Document
Terms and conditions
This is an informative translation. The binding version of these Terms is the Czech one; in case of any discrepancy, the Czech wording prevails.
I. Introductory provisions
- TRIMA NEWS, s.r.o., Company ID 26081890, VAT ID CZ26081890, registered office at L. B. Schneidera 3, 370 01 České Budějovice, entered in Section C, File 12829 of the Commercial Register kept by the Regional Court in České Budějovice (the “Provider”), provides Users, under the conditions set out below, with services, goods, products, software, websites and applications located on the web servers drbna.cz, budejcka.drbna.cz, liberecka.drbna.cz, brnenska.drbna.cz, hanacka.drbna.cz, jihlavska.drbna.cz, hradecka.drbna.cz, plzenska.drbna.cz, prazska.drbna.cz, ostravska.drbna.cz, karlovarska.drbna.cz and tradeoff.drbna.cz (the “Services”).
- The relationship between the Provider and the Users of the above services is governed by these General Terms and Conditions (also the “GTC” or the “Terms”), unless special conditions for the use of a Service or technical conditions of use, usually placed on the web servers relating to the given Service, provide otherwise.
- These Terms constitute the Provider’s proposal to conclude a contract within the meaning of Section 1731 of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), addressed to the customer. By entering the required registration details on the relevant drbna.cz site and accepting the terms of service, the customer accepts the Provider’s proposal within the meaning of Section 1731 of the Civil Code, whereby a contract for the provision of services within the meaning of these Terms is concluded between the Provider and the customer (the “Contract”).
II. Basic terms
- Provider: TRIMA NEWS, s.r.o., Company ID 26081890, VAT ID CZ26081890, registered office at L. B. Schneidera 3, 370 01 České Budějovice, entered in Section C, File 12829 of the Commercial Register kept by the Regional Court in České Budějovice.
- User: a person who has completed Registration in accordance with the GTC, or any person who has already registered in the past to use a particular Service of the Provider and continues to use the Services.
- Third party: any entity other than the Provider and the User.
- Services: the services, goods, products, software, websites and applications of the Provider for Users located on the domains operated by the Provider, unless governed by separate terms.
- Use of the Services: all activities of the User carried out on the domains of the Services.
- Content of the Services: the aggregate of the Provider’s Content, the User’s Content and Third-party Content.
- User account: a User account is created by successful Registration and contains the parameters for using the Services (e.g. user name, the chosen e-mail address and others).
- Blog: a Blog is created by writing an article in the user profile. Blogs are governed by the conditions set out in Article IV.
III. User registration
- Registration: the use of the Services is conditional upon completing Registration. Where a Service does not require Registration for its use (even limited use), such use is governed by these GTC. Even in that case the User is obliged to read these Terms and expresses agreement with them by starting to use the Services. If the User does not agree with these Terms, the User is obliged to refrain from using the Services.
- Registration form: Registration is deemed to be the completion and submission of the registration form. The registration form may be completed and submitted only by a person over 18 years of age with full legal capacity, or by a person under 18 in the presence of their legal representative, who also gives consent to the GTC on that person’s behalf. In addition to completing the registration form, Registration can also be carried out by signing in through a social network.
- Registration process: the Registration process takes place on the website where the User will use the Services. The registration process is described in detail on the registration page. Registration is also possible for Users who do not currently use the Services.
- Registration details: Registration is conditional upon entering correct, complete and truthful mandatory information about the User (the “Mandatory Personal Data”) and granting consent to the processing of personal data. Without providing the Mandatory Personal Data and granting consent to their processing it is not possible to complete Registration and to use the Provider’s Services. Other data is provided by the User voluntarily. The User may supplement, change or amend the data provided at any time. All your rights, as well as further details of how we process your personal data, can be found in the Privacy Policy on our website at trimanews.cz/soukromi.
- Consent to the GTC: before completing Registration the User is obliged to read these General Terms and Conditions. Granting consent is a necessary condition for completing Registration and using the Services. The User expresses consent by ticking the box “I agree with the General Terms and Conditions” placed in the registration form.
- Formation of the contractual relationship: the contractual relationship arises upon successful completion of Registration, i.e. upon receipt of the registration confirmation. This creates a contractual relationship between the User and the Provider, governed by these GTC. For the avoidance of doubt, the parties declare that by completing Registration the User consents to these GTC, expressly accepts all their provisions and undertakes to observe the rules set out in them. This arrangement is without prejudice to the possibility of a contractual relationship arising by actually starting to use a Service without prior registration.
- User account: upon successful completion of Registration a User account is created for the User.
- Extension of the required data: the Provider is entitled at any time in the future, in connection with the provision of the Services, to change the scope of the Mandatory Personal Data and to require further information about the User. Without providing such further Mandatory Personal Data the Services cannot be used. In such a case the Provider is entitled to cancel the User’s account and/or to deny access to individual Services whose use is conditional upon providing that further information.
IV. Blogs
- Writing a blog does not give rise to any claim by the User to a fee or any other remuneration. The User writes a Blog in order to express an opinion, free of charge.
- By submitting a blog for approval, the User also grants consent to publication of the Blog on the official Facebook profile of the site to which the User published the blog. The editorial team decides at its own discretion whether the Blog will be shared on Facebook. Approval of a Blog does not give the User a right to have it shared on the site’s official Facebook profile.
- The User undertakes to write the Blog so that it does not constitute PR or political campaigning. The Blog must also not be contrary to good morals or to any legal regulations. Otherwise the editorial team may, at its own discretion and without any need for explanation, refuse to approve the Blog and not publish it.
- A Blog must not attack minorities and must not show signs of racism or xenophobia. Otherwise the editorial team may, at its own discretion, refuse to approve the Blog.
- A Blog is always placed in the “blogs” section and labelled as a blog.
- The author’s opinion need not correspond to the opinion of the editorial team. The editorial team likewise does not guarantee the accuracy of the content. The editorial team also reserves the right not to publish Blogs that are objectively “fake news”.
- If the User uses any multimedia content (a photograph, sound recording or video), the User confirms that they hold the copyright to that content. If the editorial team suspects unauthorised use of content, it may refuse to publish it. The User is always liable for content used without authorisation, and the editorial team is entitled to pursue through the courts any third-party fees connected with such unauthorised use.
- The editorial team does not edit Blogs in any way and does not correct grammatical or stylistic errors. The editorial team therefore does not guarantee that the content is free of errors. Blogs are not subject to any editorial editing and the author is liable for the accuracy of the content.
- The editorial team also reserves the right, without any need for further explanation, to refuse to publish a Blog which in particular damages the good name of the publisher or of any of the publisher’s sites, or which harms the publisher or any of its sites in any other way.
V. Editorial form
- Submitting the Editorial form does not give rise to any claim by the User to a fee or any other remuneration. The User submits the Editorial form for news purposes, free of charge.
- By submitting the Editorial form, the User also grants consent to publication of the information and multimedia content on the official Facebook profile of the Drbna sites and on the Drbna site itself. Publication of that information is, however, entirely at the discretion of the editorial team of the given site.
- In the event of publication, the editorial team does not guarantee the accuracy of the content provided by the User to the Provider. The editorial team also reserves the right not to publish information that is objectively “fake news”.
- If the User uses any multimedia content (a photograph, sound recording or video), the User confirms that they hold the copyright to that content. If the editorial team suspects unauthorised use of content, it may refuse to publish it. The User is always liable for content used without authorisation, and the editorial team is entitled to pursue through the courts any third-party fees connected with such unauthorised use. All copyright and licence rights pass to the Provider upon submission of the form for news use.
VI. Paid registration
- A Subscriber is a User who uses paid registration in the form of a subscription. A Payer of the paid registration is a person who pays the subscription price for the benefit of a particular subscriber or subscribers.
- Before entering into a contract for paid registration, the subscriber entering into it and the payer of the subscription are obliged to read these General Terms and Conditions and the subscription price list.
- The User may choose from several methods of payment for the paid registration, depending on the specific options and offer of the given portal.
- For access to content without advertising being displayed (the “paid section”) for the relevant period (the “subscription period”), the User is obliged to pay the Provider a fee (the “subscription”) set in accordance with the Provider’s current price list, which is available on the system’s website (the “fee”). All fees and prices are stated in Czech crowns including VAT.
- The fee may be paid by payment card, by bank transfer, or by any other method the Provider may enable in the future.
- Services are provided to the User once the relevant fee has been credited to the Provider’s bank account, or once the fee has been identified or the customer’s payment matched. On the basis of the User’s prior consent, the User may pay fees in advance for further periods by way of regular payments consisting in the automatic debiting of the fee from the User’s account by the Provider.
- The provision of services commences at the moment of:
- granting access to the prepaid service and to the system, and
- notifying the customer of that grant. The first prepaid period begins to run only at the moment when the provision of services starts.
- Once the fee under this Article has been paid, the services will be provided to the User for the period paid for (in accordance with the price list) and without any time limit on the extent of use. The User is not obliged to use the services paid for; however, the Provider is entitled to the entire fee regardless of whether the customer actually used the services during the subscription period.
- A User who is registered and has paid the fee for the services is entitled to use the services, using their sign-in credentials, from any suitable device that has internet access and allows web pages to be browsed.
- If automatic payment of the fee is chosen (where the selected payment system allows it), the User consents to the automatic payment of the fee without the need for personal authorisation of the payment by the payment card holder or similar. The automatic payment arrangement is established for an indefinite period; the User may change or cancel it at any time within the functions of their customer account in the system. The frequency of automatic payments will correspond to the prepaid period in accordance with the Provider’s current price list. The User also acknowledges that the Provider will not retain the payment card number. Where automatic payment of the fee is chosen, the User further expressly consents to the automatic renewal of the provision of services, always for a further prepaid period and for the fee set by the Provider at the time of renewal.
- The User confirms and agrees that any discounts granted always apply only to the period for which they were expressly granted, including in the case of automatic renewal of the service.
- Once the stipulated conditions have been met (in particular registration and payment of the fee), the Provider will provide the User with the services (i.e. will allow the customer access to the content through the system) for the prepaid period, in accordance with the intervals set out in the Provider’s current price list or on the Provider’s website and in accordance with these Terms.
- The Provider is not liable for any inability to access the prepaid service caused by the technical characteristics of a device (whether software or hardware), nor for any damage caused by the unsuitability of a device, nor for the functionality or operation of a device.
- The paid registration may be used, by means of individual sign-in credentials, exclusively by the particular User. The User’s individual sign-in credentials are non-transferable and the User is obliged to protect them, not to provide or make them available to any Third party, not to publish them, not to allow their use or misuse by a Third party, and not to allow any Third party to use the prepaid service, whether free of charge or commercially; the User is liable for damage caused by their use or misuse by Third parties.
- If the individual sign-in credentials are lost, or their misuse is discovered or suspected, the User is obliged to inform the Provider of those facts without undue delay. The Provider is obliged, without undue delay after receiving such notice, to assign new individual sign-in credentials to the User and to block the original ones.
- The Provider declares that it will provide the services at a quality that can reasonably be expected having regard to their nature, purpose, the remuneration for their provision, and the conditions of use.
- The User is entitled to complain of defects in the services to the Provider within 7 days from the day on which the relevant defect occurred, by e-mail to info@trimanews.cz. In the complaint the User is obliged to specify precisely what the alleged defect consists in and to state the period during which the defect occurred.
- A customer’s complaint is deemed justified if the system fails and the provision of services is interrupted for more than 48 consecutive hours.
- The User has the right to withdraw from the paid registration within fourteen days. The period runs from the day the contract is concluded, i.e. from the day the payment is received in the Provider’s account. Withdrawal from the paid registration takes place exclusively by electronic communication to the e-mail address info@trimanews.cz, and the Provider will respond to the withdrawal within 15 working days.
- Exception to the display of banners within the paid registration: where a reader arrives at a Drbna site from the newsfeed of Seznam located at www.seznam.cz, the display of advertising is not restricted.
VII. Rights and obligations of the parties
- The User declares and warrants that:
- they are over 18 years of age,
- they have full legal capacity,
- they have not been deprived of legal capacity, nor has their legal capacity been restricted to an extent preventing them from consenting to these Terms and using the Services,
- the information given on registration was true, complete and correct,
- the User’s use of the Services under the conditions set out in these Terms will not breach the laws of any state other than the Czech Republic,
- before starting to use the Services they have thoroughly read these Terms, that they fully understand them and agree with them,
- they are aware that, as a result of the suspension or modification of the provision of the Services, they may temporarily or permanently lose access to Content, whether the Provider’s Content, the User’s Content or Third-party Content.
- Regardless of any other provision of these Terms, the User undertakes that they:
- will not complete Registration if doing so would breach the laws of any state other than the Czech Republic,
- will not use the Services if their use would breach the laws of any state other than the Czech Republic,
- if under 18 years of age, will not use Services for which a minimum age of 18 is a condition of use,
- will use the Services only for the purpose for which they are intended,
- will not use (or attempt to use), for access to the Services, any interface other than the one provided for that purpose by the Provider,
- will ensure the confidentiality of all identification data and passwords necessary for signing in and for access to the Services, and in particular will not disclose them to any Third party,
- will immediately inform the Provider if they discover the misuse of their identification data and passwords by any Third party,
- will not engage in any unlawful or unethical conduct in connection with the use of the Services,
- will not do anything that would disrupt or damage the Services (or the networks and servers connected to the Services).
- Regardless of any other provision of these Terms, the Provider is entitled:
- at any time, at its own discretion and without any need to inform the User in advance, to suspend or restrict the provision of any Service or to change in any way the manner in which any Service is provided, whether in relation to all Users or only to some Users, including deleting, removing or making inaccessible the User’s Content,
- at any time, at its own discretion and without any need to inform the User in advance, to terminate the provision of any Service, whether in relation to all Users or only to some Users,
- at any time, at its own discretion and without any need to inform the User in advance, to cancel or block the User’s account (including a mailbox and the like).
- The Provider is entitled to change the system and its structure, sections, parts, content and scope in order to improve or alter the services. The Provider is entitled to cease providing a particular part of the services (a part, section or similar of the system), to suspend its provision or to change it, even without prior notice.
- The Provider is entitled at any time to suspend the provision of a service temporarily, e.g. for reasons of security, force majeure, a decision of a competent authority or court, or the exercise of rights necessary for the operation or maintenance of the system, without this being regarded as a breach of the Provider’s obligations.
- The services are provided on the following terms:
- The Provider grants the User a licence to the Service, the Provider’s Content, software and other copyright works of the Provider (the “Subject of the Licence to the User”) — a free of charge, non-transferable and non-exclusive licence valid in all countries of the world, for the use of the Provider’s Services, Content and software (the “Licence to the User”). The licence is granted only to the extent serving the proper and usual use of the Provider’s Services, subject to the restrictions under Article VII, paragraph 4.2 of these Terms.
- Except in the cases expressly set out in these Terms, the User may not alter or modify, copy or otherwise reproduce, distribute, communicate to the public, otherwise disseminate, transfer, rent, lend, display, perform, reproduce, publish, sublicense, assign or sell any information, the original or copies of the Subject of the Licence to the User, nor create collective or derivative works from them. The User is not entitled to use the Services for any purposes contrary to these General Terms and Conditions or to 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 functioning of the servers operated by the Provider or Affiliated persons, or interfere with the use of those servers or Services by Third parties. The User may not in any way obtain, or attempt to obtain, any copies of the work (even for personal use), or any materials or information relating to the Services that are not or have not been made publicly available or provided through the servers operated by the Provider.
- The User acknowledges that these General Terms and Conditions do not entitle them to use the Provider’s business name, trade marks, logos, domain names or any other designations and business elements of the Provider. Use of the logo is possible only with the express consent of the Operator and in compliance with the principles for the use of the Provider’s logo set out in the brand manual.
- If, in connection with the use of a Service, the User transfers to the Provider their texts,
images, videos, copyright works or other User Content (the “Subject of the Licence to the
Provider”), the User thereby grants the Provider, free of charge, expressly and voluntarily, a
non-exclusive licence for the ways of use set out below. The Subject of the Licence to the Provider
means a document, information or other data that the User sends or otherwise transfers through a
Service to the web pages of any server through which Users use any Service of the Provider.
- The User declares and warrants to the Provider that they are entitled to grant the Provider the Licence to the Subject of the Licence under these Terms, and that neither the granting of such a licence by the User nor its use by the Provider will infringe the rights of third parties.
- The Provider is entitled, in all ways and to an unlimited extent, to use, alter and modify, copy, distribute, transfer and otherwise communicate the Subject of the Licence to the Provider to the public, or otherwise disseminate, display, perform, reproduce, publish or otherwise make it available, to grant those rights and to sublicense the Subject of the Licence to the Provider to Third parties, and to create collective or derivative works from it.
- The Provider is not obliged to use the Subject of the Licence to the Provider in any way and is entitled to remove it from the servers operated by the Provider at any time at its own discretion.
- The transfer of any User Content, including contributions, opinions or comments, to the Provider by the User is voluntary, and the User is not entitled to any payment for granting the licence.
- Registration of a User is free of charge and the User uses the Provider’s Services free of charge. Chargeable premium options or functions are an exception.
- Principles of user conduct:
- The User is liable for the consequences of their acts connected with the use of the Services and agrees that they will not use the Services for any activities that are or could be contrary to the laws of the Czech Republic or of other states applicable to the User, to the rules for using the Provider’s Services and to its legitimate interests, to these Terms, or to the generally recognised principles for using services provided over the internet.
- The User is obliged always to respect the rights of the Provider, Affiliated persons and Third parties, in particular when handling copyright works and other subject matter of intellectual property rights.
- In particular, the User must not:
- use any Service of the Provider contrary to these GTC,
- use any Service commercially in a manner capable of harming the Provider, e.g. create User accounts for the purpose of transferring them to another User, whether for payment or free of charge,
- obtain the sign-in names and/or passwords of other Users of the Provider’s Services or of Third parties’ services and products,
- misuse, block, modify or otherwise alter any part of a Service, or even merely attempt to disrupt the stability, operation or data of the Services,
- use their User account to send unsolicited messages (spam, hoaxes and the like) in any form, viruses, or other illegal or harassing content,
- create the impression that the user of a Service is a legal or natural person other than the User, or create User accounts whose parameters (e.g. the e-mail address) may cause offence or are contrary to moral or ethical rules,
- infringe the rights of the Provider or of Third parties in any way other than those set out in the preceding points,
- attempt to act in any manner prohibited here.
- The User is further expressly prohibited from transferring to the Provider (i.e. placing,
uploading, linking to or otherwise disseminating) User Content which in particular:
- infringes the intellectual property rights (copyright, rights related to copyright, industrial property rights and the like) of others,
- leads to unfair competition contrary to the rules governing competition in business dealings or to the customs of competition, and which may damage the good reputation of a competitor or endanger the operation or development of a competitor’s business,
- contains trade marks, business names or protected designations of origin used without authorisation, to which a Third party holds an exclusive right, or any designation confusable with them,
- contains any parts which incite or lead to failure to comply with a duty imposed by or under a law, or to a criminal offence, or which approve of a criminal offence or publicly praise its perpetrator,
- contains any parts which entice the abuse of addictive or life-threatening substances or support or incite the abuse of such substances,
- contains any parts which threaten other persons or a group of the population with death, bodily harm or large-scale damage,
- contains any parts which defame a nation, its language, an ethnic group or race, or a group of the population on account of their political beliefs, religion or lack of religion,
- contains any parts which incite hatred towards a nation, ethnic group, race, religion, class or other group of persons, or towards the restriction of the rights and freedoms of their members,
- contains a false alarm message,
- contains pornographic works, in particular those depicting a child, or in which violence or disrespect for a human being is manifested, or which depict sexual intercourse with an animal,
- allows persons under eighteen years of age access to any pornographic works,
- contains an untrue statement about another person capable of significantly endangering their standing among fellow citizens, in particular of damaging them at work, disrupting their family relationships or causing them other serious harm,
- supports or promotes a movement demonstrably aimed at suppressing human rights and freedoms or preaching national, racial, religious or class hatred or hatred towards another group of persons, or publicly expresses sympathy for such movements,
- denies, questions, approves of or seeks to justify the Nazi or Communist genocide or other crimes against humanity,
- is in any other respect contrary to good morals.
- Where a User uses any Service of the Provider contrary to these GTC, the Provider has the right at any time, without prior notice and without any claim arising on the User’s part, to terminate or restrict the provision of the Services, to delete, remove or otherwise make inaccessible the User’s Content, or to cancel or block the User account. The User acknowledges and agrees that breaching the prohibitions may lead to the above consequences, including cancellation of the User account.
VIII. Protection of personal data
- Personal data means information about the User on the basis of which the User can be identified
directly or indirectly, in particular by reference to an identifier such as a name, identification
number, location data, an online identifier, or one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that natural person.
Sensitive data means information about the User revealing national, racial or ethnic origin,
political opinions, trade union membership, religion and philosophical beliefs, criminal
convictions, health and sex life of the data subject, and genetic data of the data subject, or any
biometric data allowing the direct identification or authentication of the data subject.
- In accordance with Article III of the GTC, the Provider requires the Mandatory Personal Data as part of Registration. The User may voluntarily, at their own discretion, provide the Provider with further optional data.
- Providing any sensitive data is not obligatory. The Provider does not and will not require any sensitive data from the User. If the User provides any sensitive data within the Services, they do so voluntarily and at their own discretion.
- All your rights, as well as further details of how we process your personal data, can be found in the Privacy Policy placed on our website.
- The Provider collects and stores the Personal Data entered by the User by means of electronic
information carriers in a secured database. The Provider protects the Personal Data to the maximum
possible extent using modern technologies corresponding to the state of technical development. The
Provider declares that it has taken all possible, i.e. currently known, measures to secure that data
against unauthorised interference by third parties.
- The Provider is nevertheless not liable for any unauthorised interference by third parties as a result of which those persons gain unauthorised access to the Personal Data of individual Users and/or to their User accounts and/or to the Provider’s database, and use, exploit or misuse that data or make it available to third parties without authorisation.
- The User declares that they are aware of the risks arising for them from the above unauthorised interference by third parties.
- The Provider will not, without the User’s prior permission, process, share, sell or use the User’s data from their Personal Data in the registration service in a manner contrary to these General Terms and Conditions.
- The User acknowledges that the Provider is entitled to process, collect and monitor the Personal Data of individual Users for its own purposes (i.e. for the purpose of providing the Services under these GTC) and for statistical purposes.
- By completing Registration, the User grants, in a separate consent, informed consent to the processing of the Personal Data provided under these GTC to the Provider as controller, for the purpose of identifying the User when using the registration service. The User further grants consent to the further marketing processing of the Personal Data under Article VIII of these Terms, in particular for targeting advertising at Users of the Services and sending commercial communications.
- The User grants the above consents to the processing of Personal Data for a period of 10 (ten) years, or until the full settlement of the rights and obligations arising from the Use of the Services, unless the User withdraws their consent earlier or exercises another right set out in the Privacy Policy. This is without prejudice to the Provider’s obligation to process the User’s Personal Data for the period laid down by or in accordance with the applicable legislation.
- The controller is entitled to engage a third party as a processor of the Personal Data. A list of those persons is available at the Provider’s registered office.
- The User’s consent to the processing of Personal Data under this Article VIII of the GTC is voluntary. The User is entitled at any time after creating a User account to withdraw that consent in writing to the Provider’s address, or to exercise another right set out in the Privacy Policy and in accordance with the procedure set out there.
- From the moment a User account is created, the User has the right at any time to ask the Provider for information about the processing of their Personal Data, the right of access to personal data, the right to rectification, the right to erasure, the right to restriction and the right to object. The procedure for exercising these rights is set out in the Privacy Policy.
- The User acknowledges that the Provider may be obliged to provide Personal Data on the basis of a law or in order to comply with its legal obligation (e.g. in court or administrative proceedings). The Provider is further entitled, where necessary, to disclose personal data in order to protect the rights of the Provider or of Affiliated persons, or to protect the personal safety of Users or third parties.
- The User consents to the anonymous use and/or publication of registration and statistical data by the Provider for the development and operation of the Services provided. Statistical data and compilations of it will not, however, contain Personal Data of such a nature that, on the basis of one or more items of that data, the User could be identified directly or indirectly, or that would allow any Third party to contact the User.
- Every User is obliged, before starting to use the Services, to read the Privacy Policy and to give consent to the processing of their personal data. Consent must be expressed directly by ticking the box “I agree with the processing of personal data” and confirming the consent by clicking. If the User does not grant consent, Registration will not be completed and the Services will not be provided to them.
IX. Commercial communications and advertising
- The User hereby acknowledges and agrees that advertising and/or promotional messages
(“advertising”) may be displayed within the Services. Such advertising may relate to the Content of
the Services, to queries entered through the Services and to other information.
- The extent of the advertising and the manner of its display are determined by the Provider, who is entitled to change them at any time without prior notice.
- Advertising constitutes Third-party Content and the Provider is therefore in no way liable for the content of the advertising. For the avoidance of doubt, the parties expressly declare that the Provider is not liable for any damage incurred by the User as a result of the existence, incompleteness, inaccuracy or lack of currency of any advertising, or as a result of the User’s relationship with the advertiser or with the seller of the advertised goods or services.
- In accordance with Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (the Act on Certain Information Society Services), as amended, the User hereby agrees that the Provider is entitled to send the User, to the e-mail addresses given by the User on Registration (or on changing it), commercial communications containing in particular information about news concerning the Services and about the products and services of Third parties.
X. Exclusion of liability
- The Provider gives the User no warranties regarding the Services, the Provider’s Content and
Third-party Content, in particular no warranties regarding the functionality and availability of the
Services. In particular, it does not warrant to the User that:
- the Services will be available continuously twenty-four hours a day, seven days a week,
- the Services will be fully functional throughout the period of their availability,
- the Services will be provided without errors,
- the Provider’s Content or Third-party Content is accurate or correct and does not infringe any rights of Third parties.
- The User declares that they acknowledge that the Provider gives no warranties regarding the
provision of the Services, and that the provision of the Services is therefore associated with a
certain risk; the User accepts that risk and undertakes to take all reasonable steps to exclude or
limit, to the greatest possible extent, the possibility of harm or other adverse consequences
arising on their side in connection with the use of the Services.
- To that end the User undertakes in particular to back up all User Content regularly and in a suitable manner and to take other appropriate measures.
- The User undertakes to indemnify the Provider for all harm (pecuniary or non-pecuniary) incurred by it as a result of a culpable breach of these Terms by the User.
Consent to the Terms
- Every User is obliged, before starting to use the Services, to read these Terms and to express their consent to them. Consent may be expressed either directly by clicking the button expressing agreement with the wording of these Terms, or in fact by the User starting to use any of the Services. If the User does not agree with these Terms, they are obliged to refrain from using the Services.
- The Provider is entitled at any time to change the content of these Terms unilaterally. The Provider will notify the User of a change to the Terms.
- Any changes to these Terms take effect on the day determined by the Provider, but in relation to each User only if the User expresses agreement with such a change. Agreement on the part of the User is deemed to be either clicking the relevant button expressing agreement with the change to the Terms, or the User continuing to use the services after the date determined by the Provider as the effective date of the change to the Terms. If the User does not agree with the changes to the Terms, they are obliged to refrain from using the Services after the date determined by the Provider as the effective date of the change to the Terms. For the avoidance of doubt, the parties declare that a User who registered in the past in connection with the use of one of the Services before these GTC took effect, and who continues to Use the Services on the basis of that original registration, becomes without further ado a User under these GTC, and is deemed to have completed Registration within the meaning of Article III of these Terms.
Final provisions
- All communication between the Provider and the User may take place either in writing (in the case of the Provider by delivery to the address of the Provider’s registered office, and in the case of the User by delivery to the address given by the user on Registration or to the address where the User resides) or by e-mail (in the case of the Provider by delivery to the e-mail address info@trimanews.cz or to the e-mail addresses given for the individual Services, and in the case of the User to the e-mail address given on Registration). Communication by the Provider in relation to one or more Users may also be carried out by the Provider by publishing a particular notice on the Provider’s website (for example in the case of notification of a change to these Terms). Where any of the above methods of communication is used, the written form is deemed to have been preserved.
- These Terms, as well as all legal relations arising or which may in the future arise between the Provider on the one hand and the User on the other in connection with the Services, are governed by the law of the Czech Republic.
- If any provision of these Terms is or becomes invalid or unenforceable, in whole or in part, it is fully severable 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 the invalid or unenforceable provision with another provision that corresponds as closely as possible to the content of the original provision.
- This wording of the Terms takes effect on 25 May 2018. When newer Terms take effect, Terms with an earlier effective date automatically cease to be effective.