1 INTRODUCTORY PROVISIONS
1.1 These general terms and conditions (hereinafter referred to as the “GTC”) regulate the rights and obligations of E-projects s. r. o. with its registered office at Svätoplukova 30, 821 08 Bratislava, Slovak Republic, IČO [organization ID No.]: 47 204 320, DIČ [tax ID No.]: 2023798337, registered in the Business Register of the Bratislava I District Court, section Sro [Ltd.], insert No. 89995/B (hereinafter referred to as the “Company”), and other entities using the Internet portal of the Company www.dogforshow.com (hereinafter referred to as the “Portal”).
1.2 The Company offers an environment where dog breeders, dog owners and dog handlers may present themselves. The Company also offers space for acting as a middleman for services between individual registered users as well as between registered and unregistered users (hereinafter referred to as the “Services”). The Company reserves the right to provide Services associated with the Premium Account for consideration, with the scope of the paid Services and the amount of the price for those Services being exclusively up to the discretion of the Company.
1.3 For the purposes of these GTC:
1.3.1 Portal – shall mean the Internet Portal that serves exclusively for the presentation of dog breeders, dog owners and dog handlers;
1.3.2 Owner of a Dog – shall mean a natural person or legal entity that owns a dog, but has no dog kennel;
1.3.3 Breeder – shall mean a natural person or legal entity that has a dog kennel;
1.3.4 Handler – shall mean a natural person who devotes itself to exhibition-type displays of a dog at a dog show and offers the service of exhibiting a dog for dog owners and breeders;
1.3.5 Unregistered User (Visitor) – shall mean any person who has visited the Portal and is not registered on it; the person has the possibility to browse the Portal, but has not the possibility to contact users;
1.3.6 Candidate – shall mean a natural person or legal entity that is interested to become a registered user and for that purpose it has completed and sent the registration form;
1.3.7 Registration Day – shall mean the day of confirmation by the notification e-mail of the registration to the provided e-mail address of the candidate;
1.3.8 Registered User – shall mean a candidate to whom the notification message has been delivered to the provided e-mail address of the candidate with confirmation of the registration at the Portal.
1.3.9 Registered User Account – shall mean the account allowing a Registered User to contact another Registered User by means of the Portal or to publish his own presentation of his activities relating to dog breeding or to the performance of exhibition-type displays of dogs;
1.3.10 Premium Account – is a paid account of a Registered User that enables the use of extended functionality.
1.4 A Registered User and an Unregistered User is entitled to use the Portal and the Unregistered User takes due note of the fact that by using the Portal he agrees to these GTC as well as to the fact that all the obligations stated in these GTC, in particular, but without limitation to, point 4.5.2 and 4.5.10 of these GTC, apply to him accordingly in the same way as with the Registered User.
1.5 A regulation of the mutual rights and obligations between individual Registered Users that are not regulated in these GTC depends solely on an agreement between the individual Registered Users.
2 BASIC CONDITION FOR USING THE PORTAL
2.1 The Company provides space for a Registered User - a Registered User Account, which enables him to use the possibilities offered by the Portal to a certain extent, depending on the type of the user account that the Registered User has chosen.
2.2 A pre-condition for using the Portal is the registration of the Candidate at the Portal (hereinafter referred to as the “registration”) and the subsequent activation of the Registered User Account by means of a link to the Portal sent to the Candidate’s e-mail (hereinafter referred to as the “account activation”). By the registration, the Candidate confirms that he has been informed of the wording of the GTC and that he agrees to the content thereof.
2.3 If during the registration process the Candidate activates the Registered User Account, he is entitled to use the benefits to the extent of the account for free.
2.4 If during the registration process the Candidate activates the Premium Account, the Registered User is entitled, after payment of the price for the Premium Account, to take advantage of the benefits to the extent of the Premium Account not later than on the business day subsequent to the payment. Failure to use the Premium Account does not affect the Operator’s claim to be paid the price of the Premium Account and the user does not have a claim to have it returned, unless these GTC stipulate otherwise.
3 CONDITIONS FOR REGISTRATION
3.1 The Candidate may request the Company for registration of a user account as a(n):
3.1.1 owner of a dog;
3.2 The Company shall register a Candidate, being a natural person, provided that he has fully completed and sent the registration form and provided that a notification message on the registration has been delivered to the provided e-mail address of the Candidate.
3.3 By sending the registration form, the Candidate declares or, where applicable, takes due note of the fact that:
3.3.1 he has read these GTC, the complaints rules and the personal data protection and cookies policy of the Company and he agrees to their wording without reservation;
3.3.2 the premium account is subject to charges and is limited in time in accordance with the GTC;
3.3.3 the data necessary for the registration of the Candidate is true, correct and complete;
3.3.4 the Company does not examine the correctness or veracity of the data provided by the Candidate in the registration form and the Company does not examine whether the conditions specified in point 3.2 have been met;
3.3.5 the failure to meet the pre-conditions set out in point 3.2 of these GTC constitutes a reason for a removal of the Registered User Account by the Company and for the assertion of potential damages on the part of the Company or the Registered User towards another Registered User who has violated the GTC.
3.4 After full completion and sending of the registration form, a notification message containing a link by means of which the Candidate shall activate the Registered User Account will be sent to the e-mail address of the Candidate.
3.5 By the Account activation by means of the link to the Portal sent to the e-mail, the Candidate becomes a Registered User and the registration form becomes a user account and the data given in the registration form become the content of the user account.
3.6 The Registered User takes due note of the fact that:
3.6.1 the registration at the Portal is not limited in time;
3.6.2 the content of his account will be - with the exception of his data in the scope: residence/registered office, e– mail, phone number and date of birth - available to other Registered Users;
3.6.3 he is responsible for the content placed in his account.
3.7 The use of the possibilities offered by the Portal to a certain extent, depending on the type of user account, shall be terminated by:
3.7.1 removal of the account by the Registered User at any time and without giving a reason;
3.7.2 removal of the account by the Company in the event of violation of these GTC, in particular, but without limitation to, points 4.4 , 4.5 and 4.6.
3.8 In the event of removal of an account by the Company for the reason mentioned in point 3.7.2 of these GTC, the Company shall send to the Registered User an e–mail notifying of the removal of the account by the Company with a statement of the reason.
4 RIGHTS AND OBLIGATIONS OF A REGISTERED USER
4.1 A Registered User has the right to use the Portal and his user account in a manner consistent with the purpose for which the Portal has been established and operated. At the same time, the Registered User has the right to modify the content of his account.
4.2 The Company shall provide the registered user with space for presentation of himself being directly accessible to the public, i.e. even for unregistered users, in the following way depending on the type of account:
4.2.1 an Owner of a Dog – basic information about the owner and basic information about the dog;
4.2.2 a Breeder – basic information about the kennel and basic information about the dog;
4.2.3 a Handler – basic information about the handler.
4.3 A Registered User has the right to remove his account at the Portal at any time.
4.4 A Registered User is obliged to give true information in his account and to this end he is obliged to update the information already provided during registration.
4.5 A Registered User undertakes not to:
4.5.1 present rough, offensive, defamatory, discriminatory or otherwise inappropriate information or photographs and presentations in his account;
4.5.2 bother other registered users by spam, particularly by sending information representing commercial communication or advertising;
4.5.3 masquerade as a fictitious person or a person with a different identity;
4.5.4 give untrue, offensive, unverified or misleading information about another person;
4.5.5 add information, pictures, photographs or presentations to his account:
- the consequence of which is the unauthorized use of the name of a legal entity or which, in any way, interfere with the positive reputation of a legal entity;
- which, in any way, violate rights by unfair competition, violate the personality rights, intellectual property or industrial property rights of third parties as well as the trade secret or another secret protected by law;
- which contain elements of pornography, violence, incitement of racial, national or ethnic hatred, consumption of spirits or other narcotic drugs or psychotropic substances;
- unrelated to the subject-matter of the website (pictures of cars, caricatures and similar things);
4.5.6 add to his account data that contain viruses, worms or other malware that are capable of damaging or otherwise preventing the proper functioning of the Portal;
4.5.7 register more than one account on the Portal;
4.5.8 interfere, in any way, with the account of another Registered User;
4.5.9 provide a third party with the Registered User Account password;
4.5.10 act in a manner that endangers or harms the Company or the functioning of the Portal or other portals linked to the Portal.
4.5.11 use any form of spam, e. g. in comments or in news (writing with UPPER CASE, referring to other websites, referring to other products …).
4.6 A Registered User expressly agrees not to counsel other Registered Users to use other portals that are or may be of competitive nature in relation to the Portal.
5 LIABILITY OF THE COMPANY, RIGHTS OF THE COMPANY
5.1 The Company is only liable to the Registered User and solely for paid Services provided by the Company.
5.2 The Company is not liable for an interruption of the functioning of the Portal’s operation and reserves the right to unannounced outages due to technical maintenance of the Portal.
5.3 The Company acts solely as an operator of services offered by Registered Users and it does this by providing space for presentation to Registered Users on the Portal. The Company does not enter into the direct relationship between the individual Registered Users or between Registered Users and Unregistered Users of the Portal.
5.4 The Company is not liable for the quality of goods or services presented by individual Registered Users on the Portal. Similarly, the Company is not liable for the availability of the goods or services presented by Registered Users.
5.5 The Company does not guarantee that a Registered User is also a breeder, owner of a dog or handler.
5.6 The Company is not liable for the content of information published in the Registered User Account.
5.7 The Company is not liable for direct, indirect or extraordinary damage caused by the use of information from the Portal.
5.8 The Company is not liable for damage caused by a faulty connection to the Portal. Protection of the computer or of data located in the computer of a user of the Portal shall be ensured by the user of the Portal.
5.9 The Company is not liable for damage caused by the use of data of a Registered User which has turned out to be untrue and on the basis of which damage has occurred.
5.10 The Company is not liable for a possible violation of intellectual property rights of third parties during the presentation or subsequent sale of goods or provision of services by a Registered User.
5.11 The Company is not be liable for a possible violation of these GTC by Registered Users. However, the Company is entitled to take measures to prevent violations of these GTC by registered users.
5.12 The Company reserves the right to use photographs or presentations of goods and services of Registered Users for the purpose of presenting the Portal by the Company and the Registered User expressly consents to that by completing and sending the registration form.
5.13 The Company reserves the right to discontinue the Portal without giving any reason and without any claims on the part of the Registered Users. In case of termination of the operation of the Portal, no obligations towards Registered Users arise for the Company.
5.14 The Company reserves the right to remove inappropriate content from a Registered User Account and after repeated publication of inappropriate content by a Registered User the Company reserves the right to remove the Registered User Account and to prevent its re-registration.
6 FINAL PROVISONS
6.1 The relationships of the Registered User and the Company are governed by these GTC and generally binding legislation valid in the territory of the Slovak Republic.
6.2 The Registered User takes due note of the fact that personal data protection is regulated separately in the document “Personal Data Protection and Cookies Policy” of the Company.
6.3 If any provision of these GTC is or becomes invalid, ineffective or unenforceable, the validity, effect or enforceability of the other provisions of the GTC shall not be affected, unless the very nature of such provision excludes this in accordance with generally binding legislation.
6.4 The Company reserves the right to alter these GTC, the complaints rules, the price of the Premium Account as well as the personal data protection and cookies policy at any time. Alterations of or additions to these GTC, the complaints rules, the price of the Premium Account as well as the personal data protection and cookies policy shall become valid and effective on the day of their publication on the Portal. The Registered User is obliged to become familiar with the current wording of the GTC.
6.5 Knowledge of the technical possibilities of the Internet on the part of the user is assumed when using the Portal.
6.6 By using the Portal, the Registered User accepts these GTC without reservation and they are binding on him to the full extent. Using the Portal is voluntary. If a Registered User does not agree to a provision of these GTC or a subsequent adjustment thereof, he is obliged to immediately cease using the Portal.
6.7 These GTC shall become valid and effective on 1.10.2015