USER CONDITIONS OF THE amoreforever.eu SERVICE

1.        INTRODUCTORY PROVISIONS

1.1.      In accordance with the provisions of Section 1751 para. 1 Act no. 89/2012 Coll., Civil Code (hereinafter referred to only as the “Civil Code”), these business terms and conditions (hereinafter referred to only “Business terms and conditions”) regulate the mutual rights and obligations between the commercial company AmoreForever s.r.o., with registered office at Heřmanova 597/61, Holešovice, 170 00 Prague 7, company ID number: 039 35 698, incorporated in the Commercial Register maintained by the Municipal Court in Prague in Section C, File 240064 (hereinafter referred to only as the “Provider”) and individuals over the age of eighteen (18) in their capacity as users of the “Amoreforever.eu” service (hereinafter referred to only as “User”), created from contracts on provision of services (hereinafter referred to only as “Contract on provision of services”) concluded via the Provider’s website located at the internet address www.amoreforever.eu (hereinafter referred to only as the “Website”). The Business terms and conditions also regulate certain rights and obligations in terms of use of the Website.

1.2.      The Contract on provision of services and Business terms and conditions are drawn up in Czech, English and German. A Contract on provision of services can be concluded in Czech, English and in German.

1.3.      In compliance with the provisions of Section 1752 Civil Code, the Contracting parties agree that the Provider may unilaterally change the Business terms and conditions to a reasonable extent. The User shall be notified of change to Business terms and conditions by e-mail to the User’s address specified in the user account (art. 3). The User may reject change to the Business terms and conditions and in such a case, give notice of termination of the Contract on provision of services within a notice period which shall last for one (1) month.

1.4.      The User expressing his/her consent to the new version of the Business terms and conditions shall lead to the previous Business terms and conditions losing their effectiveness and the new version of the Business terms and conditions becoming an integral part of the Contract on provision of services.

 

2.       CONCLUSION OF A CONTRACT ON PROVISION OF SERVICES

2.1.      The User submits proposal for conclusion of a Contract on provision of services by filling in his/her details in the registration form on the Website and sending these details to the Provider by clicking on the “ORDER” button (hereinafter referred to only as “Request for registration”). The provisions of Section 1740 para. 3 Civil Code shall not be used. The details specified by the User in the Request for registration shall be regarded as correct for the purposes of the Business terms and conditions.

2.2.      Following delivery of the Request for registration to the Provider, the Provider shall send information to the e-mail address specified by the User in the user account (hereinafter referred to only as the “User’s address”) which is needed to activate the user account (hereinafter referred to only as “Acceptance”). The Contract on provision of services is concluded on delivery of Acceptance to the User.

2.3.      The User agrees that the Provider may commence provision of services in accordance with the Contract on provision of services immediately after its conclusion, this even being before expiry of the legally prescribed deadline for withdrawal from the Contract on provision of services.

2.4.      The User acknowledges that the Provider shall not be obliged to conclude a Contract on provision of services (to reject registration of the User), this in particular being with persons who breached a Contract on provision of services (including the Business terms and conditions) in a fundamental manner in the past.

2.5.      The User consents to use of remote means of communication whilst concluding the Contract on provision of services. Costs incurred by the User whilst using remote means of communication in relation to conclusion of the Contract on provision of services (e.g. costs for connection to the internet) shall be paid by the User himself/herself, whereas these are no different from the basic rate.

 

3.       USER ACCOUNT

3.1.      On the basis of registration of the User performed on the Website, the User may access his/her user interface on the Website. From his/her user account, the User can in particular perform administration of his/her details, upload and remove information about himself/herself, manage this information, upload and remove posts or other information and manage these (hereinafter referred to only as “User account”).

3.2.      The User’s User account will be activated following conclusion of a Contract on provision of services.

3.3.      When registering on the Website, the User shall be obliged to specify all details correctly and truthfully. The User shall be obliged to update his/her personal details specified in the User account whenever there is any change to them. The details specified by the User in the User account shall be regarded as correct by the Provider. A person may only have one User account.

3.4.      Access to the User account is secured by means of a user name (e-mail address) and password. The User shall be obliged to preserve the confidentiality of information required for access to his/her User account and acknowledges that the Provider shall bear no liability for breach of this obligation on the part of the User.

3.5.      The Provider may block the User from using the User account, this in particular if the User breaches his/her obligations resulting from the Contract on provision of services (including the Business terms and conditions).

 

4.       CONDITIONS OF THE SERVICE

4.1.      The User is entitled to access his/her User account on the basis of the Contract on provision of services. From his/her user account, the User can in particular perform administration of his/her details and upload and remove basic information about himself/herself and manage this information (hereinafter referred to only as “Free service”). The Provider charges for certain dating services offered by the Provider, this in particular concerning services consisting in the possibility of gaining contact details for other people – potential partners of the User, consisting in assistance by the Provider in terms of creation of the User’s profile on the Website and in assistance by the Provider contacting potential partners of the User (including organisation of meetings with them), whereas these dating services are specified in more detail below in the list of prices (packages) for the dating services specified on the Website (hereinafter referred to only as “Dating services”). The Free service and Dating services shall also hereinafter be referred to jointly only as “service”.

4.2.      The Provider need not provide the Free service if prevented from providing this due to difficulties on the side of the user or on the side of other parties. The Provider need thus not provide the Free service in particular if there are any power cuts, failures in the data network, other defects caused by third parties or the effects of a force majeure.

4.3.      Whilst providing the Free service, service failures, temporary restrictions, interruptions or decrease in the quality of the service may occur.

 

5.       CONTENT OF THE CONTRACT ON PROVISION OF SERVICES

5.1.      By means of the Contract on provision of services, the Provider undertakes to provide the User the Free service.

5.2.      If the User decides to use Dating services, by means of the Contract on provision of services, the Provider undertakes to provide Dating services in the scope specified in the price list for Dating services and the User undertakes to pay the Provider a fee for Dating services, this being in the level specified in the price list Dating services (which is displayed in the user interface and on the Website).

5.3.      Dating services are provided to the User in the scope specified in the price list for Dating services which was agreed on by the Contracting parties when Dating services were ordered by the User. After provision of Dating services in the agreed scope by the Provider and assuming that the User will not order a Dating service again, the User may continue to use the Free service.

5.4.      The User acknowledges that if the obligations of the Provider resulting from Dating services are met before expiry of the legally prescribed deadline for withdrawal from the Contract, the User shall not, as a result of statement of his/her consent in accordance with art. 2.3 of the Business terms and conditions, be entitled to withdraw from the Contract on provision of services in accordance with the provisions of Section 1829 para. 1 Civil Code.

5.5.      The User acknowledges that the Provider shall bear no liability and cannot influence the permanence and quality of the relationship which may be established in relation to the Provider’s Dating services. The User acknowledges that the Provider cannot influence and shall bear no liability for the speed and quality of replies by potential partners of the User in terms of use of Dating services.

 

6.       DATING SERVICES - PROVIDER’S FEE

6.1.      If the User decides to use Dating services, he/she undertakes to pay the Provider a flat fee for use of Dating services, this being in the level determined in the list of prices for Dating services (displayed in the user interface) which is in part determined depending on the anticipated maximum scope of Dating services provided.

6.2.      The Provider’s fee for Dating services shall be payable within fourteen (14) days of ordering the extended functionality of the service by the User.

6.3.      The Provider’s fee for Dating services is payable in a cashless manner, either:

6.3.1.   by means of transfer to the Provider’s account no. č. 269574939 / 0300 CZK, 269826470 / 0300 EUR, held with CSOB, or

6.3.2.   by means of payment systems operated by third parties.

6.4.      If so determined by the generally binding legislation, value added tax or other similar tax shall be added to the Provider’s fee for provision of services.

6.5.      The User shall be obliged to pay the Provider’s fee together with specification of the variable symbol for the payment.

6.6.      If usual in commercial relations, the Provider shall issue a tax document - invoice with regards to payments made on the basis of a Contract on provision of services, this always being after payment of the Provider’s fee. The tax document - invoice shall be drawn up and sent in electronic format to the User’s e-mail address or the tax document - invoice shall be issued in the User’s User account.

6.7.      In the event of delay on the part of the User in payment of the Provider’s fee, entitlement shall be created for the Provider to punitive interest in the level of 0.03 % of the outstanding amount for each day of delay.

6.8.      In the event of delay on the part of the User in payment of the Provider’s fee or part thereof, the Provider shall be entitled to suspend meeting of any of its obligations towards the User (including the possibility of using Dating services), this being until the moment of settlement of all obligations on the part of the User.

6.9.      The possibility of using Dating services shall be suspended until the moment the amount of the Provider’s fee is actually credited to the Provider’s account.

 

7.       INFORMATION PROVIDED BY THE USER

7.1.      The User may not upload to the Website or distribute information, the content of which is at variance with the generally binding legislation effective in the Czech Republic or in other countries where the Free service is available, this in particular concerning content, disclosure of which to the public:

7.1.1.   infringes the copyright or rights relating to copyright of third parties,

7.1.2.   infringes rights to protection of personality or protection of the good reputation of third parties,

7.1.3.   breaches the legal standards aimed at protection of competition,

7.1.4.   breaches the legal standards aimed at protection against hatred of any nation, ethnic group, race, religion, class or other group of people or limitation of the rights and freedoms of persons pertaining to such groups.

7.2.      Access to the service is intended exclusively for the User. The User shall not be entitled to allow use of the service by third parties without the prior written consent of the Provider. If the User breaches this obligation and a third party causes any loss or damage to the Provider, the User undertakes to compensate the Provider for such loss or damage.

7.3.      The User acknowledges that the Provider shall bear no liability for the settings made by the User in the User account. The User acknowledges that information uploaded by the User may be made available to other parties, in particular potential partners of the User.

7.4.      The User may not in terms of the service use mechanisms, tools, software or procedures which have or which could have a negative impact on operation of the Provider’s equipment, security of the internet or that of other internet users.

7.5.      The User acknowledges that the Provider shall bear no liability in accordance with the provisions of Section 5 Act no. 480/2004 Coll., on Certain Information Society Services and on Amendment to Certain Acts (Act on Certain Information Society Services), as amended, for the content of information saved by the User. The User also acknowledges that the Provider shall bear no liability for any illegal actions of the User.

7.6.      The Provider shall be entitled (although not obliged) to perform a preventative check on information saved or distributed by the User on the Website. If the content of this information could breach the Business terms and conditions, the generally binding legislation or the principles of good moral behaviour, the Provider shall be entitled to delete this information or to prevent its distribution and the Provider shall also be entitled to withdraw from the Contract on provision of services. If the rights of any third party are exercised against the provider in relation to saving or distribution of information by the User on the Website, the Provider shall be entitled to immediately remove the content of information saved or distributed by the User on the website without prior warning.

7.7.      If in relation to performance of a Contact on provision of services, any third party exercises any right towards the Provider, the User undertakes to hand over to the Provider without delay all documents and materials required to ensure successful litigation with this third party. If such a third party claims that saving or distribution of information saved or distributed by the User on the Website has led to infringement of his/her rights, in particular the right to protection of personality or to protection of his/her good reputation, the User undertakes to reimburse the Provider all expediently incurred expenses which the Provider incurred in relation to the dispute with such a third party.

7.8.      The User acknowledges that texts, photographs, graphical works and other components contained on the Website or available in terms of services may be protected by copyright individually and/or as a whole. The databases located on the Website or available in terms of services are protected by the special right of the creator of the database.

 

8.       LICENCE AGREEMENT

8.1.      If the User saves or distributes information (intangible property) on the Website which is subject to protection by any intellectual property rights (hereinafter referred to only as “Work”), by saving or distribution of the Work, the User grants the Provider authorisation to exercise the right to use the Work (licence), this being subject to the conditions specified below. This shall not affect the provisions of art. 7.1 of the Business terms and conditions.

8.2.      The licence for the Work is granted for all forms of use (including sharing of the Work with the public via the internet), this being in an unlimited quantity and with unlimited territorial scope. The Work may also be used by the Provider for commercial purposes, including promotion of the Website. The Provider may provide authorisation constituting part of the licence to a third party in full or in part (sub-licence). The Provider is entitled to assign licence for the Work to a third party. The Provider acquires licence to the Work at the moment of it being saved or distributed on the Website. The licence is granted for a period of seventy (70) years from the moment of the Work having been saved or distributed in terms of the service. The Provider shall not be obliged to use the licence.

8.3.      The Provider shall be obliged to make modifications or changes to the Work, to process it, include it in a group and combine it with another work (or computer programme) protected by copyright, whereas modifications or changes to or processing of the Work may also be performed by third parties. In the event of changes to the Work performed by the Provider (third parties authorised by the Provider) the Provider shall also be granted licence to a Work changed in this way. The Provider shall be entitled to introduce the Work in public using its trading name.

 

9.       OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

9.1.      The Provider shall not be bound in relation to the User by any codes of behaviour within the meaning of Section 1826 para. 1 point e) Civil Code.

9.2.      Out-of-court settlement of consumer complaints shall be arranged by the Provider via its e-mail address and contact address (art. 14.7). Information about settlement of the User’s complaints shall be sent by the Provider to the User’s e-mail address.

9.3. The body competent for the extra-judicial resolution of consumer disputes arising from the Service Level Agreement is Česká obchodní inspekce (Czech Trade Inspection Authority), having its registered office at Štěpánská 567/15, 120 00 Praha 2, Company Number: 000 20 869, Internet address: https://adr.coi.cz/cs. The platform for resolving disputes found at http://ec.europa.eu/consumers/odr may be used when dealing with disputes between the Provider and the User arising from the Service Level Agreement.

9.4. Evropské spotřebitelské centrum Česká republika (European Consumer Centre), having its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

The Czech Trade Inspection Authority undertakes, as one of its activities, supervision of adherence to Act No 634/1992 on consumer protection, as amended.

 

10.    PERSONAL DATA PROTECTION

10.1. If the user is a natural person, the Provider complies with its duty to inform in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) in a separate document, marked as Information Regarding Personal Data Processing (hereinafter referred to as the “Regulation”).

The Provider fulfils its duty to inform the User in accordance with Article 13 GDPR, as associated with processing the personal data of the User for the purposes of sending commercial communications, through a special document.

The choice of law according to the preceding sentence does not deprive a User who is a consumer of the protection which is provided to it by the provisions of the legal order from which it is not possible to contractually deviate and which, in the case of the non-existence of the choice of law, would otherwise be applied according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

10.2.  The User consents to processing of his/her personal data in the following scope: name, surname, e-mail address, gender, home address, place and date of birth, star sign and other personal data which the User uploads to the User account (hereinafter all referred to jointly only as “Personal data”).

10.3.  The User consents to processing of Personal data by the Provider, this being for the purposes of administration of the User account, for the purposes of meeting obligations arising from the Contract on provision of services, for the purposes of its provision to potential partners of the User and for the purposes of sending commercial messages.

10.4.  The User’s Personal data may be passed on to third parties, in particular to potential partners of the User. This shall not affect the provisions of art. 5.3 of the Business terms and conditions. The Provider may commission a third party with processing of the User’s personal data in its capacity as the processor.

10.5.  The User acknowledges that he/she is obliged to specify his/her Personal data (when registering in his/her User account) correctly and truthfully and that he/she shall be obliged to enter any change to his/her Personal data into his/her User account without unnecessary delay.

10.6.  Personal data shall be processed for an indefinite period. Personal data shall be processed in electronic format in an automated manner or in printed format in a non-automated manner.

10.7.  The User confirms that the Personal data provided is precise and that he/she has been informed that this concerns voluntary provision of Personal data.

10.8.  If the User were to believe that the Provider or the processor (art. 10.4) is processing his/her Personal data at variance with protection of protection of the private and personal life of the User or at variance with the law, in particular if the Personal data is imprecise with a view to the purpose of its processing, the User may:

10.8.1.   ask the Provider or processor for explanation,

10.8.2.   ask that the Provider or processor remedy such a state of affairs which has arisen.

10.9.  If the User requests information about processing of his/her Personal data, the Provider shall be obliged to provide him/her with this information. The Provider shall be entitled to request reasonable reimbursement for provision of information as specified in the previous sentence, this not exceeding costs necessary for provision of the information.

 

11.     SENDING OF COMMERCIAL MESSAGES AND SAVING COOKIES

11.1.  The User consents to being sent information and commercial messages by the Provider relating to the services or the business of the Provider, this being to the User’s address and also to being sent messages by third parties to the User’s address. The User consents to being sent information by third parties which also use the services of the Provider, this being to the User’s address.

11.2.  The User consents to saving of so-called cookies on his/her computer. Cookies are small files which are used to recognise the User’s web browser when he/she is communicating with the service and for subsequent use of certain functions of the service. If it is possible for the obligations of the Provider arising from the Contract on provision of services to be met without saving of so-called cookies on the User’s computer, the User may at any time withdraw his/her consent specified in the first sentence of this paragraph.

 

12.    DURATION OF THE CONTRACT ON PROVISION OF SERVICES

12.1.  Unless this concerns a case when it is not possible to withdraw from the Contract (art. 5.4), the User, who is a consumer, shall be entitled to withdraw from the Contract on provision of Services, this being within a deadline of fourteen (14) days from its conclusion. In order to accomplish such withdrawal, the User can make use of the specimen form provided by the Provider which constitutes appendix no. 2 to the Business terms and conditions.

12.2.  The Contract on provision of services becomes effective on conclusion. The Contract on provision of services is concluded for an indefinite period. Dating services are provided for the period and in the scope specified in the price list for Dating services.

12.3.  If the User breaches any of his/her obligations resulting from the Contract on provision of services (including the Business terms and conditions), or from the generally binding legislation or also in other cases, the Provider may give notice of termination of the Contract on provision of services. Notice of termination of the Contract on provision of services in accordance with this article shall be effective at the moment of its delivery to the User. Unless contractually agreed otherwise, the Contract on provision of services shall be terminated at the moment of notice of termination becoming effective.

12.4.  Termination of the effectiveness of the Contract on provision of services shall not affect the licence provided to the provider in accordance with art. 8 of the Business terms and conditions.

12.5.  The User acknowledges and agrees that deletion of his/her information from the database on the Website may occur after termination of the Contract on provision of services.

 

13.    DELIVERY

13.1.  Unless agreed otherwise, all correspondence relating to legal acts relating to the Contract on provision of services must be delivered to the other Contracting party in writing or by e-mail. Delivery to the User shall be accomplished to the User’s address – the e-mail address specified in his/her User account.

13.2.  A message shall be regarded as having been delivered, if delivered by e-mail, at the moment of its receipt at the incoming mail server.

 

14.    FINAL PROVISIONS

14.1.  If the relationship relating to use of the Website or the legal relationship established by the Contract on provision of services contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, in particular by the Civil Code.

14.2.  The Contracting parties have contractually agreed on the jurisdiction of the courts of the Czech Republic.

14.3.  If any of the provisions of the Business terms and conditions is invalid or ineffective, or if any of the provisions becomes invalid or ineffective, a new provision shall be used instead of the invalid provision, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

14.4.  The following constitute an integral part of the Business terms and conditions:

14.4.1.   Appendix no. 1 - Form for withdrawal from the Contract on provision of services by the consumer.

14.5.  The provider shall be entitled to assign the rights and obligations resulting from the Contract on provision of services to a third party and the User agrees to this.

14.6.  The Contract on provision of services, including the Business terms and conditions, shall be archived by the Provider in electronic format and is not publicly available.

14.7.  Contact details for the Provider: e-mail address agency@amoreforever.eu, telephone +420 722 900 519.

 

In Prague on 1.7.2018
AmoreForever s.r.o.