These General Terms and Conditions (hereinafter referred to as the "GTC") define the basic business conditions and relations between Ing. Vladimír Kraus, ID: 64873340, with its registered office at Zapadni 3, 323 00 Plzen, Czech Republic, hereinafter referred to as the author, and its customers in the field of selling electronic products and providing services related to these products.
The conditions and relationships not mentioned in these GTCs are governed by the legal regulations of the Czech Republic, in particular the relevant provisions of Act No. 89/2012 Coll., The Civil Code and the provisions of Act No. 121/2000 Coll., On copyright.
Software Product - specifies the author's software, electronic documentation, the appropriate installation media, as well as all up-to-date updates and supplements to the original software product provided by the author. The software product is not sold, only the right to use it - the license.
Licensee - a natural or legal person, also a "user". A person can become the licensee by buying the license, obtaining a license from the author free of charge or as "acquirer" in the event of a license transfer with the consent of the author.
Website Trefik - Website at www.trefik.cz run by the author.
Data Updates - Providing up-to-date data for the software product.
III. VERSION OF THE SOFTWARE PRODUCT
The software product is offered in four versions:
1) full version - contains data from all sports watched,
2) version without tennis - contains data from all sports watched except tennis,
3) tennis version - contains only tennis data,
4) demo version - sample version with limited data and features.
IV. INFORMATION ABOUT PRODUCTS, SERVICES AND THEIR PRICES
Information about the offer and prices of the author's software products and services are publicly available on Trefik website.
Data update is a service provided by the author to the user. For the purpose of using this service, the user creates an account on the Trefik website. From this account, the amount for access to the update is deducted each week of the year if the user has used the data update this week. The week is set for a time period from Monday to Sunday, and the week can begin for Sunday to update at 22:45 CET of the previous calendar week.
The fee for a given week of use of data updates is deducted by the user even if he or she has been installing or reinstalling the software product in that week. Even in this case, data updates are performed because an updated installation is available every week.
The fee for the data update is deducted by the user from his account for the above mentioned conditions in a given week at most once.
V. ORDERS AND THEIR PROCESSING
The license for the software product and access to the data update can be ordered on Trefik website.
By submitting the order, the customer agrees with these GTC, accepts the offer of the author and obligatorily orders the subject of the order. The order is a draft contract or service contract.
The essential requirements of the order include:
The author will, in the shortest possible time, but usually within 1 business day, issue the order by contacting the customer in the case of ordering a software product or by making the data update available in the case of a paid data update order. By completing or confirming an order, a purchase contract or service agreement is concluded. The contract of sale consists exclusively of the conditions set out in License Agreement and in these GTC.
VI. DISCLAIMER OF THE CONSUMER FROM THE BUYER'S CONTRACT
If the buyer is a natural person-consumer (the "Consumer"), he / she has the right to withdraw from the purchase contract concluded in a distance manner, within 14 days from the date of receipt of the Software Product. For the purposes of these GTC, the User is not considered to be a Consumer who, when ordering the product for the purpose of concluding a sales contract, will indicate his business name.
VI.1. WITHDRAWAL OF THE SOFTWARE PRODUCT CONTRACT
The Consumer may exercise the right to withdraw from the Purchase Agreement as follows:
The consumer shall inform the author of a plan to withdraw from the purchase contract by means of a clear statement (for example by letter sent through the postal service provider or by e-mail). The consumer shall state in the declaration the date of the order, his name and address and the date of withdrawal.
In order to comply with the withdrawal period, it is sufficient to submit a withdrawal before the expiry of the relevant period.
Withdrawal from the contract can only be exercised if the product has not been installed by the user. In addition, it is possible to withdraw from the contract if the software product does not work for the user for objective reasons, for example due to lack of free space on the computer disk and the impossibility to secure this free space.
In the event that the will of cancellation is not delivered to the author by the 14th day after the date of receipt of the Software Product, and in the case where the Consumer installs the software product, withdrawal is void.
The Author shall refund the payment received from the Consumer without undue delay upon receipt of the returned Software Product.
VI.2. WITHDRAWAL FROM DATA UPDATES SERVICE
The user has the right to withdraw from the purchase agreement also when purchasing the data update service:
upon withdrawal from the purchase contract, including a software product,
in situations where the data update service does not work correctly due to unavailability of the service on the author's side.
The user informs the author in the form of a clear statement (for example, by letter sent through the postal service provider or by e-mail) about the intention to withdraw from the sales contract. The user shall state the date of the order, his / her name and address and the date of withdrawal.
The Author shall refund the proportion of the payment received from the Consumer and which has not yet been deducted from the user's account using the Data Update Service without undue delay upon receipt of the user's statement.
VII. FINAL PROVISIONS
The author is entitled to collect, process and store the user's personal data necessary for the fulfillment of his / her business obligations, respectively. Obligations resulting from the License Agreement. The data thus obtained are archived for the time necessary for the purpose of processing and are not provided to third parties except for the entities providing the transport services. The user has the right to access his / her personal data and the right to remove them, including any other legal rights to this data. By concluding a contract, the user grants the user, in the case of the License Agreement, the consent to send information relating to the Software Products and Services, both in written and in electronic form. The consent may be revoked at any time in writing to the address of the author's address.
The relevant provisions of the Copyright Act and other legislation governing the use of computer programs and databases and sanctions for their illegal use are not affected by these GTC.
The invalidity or ineffectiveness of any of the provisions of these GBCs does not affect the invalidity or ineffectiveness of the GTC as a whole.
The Author is authorized to change these GTC unilaterally. The author is obliged to publish a new version of the GTC on the website Trefík without any unnecessary delay. will send the new version or information about it to the user at its email address. Buyer, respectively. The licensee is obliged to become acquainted with the amended GTC. If the Licensee continues to receive services or other performance provided by the author, the GTC shall be amended for them at the time and with effect from the date of receipt of the service or performance. The buyer has the option of rejecting this change of business terms in the form of notice with a notice period of 2 months, which begins to run at the moment of delivery of the notice. If the other party does not make a notice within 15 days from the date of notification of changes to these GTC, then the other Contracting Party shall be deemed to agree to the change in the GTC.
These GTC become effective on the date of publication, ie on 16 May 2018. All previous versions of the GTC will cease to apply on that date.