeure.
4.5 The Operator does not guarantee that the Portal or the Applications will always be available and is not responsible for any losses or complications related thereto.
4.6 The Operator has no control over the transactions that take place between Users and makes no warranties and assumes no responsibility for the quality or origin of the service and/or goods offered by the User. The relationship between the User and the interested party is governed by the provisions of the Civil Code. The responsibility for the delivery and acceptance of the goods or services offered by the User and the payment for them lies entirely with the User and the prospective User.
4.7 The Operator has the right to remove any content posted by the User or to cancel the User's access with immediate effect, without any claim for compensation to the User and without any obligation to inform the User. This may occur in particular in the event of non-compliance with the Terms and Conditions or the Rules of Use of the Portal, if it is contrary to applicable legislation, if the Operator is led to do so by its legitimate interests or the protection of the rights of third parties.
4.8 The Operator reserves the right to check and possibly modify the content of the Advertisement for spelling errors or typos in the text. By grammatically modifying the Advertisement, the Operator does not assume responsibility for the truthfulness of the information contained in the Advertisement.
4.9 Individual Advertisements are categorised as determined by the Operator. In this context, the Operator is entitled to modify the displayed data at its discretion. The Operator reserves the right to determine the method of displaying the Advertisements and to change this method at any time.
4.10 The Operator reserves the right to unilaterally change, extend or cancel the services provided, in particular for commercial, technical, operational reasons or in the event of a change in legislation.
5. WITHDRAWAL FROM THE CONTRACT
5.1 The User may withdraw from the Agreement in a demonstrable manner (e.g. by sending an e-mail requesting cancellation of the account, or via the designated functionality on the Portal or in the Application).
5.2 The Provider has the right to withdraw from the Agreement without undue delay during the delivery of the service in cases of a material breach of the General Terms and Conditions or the Rules of Use of the Portal by the User (§ 2002/1 of the Civil Code).
