1. INTRODUCTORY PROVISIONS
1.1 The company YeahCoach s.r.o, registered under number Gregorova 2115/10, Chodov, 148 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 274298 (hereinafter referred to as the "Provider"), provides the following services, websites, and applications located on the www.yeahcoach.com Web site ("Services").
1.2 The relationship of the provider with the users of the above services is governed by these General Terms and Conditions (hereafter "GSP" or "Conditions").
2.1 Provider. Provider is YeahCoach s.r.o., Company ID 06039201, registered office at Gregorova 2115/10, Chodov, 148 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague in Section C, File 274298.
2.2 User. A service user is any person who, under these terms, has made a registration, or any person who, regardless of registration, uses at least some of the specific services provided on the web server operated by the provider.
2.3 Third person. The third person is any entity different from the provider and user.
2.4 Services. Services are services, web sites and provider applications for users located on domains operated by the provider unless they are governed by separate terms. The services are mainly located on the www.yeahcoach.com and third-level and higher-level domains. The user acknowledges that the list of domains listed here is not exhaustive.
2.5 Use of Services. Use of services means all user activities performed on domains of service.
2.6 Content of services. The content of the service is a summary of the content of the provider, the content of the user and the content of third parties.
Provider Content. Provider's content includes, in particular, all materials, information and works (including copyright works) submitted by the provider as part of the services that form the functional framework of the service and their content.
User Content. The content of a user means, in particular, all materials, information and works (including copyright works) sent by the user in connection with the use of the services, such as texts, pictures, videos,
Third party content. Third party content means, in particular, all materials, information and works (including copyright works) of third parties displayed within the Services.
2.7 User Account. The user account is a successful registration and contains, in particular, user identification data.
3. USER REGISTRATION
3.1 Registration. Some registrations are required to use certain services. Even if any service for its use (even limited) does not require registration, the use of the service is governed by these terms. In such a case, the user is also required to become acquainted with these terms and to consent to these terms and conditions with the use of the services. If a user disagrees with these terms, he or she is required to refrain from using the services. No fee is associated with the registration.
3.2 Registration Form. Registration is done by filling in and submitting the registration form. The registration form is only allowed to be filled in and sent by a person over the age of 18 who is fully eligible for legal acts or a person under the age of 18 in the presence of his / her legal guardian, who also agrees to this person.
3.3 Registration process. Registration is made on the relevant web site for the service, where the registration process is described in detail.
3.4 Registration data. When registering, the user is required to provide the correct and complete information about his or her person, which is marked as mandatory (hereinafter referred to as "mandatory personal information"). Without providing the required personal information, it is not possible to complete the registration and use the services of the provider. Other data are provided by the user on a voluntary basis. The user can add, modify, or edit the data provided at any time. The user understands that some of the data provided are of the nature of personal data within the meaning of applicable law. The provisions of Article 7 of these Conditions shall apply to such data.
3.5 Consent to Terms. Before completing the registration, the user is required to become acquainted with these terms. Granting consent is a prerequisite for completing the registration and use of the services. The user agrees to indicate the "I agree to the General Terms and Conditions" checkbox, which is placed on the registration form.
3.6 Establishment of a contractual relationship. The moment of completion of the registration (ie by receiving a confirmation of the successful completion of the registration), a contractual relationship between the user and the provider is governed by these terms. For the avoidance of doubt, the parties declare that by registering.
3.7 User Account. By completing the registration, the user account is created.
3.8 Extension of data. The Provider is entitled at any time in the future to change the scope of the required personal data and require the disclosure of additional user information. Without the provision of such other mandatory personal data, services may not be used. In this case, the Provider is entitled to cancel the user account and / or not to grant access to the individual services whose use is subject to the disclosure of such additional information.
4. FINANCIAL CONDITIONS
4.1 The use of the provider's services is free of charge.
4.2 In the case where the provision of services by the Provider is mediated by the sale of goods or services by third parties (hereinafter referred to as "Mediated Products"), these are provided for their consideration. However, in this case, the supplier is neither the seller nor the supplier of intermediated products, the supply of mediated products itself is provided on the basis of the bilateral relationship of the user on the one hand and the third party on the other. All claims or withdrawals from a contract related to mediated products are allowed by the user to apply to a real supplier of mediated products.
4.3 As part of certain services provided by the provider, the user is allowed to pay the contribution to the author of the work (article, audiovisual work, etc.). However, the provision of this contribution is entirely voluntary and the recipient of the contribution is the author of the work.
5. SPECIAL MEMBERSHIP AND INVESTMENT
5.1 The Provider allows users with preferential membership with the option of their own presentation within the services and their participation in the provider's revenues from their own user-friendly network structure. The reward and benefits of membership are determined as follows:
type of membership
montly membership fee (appox. USD according to current exchange rate)
rewards from structure
(exact percentage here)
number of www links in profile
50 CZK (2,2)
in 1. line
150 CZK (6,8)
in 1.-2. line
250 CZK (11,4)
in 1.-3. line
350 CZK (16)
in 1.-4. line
450 CZK (20)
in 1.-5. line
550 CZK (25)
in 1.-6. line
650 CZK (30)
in 1.-7. line
750 CZK (34)
in 1.-8. line
850 CZK (38)
in 1.-9. line
950 CZK (43)
in 1.-10. line
5.2 The Provider furthermore allows a limited number of bidders (hereinafter referred to as "the Investor" or "Investors") to purchase a portion of the proceeds from future sales of a Preferred Membership in the YeahCoach Application (the "Investments") under the following terms:
Any person who is wholly entitled to legal proceedings may become an Investor. The investor has a titanium membership throughout the investment period (paragraph 5.1 of this article).
II. An investor can get it through YeahCoach. Within the YeahCoach application, an investment candidate will be asked to select a particular investment according to the current offer of the provider and to complete their identification data that will be entered in the cooperation agreement. Completion and dispatch of an investment order is considered as unconditional consent to the terms of the cooperation agreement and these terms, the wording of the cooperation agreement prevailing over the wording of the terms.
III. After sending the completed order, the investment referred to in the previous paragraph will receive the payment information for the purpose of the payment of the invested funds to the contact e-mail address.
IV. Co-financed investment funds will be reported as ½ as a gift for the further development of YeahCoach's nonprofit parts, and ½ as a reward for providing access to YeahCoach, which the investor obtains when investing in the investment.
V. Immediately after crediting the relevant amount to the Provider's account, the investor will receive an invoice for the fee for providing access to the YeahCoach application, a signed donation agreement, and a collaboration agreement at the contact email address.
VI. In the event that the relevant amount is credited to the account no later than 3 weeks after the order has been completed, the offer for the conclusion of the cooperation agreement is considered to be withdrawn by the investor and the selected investment will be offered to other bidders.
VII. The Provider reserves the right not to accept the offer for the conclusion of the cooperation agreement without giving any reason.
5.3 User resp. an investor who is a consumer (the "consumer"), that is, (for the purposes of this paragraph, only the "contract") concludes with the provider outside his or her own business or outside the scope of the independent exercise of his profession, he has the right to withdraw from the contract without giving any reason within 14 days of the day the day following the conclusion of the contract. For the purpose of exercising the right of withdrawal, the consumer must inform his provider of his withdrawal of the contract by means of unilateral legal action (for example by letter sent via the postal service provider or by e-mail). In order to comply with the withdrawal period, it is sufficient to send a withdrawal before the expiry of the relevant period. If the consumer withdraws from the contract, the provider shall return it without undue delay, not later than 14 days from the date on which he notifies the consumer of the withdrawal, any payment received from the consumer. In order to reimburse payments, the provider shall use the same means of payment used by the consumer to carry out the initial transaction unless the consumer has explicitly determined otherwise.
6. RIGHTS AND OBLIGATIONS
6.1 User Statement. The User declares and warrants to the Provider that
(a) is fully eligible for legal acts, in particular with regard to his or her age,
(b) has not been deprived of legal capacity,
(c) his legal capacity has not been limited to the extent that he can not consent to these terms and uses of the services,
(d) all information provided by you on registration is true, complete, accurate and correct,
(e) the use of the Services by the User under the terms and conditions set out in these Conditions shall not constitute a breach of law,
(f) have thoroughly become aware of these conditions prior to the use of the Services, that they fully understand and agree with these terms,
(g) is aware of the fact that it may temporarily or permanently lose access to content, such as the content of the provider, the content of the user, and the content of third parties as a result of suspending or changing the provision of services.
6.2 General user obligations. The User undertakes, notwithstanding any other provision of these terms, to:
(a) fails to register if the user has committed a breach of law,
(b) will not use the services if their use by the user violated the law,
(c) use the services only for the purpose for which they are intended,
(d) not access (or attempt to exploit) access to services other than the interface provided for that purpose by the provider,
(e) ensure the confidentiality of any identification data and passwords necessary for user login and for access to services, in particular such third party identification data and passwords,
(f) if it finds misuse of its identification data and passwords by any third party, it shall immediately inform the provider thereof,
(g) will not engage in any unlawful or unethical conduct in connection with the use of the services,
(h) will not do anything that would interfere with or damage the Services (or networks and servers connected to the Services).
6.3 General Authorization Provider. The Provider is, without prejudice to other provisions of the Terms and Conditions, entitled:
(a) at any time at its own discretion and without prior notice to the user to suspend or restrict the provision of any service, or in any way change the manner of providing any service, with respect to all users or only to some users, without having to inform the user in advance , including deleting, removing or disabling the content of the user,
(b) At any time, at its sole discretion and without prior notice to the user, to terminate the provision of any service, either in relation to all users or only in relation to some users.
6.4 Provision of services. Provider provides service users under the following conditions:
(a) License to the user. The Provider grants a free, non-transferable and non-exclusive license valid to all countries of the world for use of the Service, Provider Content, the Provider's Content, and the Software of the Provider (the "Licensed User" "). The License is granted only to the extent that it is used for the proper and customary use of the services of the Provider, with the limitations of Article 6.4 (b) of these conditions.
(b) Restriction of the license to the user. Except as expressly provided in these Terms, the User may not modify, modify, copy or otherwise reproduce, distribute, communicate to the public, otherwise distribute, transmit, rent, lend, display, perform, reproduce, publish, sublicense, transfer or sell any or reproduce the subject matter of the license to the user, or to create a complete or derived work. The user is not entitled to use the services for any purpose inconsistent with these conditions or applicable law. The user may not use the services in a manner that could reduce the value of the work or damage, disable, overload or impair the performance of servers operated by the provider or connected persons, or interfere with the use of these servers or services by third parties. The user may not, in any way, obtain or attempt to obtain any reproductions of the work (or personal use), any materials or information relating to services that are not, or are not, publicly available or provided through servers operated by the provider.
6.5 Trademark and other intellectual property rights. The User acknowledges that, under these terms, he is not entitled to use the provider's business name, trademarks, logos, domain names, or any other designation and business features of the provider.
6.6 User Content License Provider. If the user, in connection with the use of the Service, submits to the Provider its texts, pictures, videos, works of authorship or other User Content (hereinafter referred to as "the subject of the License to the Provider") free of charge
6.7 User behavior policy
a) Violation of legislation. The user is responsible for the consequences of his / her acts of use of the service and agrees that he will not use the services for any activities that are or might be in conflict with the laws of the states pertaining to the user, the rules of use of the provider's services and its legitimate interests, these terms as well as the generally accepted principles of the use of services provided over the Internet.
b) The user is always obliged to respect the rights of the provider and third parties, especially when dealing with author's works and other intellectual property rights.
(c) In particular, the user shall not:
I. to use any service of the Provider in contravention of these terms,
II. commercially use any service in a way that may harm the provider,
III. to obtain the login names and / or passwords of other users of the provider's services as well as third party services and products,
IV. abuse, block, modify or otherwise change any part of the Service, or even attempt to disrupt the stability, performance or service data,
V. provide access to any third party,
VI. violate the rights of the Provider or third parties in a manner other than that specified in the preceding paragraphs,
VII. try to act in any prohibited way here.
d) The user is also expressly prohibited from transmitting to the provider (ie placing, uploading, referencing or otherwise spreading) the contents of the user, which in particular:
I. Infringes intellectual property rights (copyright, copyright, industrial rights, etc.) of others,
II. the trade marks, trade names and protected designations of origin to which the exclusive right belongs to a third party or any interchangeable sign,
III. includes any parts that incite or result in a breach of duty imposed by law or by law or offense, or approve an offense or publicly proclaim the offender's offense,
IV. includes any part which leads to the abuse of addictive or life-threatening substances or encourages or encourages the abuse of such substances,
V. contain any parts which threaten to kill other people or groups of people by killing, injuring or causing harm to a large extent,
VI. includes any part that defames a nation, its language, an ethnic group or race, or a group of people for their political beliefs, beliefs, or because they are without religion,
VII. contains any part which incites hatred towards a nation, ethnic group, race, religion, class or other group of persons, or to limit the rights and freedoms of its members,
VIII. contains an alarm message that is untrue,
IX. contains false information about another user who is likely to endanger his seriousness with his fellow citizens, in particular harming him or her at work, disrupting his or her family relationships or causing him other serious harm,
X. promotes or promotes a movement that is demonstrably aimed at suppressing the rights and freedoms of man or proclaiming national, racial, religious or class hatred or hatred towards another group of people, or publicly expressing sympathy for these movements,
XI. denies, disputes, approves or attempts to justify Nazi or Communist genocide or other crimes against humanity,
XII. is in any way inconsistent with good morals.
e) Penalties. In the event that a user uses any service of the Provider in violation of these terms and conditions, the Provider has the right, in accordance with Article 6.3 of the Terms, at any time, without prior notice and without any user's right to terminate or restrict the provision of services, delete, delete or otherwise disable the content or cancel or block a user account. The User acknowledges and agrees that violations of the prohibitions in Article 6.7 of these terms and conditions may lead to the above consequences, including the cancellation of a user account.
7 PERSONAL DATA PROTECTION
7.1 The Provider is authorized to process the user's personal data in accordance with applicable law and in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , if the individual is a citizen of the European Union.
7.2 Personal data and special categories of personal data. Personal data means user information that can be directly or indirectly identified by the user. Personal data of a particular category means information that conveys information about racial or ethnic origin, political opinions, religion or philosophical beliefs or trade union membership, and the processing of genetic data, biometric data for the sole purpose of identifying a natural person and health or sexual information life or sexual orientation of a natural person.
a) Scope of personal data. In accordance with Article 3, the Provider requires mandatory personal data in the registration. The user may voluntarily disclose to the provider additional optional information.
b) The scope of personal data of a particular category. Providing any personal data of a particular category is not obligatory. The provider does not require or require any specific category data. If a user publishes any such data within a service, he / she does so on a discretionary basis.
7.3 Detailed rules on the processing of personal data and the rights of users as data subjects are set out in the Privacy and Data Protection Policies available here or accessible from the Provider's website.
8 EXCLUSION OF LIABILITY
8.1 Exclusion of Warranties. The services provided by the provider to the user are provided "as is". The Provider does not provide the user with any warranties regarding the services, content of the Provider and the content of third parties, in particular no warranties regarding the functionality and availability of the Services. In particular, users do not guarantee that:
(a) services will be available continuously twenty-four hours a day, seven days a week,
(b) the services will be fully operational throughout the service availability,
(c) services will be provided perfectly,
(d) the content of the provider or the content of third parties is accurate or correct and does not infringe any rights of third parties,
e) they will be delivered on the provider's website in due and timely manner by third parties, nor does it guarantee their parameters, especially quantity, quality or delivery date,
(f) the information and data provided for the mediated products will always be correct, true and not misleading.
8.2 Liability for Damage. The User declares that he acknowledges that the Provider does not provide any warranties regarding the provision of services and that the provision of services is therefore associated with a certain risk and accepts such risk and undertakes to take all reasonable steps to exclude or restrict to the maximum possible extent the occurrence of harm or other adverse consequences on their part in connection with the use of the services.
(a) To that end, the user undertakes, in particular, to regularly back up all user content in a suitable manner and take other appropriate measures.
b) The Provider is not responsible for any direct or indirect harm or damage to the User arising from the use of the Services, the content of the Provider or the content of third parties, the restriction or termination of service provision. In particular, the provider is not responsible for the user:
I. malfunction, unavailability or poor accessibility or functionality of any service,
II. loss, loss or damage to any user content,
III. any consequence of providing incorrect, inaccurate or incomplete information about the user when registering,
IV. any consequence of a breach by your user of the user's password protection and access to the user account,
V. any other consequence of the use of the Services,
VI. the accuracy of the content of services, whereby the content of the services should not be used by the user without personal or medical advice, legal or financial decision, without further consultation or consultation with the appropriate expert,
VII. both the Provider and the User declare that the intent of the parties is, to the maximum extent permitted by the mandatory provisions of the legislation, to limit the provider's liability in relation to services to the user.
8.3 Liability under special regulations. The Provider, in accordance with the provisions of Sections 3, 4 and 5 of Act No. 480/2004 Coll., On Certain Information Society Services, as amended, is not responsible for the content of the user.
8.4 Indemnification. The User undertakes to indemnify the Provider for any damage (property or non-material) that may arise to him as a result of a violation of these Terms by the user.
9 TERMS AND CONDITIONS AGREEMENT
9.1 Acceptance of Terms. Each user is required to become acquainted with these terms and conditions prior to using the service and to give his / her consent. The consent can be expressed either directly by clicking on the button expressing consent to the wording of these terms, or in fact by the user beginning to use any of the services. If a user disagrees with these terms, he or she is required to refrain from using the services.
9.2 Changes and Effectiveness of Changes in Terms
a) Changes in terms of conditions. The Provider may at any time unilaterally change the content of these terms. The provider shall notify the user of the change of conditions.
b) Effectiveness of changes in conditions. Any changes to these terms and conditions will become effective on the date specified by the Provider, but with respect to each User only if the User agrees to such change. User consent is deemed to be either a click on the relevant button expressing consent to change of terms, or the continued use of the services by the user even after the date specified by the provider as the effective date of the change of terms. If a user does not agree to changing the terms, he / she is required to refrain from using the services after the date specified by the provider as the effective date of the change of terms. For the avoidance of doubt, the parties claim that a user who has previously registered using one of the services before the effective date of these terms and continues to use the services on the basis of the original registration becomes an unauthorized user in accordance with these conditions and it is considered that has made a registration within the meaning of Article 3 of these Conditions.
9.3 Additional conditions for some instruments
Some provider-operated tools are also governed by additional Terms and Conditions. If the user uses one of these tools, he will have the opportunity to agree to these additional terms and conditions that will become part of the agreement between the user and the provider. In the event of a discrepancy between the Additional Terms and these Conditions, the Additional Terms shall prevail.
10 FINAL PROVISIONS
10.1 Communication. All communication between the provider and the user will be effected by email (in the case of the provider by delivery to the email address email@example.com and in the case of the user by delivery to the email address given by the user at registration) or by telephone at +420 730 808 803. Communication by the provider in relation to one or more users, the provider may also be made by publishing a particular communication through the provider's website (for example, in the event of a notification of changes to these terms). When using any of the above communication methods, it is assumed that the written form has been retained. Oral communication between the provider and the user may take place via the telephone or through similar services allowing remote transmission.
10.2 Applicable Law, Dispute Settlement and Dispute Resolution. Where a user is a consumer with a habitual residence in a Member State of the European Union, the laws of the Member State concerned shall apply to any claims or disputes to the provider arising out of or in connection with these terms and conditions (hereinafter referred to as the "claim"). be resolved at any competent court in the Member State having the appropriate jurisdiction. For all other cases, the user agrees that claims must be resolved by the appropriate court in the Czech Republic and that these terms and all claims will be governed by the laws of the Czech Republic, with the exception of the relevant conflict provisions.
10.3 Out-of-court settlement of consumer disputes. In the event of a dispute arising out of a contract concluded between the provider and the consumer (ie a user who concludes a contract outside his / her business or outside the scope of his / her independent profession) which can not be settled by agreement between the parties, the user-consumer is entitled to open an out-of- dispute with the relevant authority, such as the Czech Trade Inspection (www.coi.cz). An out-of-court settlement of a consumer dispute is initiated on a consumer-consumer basis. The proposal shall be accompanied by evidence that the consumer-consumer has not been able to resolve the dispute directly with the seller, and other documents evidencing the alleged facts, if available.
10.4 Language version. These conditions are in the Czech language. The English version of the Terms is binding and any other language versions of these Terms are only for information.
10.5 Salvator Clause. If any provision of these terms or conditions is or becomes invalid or unenforceable in whole or in part, it is fully separable from the other provisions of these terms and such invalidity or unenforceability will have no effect on the validity and enforceability of any other provisions of these terms. In such a case, the provider will replace such an invalid or unenforceable clause with any other provision that will, to the fullest extent possible, correspond to the content of the original provision.
10.6 Efficiency. This wording becomes effective on June 27, 2018. Effective with the newer terms, the condition becomes effective automatically with an earlier date of effectiveness.