Terms & Conditions
PROVIDER AND WEBSITE OPERATOR:
With its registered office Národní 58/32, 110 00 Prague
Company ID No.: 04965337
The company is incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, Insert 256342. Responsible person: Ing. Marek Moravec MSc. et. MSc.
BUSINESS TERMS AND CONDITIONS
I. GENERAL PROVISIONS
- These Business Terms and Conditions define and specify rights and obligations of Provider and Users of the Products offered by Provider on the website: procrastination.com (further referred to as “Provider´s website”) and provided online through internet access. These are further referred to as "Product” or “Products", for a complete list of Products governed by this terms of service see procrastination.com.
- The User has the possibility to acquaint himself with these Business Terms and Conditions before submitting his order and sign in to use the Products. They are pointed out to User well in advance and the User is asked to read through them carefully. By submitting his order, the User confirms that he is familiar with these Terms and Conditions and agrees to be bound and abide by these Terms and Conditions.
- The User acknowledges that he has the right to use the Products only for private, non-commercial purposes. At the same time, the User acknowledges that only users over 15 years of age are entitled to enter into a contractual relationship and to buy Products described below.
- The User agrees with the use of remote communication means for the purpose of concluding a contract with Provider. User's costs incurred by use of remote communication means in connection with conclusion of the contract (costs of internet connection, costs of phone calls) shall be paid by the User himself.
- The user is able to order Products without registration, but for full use of respective Product the User has to be registered on the Provider´s website and fill out the information requested by registration form available at: procrastination.com/register. The User can register or login also through Facebook or other social networks, according to the possibilities offered by the website of the Provider.
- Registered Users shall be obliged to protect their access passwords. They shall promptly report any loss or misuse of their password to Provider so that Provider can adopt adequate measures. Nevertheless, Provider shall not be liable for any damage caused by loss or misuse of User's access data.
- When making registration the User shall be obliged to give only true and complete data as required by Provider. Should he give untrue and/or incomplete data, the User shall be fully liable for any damage caused thereby. Provider shall not be liable for any data misuse by Users.
- Provider can block User's data in case of justified doubts concerning their correctness. Should it be impossible to correct or verify those data, or should such a correction or verification be connected with inadequate costs or difficulties, the data shall be destroyed.
III. PURCHASE PROCEDURE
- The User shall have the right to purchase Products via the offer on pages of the Provider´s website with information about Products by click on the link or button containing "Purchase" or “Buy” and by completion of the required billing data, against payment of the required price in one of the determined payment methods. The Provider shall send the confirmation of the purchase and respective access codes for Products electronically to the e-mail address given by the User when ordering the Products after settlement of the respective price.
- After conclusion of the Contract between User and Provider according to the procedure laid down above by these Business Terms and Conditions, the User shall receive the access code for access to the ordered Product. User is entitled to submit the access code for use the Products to another person, but one access code can be always used just one time and by one person.
- The user expressly grants the consent to the Provider to start providing services more precisely providing access to the Products before the expiration of the statutory deadline for withdrawal from the contract concluded with a consumer. In the event that the Provider fulfilled his obligation to provide access to the Products to the User before this deadline for the withdrawal, the User shall have no right to withdraw from the contract with Provider.
- The Products have a set price or a range of prices, according to the characteristics of the Products and current offer. These price may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices.
- In the case of User's dissatisfaction with the Products purchased from the Provider on the basis of this Terms and Conditions, the User is for the term of 30 days from purchase of Products entitled to demand repayment of full price paid for provided Products. In that case the User has to send the request for repayment in written to Provider´s e-mail address email@example.com at the latest 30th day after the purchase and the Provider is obliged to return respective amount of money back to the User until 30 days from the receipt of the request.
IV. PAYMENT TERMS
- When paying the price of the ordered Products, the User shall be redirected to the relevant payment gateway according to the selected payment method. Provider will have no access to any confidential data of the User's data entered when paying for the Products, whether the data entered within internet banking or the User's payment card.
- Total price of the ordered Products is displayed upon order submission and binding purchase of the Products. The User shall pay the whole price of the ordered Products after order submission or binding purchase of the Products according to these Business Terms and Conditions.
When making a binding purchase of the Products, the User can select one of the following methods of payment for the Products price if available:
a. payment by a payment card;
b. payment by PayPal.
- All prices of Products shall be valid at the time of order submission and binding purchase of the Products. Provider reserves the right to change prices of Products at any time.
- All copyright materials (content), trademarks and other intellectual property rights materials or contents supplied as part of Provider´s website or Products shall remain, at all times, vested in Provider. User is not permitted to use this material or content unless authorized by Provider. By using the Products, the User shall not obtain any rights to the contents of the Products. Moreover, User are only allowed to use such material in the manner described in this Business Terms and Conditions, and no other.
- User is not authorized to copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents. The User undertakes not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or access to the Products without the express permission by Provider.
- Provider shall be entitled to exercise proprietary copyrights to the Products. Provider shall have all rights to the very contents of the Provider´s website and Products, including the text and its designs, graphics, all pictures at the website as well as selection and arrangement of the files contained at the Provider´s website.
- Moreover, if User become aware of any such distribution or commercial exploitation, User agrees to notify Provider immediately.
VI. INJUNCTIVE RELIEF
- The User acknowledges that any use of the Products contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of content, technical information or materials related to the Products, may cause irreparable injury to Provider, and under such circumstances provider will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
VII. RESPONSIBILITY OF PROVIDER
- The Users use of the Products is at their sole risk. The products are provided "as is" and "as available". Provider disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider shall be responsible only for the damage incurred by the User by deliberate actions of Provider or by gross negligence pursuant to the applicable legal regulations. In addition, Provider shall be responsible only for the failure to fulfill obligations laid down by these Business Terms and Conditions.
- In order to ensure safety of message and data transmission in connection with provision of the Products by Provider, Provider shall be obliged to take technical and organizational measures necessary to ensure safety of Products. Provider is not liable for damage to Users or third parties as a result of the inability to use the Products, nor direct, indirect, nor in connection with this event.
- Provider shall not be responsible for and shall not guarantee obligations of persons whose offers may appear at the Provider´s website in the form of advertisements or otherwise. Provider shall not be a party to any legal relation established by the User with such third persons. Provider shall not be responsible for the veracity, contents and form of third party's advertisements at the Provider´s website.
- Provider is not liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. The limitations on Provider’s liability which are lawful in User's jurisdiction will apply to User.
- In no event will Provider be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Products, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Provider has been advised of the possibility of such damages. In any case, Provider's maximum cumulative liability and exclusive remedy of the User for any claims arising out of or related to this relationship will be limited to the amount actually paid by the User for the Products (if any) in the previous twelve (12) months.
VIII. MODIFICATION OF PRODUCTS
- Provider reserves the right at any time and from time to time to modify or discontinue, temporarily the access to Products (or any part thereof) with or without notice at any time. The User agrees that Provider shall not be liable for any modification, suspension, termination or discontinuance of the Products.
- Provider shall settle User's complaints via the e-mail address firstname.lastname@example.org It shall send information about User's complaint settlement to the User's e-mail address. User's complaint should include description of the problem as a basis of the complaint filing and the User shall specify his data, e.g. name, e-mail address and phone number.
- Provider shall inform the User about his complaint settlement to the e-mail address given by the User within 7 days from receiving the complaint.
- The User agrees to indemnify, defend and hold harmless Provider from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney´s fees as and when incurred) arising from use of the Products by User, use of access and violation of these Business Terms of Conditions or the infringement or violation by the User or any other person using User´s account, of any intellectual property relating to the Products or other right of any person or entity.
XI. FINAL PROVISIONS
- These Business Terms and Conditions shall be in force as amended at the website procrastination.com on the day of submitting the order for respective Product.
- By submitting the electronic order for respective Product, the User shall accept without reservations all provisions of the Business Terms and Conditions as amended on the day of order submission, as well as the valid price of the Products at the Provider´s website on the day of order submission unless agreed otherwise in particular cases.
- The User declares that he has all necessary right, power and authority to enter into these Business Terms and Conditions and to perform the actions required of the User hereunder.
- Should any User disapprove of any part of these rules, it shall be an exclusive right of each User to not order the Products and not to use the Products.
- By approval of these Terms and Conditions, the User acknowledges that for the purpose of enhancing the quality of its Services, Provider is authorized to obtain information concerning the use of the Provider´s website by the User, particularly information about User's browser, operating system, IP address, time spent at the website.
- Users and Provider expressly agree that all their mutual relations shall be governed by the law of the Czech Republic. As concerns settlement of mutual disputes, Users and Provider agree on the subject-matter and local jurisdiction of the general court in the Czech Republic. But only in the case, if it is not excluded by relevant legal regulations. Recognizing the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct. Specifically, the User agrees to comply with all applicable laws of the Czech Republic.
- Provider reserves the right to change these Terms and Conditions at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The User shall be obliged to regularly check the form and possible changes of these Terms and Conditions. If the User uses the Products in any way even after any change hereof, he shall be considered familiar with the changes hereof and approving of them without reservations. Hence, Provider encourages all Users to fully read this agreement and review it regularly.
- These Terms and Conditions are executed in English.
I. GENERAL PROVISIONS
- The Provider offers the Products offered on the website: procrastination.com (further referred to as “Provider´s website”) online through internet access. These are further referred to as "Product” or “Products", for a complete list of Products of Provider please see procrastination.com.
II. USER PROVIDED INFORMATION
- The Provider shall act so that no damage is caused to the User´s rights, particularly the right to maintenance of human dignity, and it shall ensure protection against unauthorized infringement of the User's private and personal life. Personal data provided by the User to the Provider on a voluntary basis for the purposes of order fulfillment and the Provider marketing campaigns shall be collected, processed and stored in accordance with the applicable laws of the Czech Republic.
- By accepting Business Terms and Conditions, the User grants the Provider his express approval of personal data collection and processing for the purposes of fulfillment of the concluded contract and use of those data for the Provider´s marketing purposes until the User serves his written disapproval of the processing on Provider.
- The Provider shall collect, with User's approval, User's personal data, i.e. name, address, phone and e-mail. Those data shall be used particularly to facilitate User's orders in the future.
- The Provider shall not disclose the provided information to any third party except for the contractual partners whom the information is disclosed only in the extent necessary for fulfillment of the Provider´s obligation and providing the Products, such as PayPal (Europe) S.À.R.L. ET CIE, S.C.A., 22-24, boulevard Royal L-2449 Luxembourg; Adyen B.V., 1001 EB Amsterdam, The Netherlands; and MailChimp owned and operated by The Rocket Science Group, LLC d/b/a, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308.
- The User shall have the right to access to his personal data and the right to have them corrected, including the right to demand explanation and removal of a defective state and other statutory rights to those data. The User can change his data kept by Provider on the basis of a request sent as an e-mail email@example.com.
- The User may withdraw his approval of personal data storage and processing or of commercial communication distribution at any time by sending an e-mail message to firstname.lastname@example.org.
- Submitting User´s personal information is voluntary. The User should decide not to provide particular information, but the User may not be able to use all provided Products.
- The Provider enables Users to sign up using their account on the Provider´s website and third party sign in. The Provider collects basic User data, including, but not limited to, e-mail address and User name and a password, in case of signing up with account on the Provider´s website.
- The Provider may use Facebook integration. If the User allows Facebook application, the Provider may access all information provided by Facebook, including, but not limited to User´s name, User´s e-mail address, User´s friends list or User´s likes. Use of Facebook integration is on a voluntary basis. For details, consult Facebook Data Use Policy https://www.facebook.com/about/privacy/.
III. USING OF PROVIDED INFORMATION
- If the User submits personally identifiable information to the Provider through the Provider´s website, then the Provider use his personal information to operate, maintain, and provide to User the features and functionality of the Products and to operate the Products and to improve and customize User´s experience with the Products.
- The Provider may use User´s email address for non-marketing or administrative purposes. The Provider uses both User´s personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Products and to create new features, promotions, functionalities, and services by storing, tracking, and analyzing User preferences and trends.
- The User´s e-mail address is used to deliver important transactional e-mail and periodical newsletters. These may have form of commercial messages and may include promotions. The User may opt out by following the link added to every commercial e-mail or by contacting the Provider at email@example.com.
- The Provider uses both, session cookies and persistent cookies. A persistent cookie remains on the User´s hard drive after he closes the browser. Persistent cookies may be used by the browser on subsequent visits to the site. Persistent cookies can be removed by following the web browser help file directions. A session cookie is temporary and disappears after the User closes the browser. The User can reset the web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Products may not function properly if the feature “accept cookies” is disabled.
- The Provider does not use Products to knowingly solicit data from or market to children under the age of 15. If a parent or guardian becomes aware that his or her child has provided the Provider with information without their consent, he or she should contact the Provider. The Provider will delete such information from his files within a reasonable time.
- The Provider is concerned about safeguarding the confidentiality of User´s information. The Provider provides physical, electronic, and procedural safeguards to protect information he processes and maintain. For example, the Provider limits access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve Products. The User should be aware that, although the Provider endeavor provides reasonable security for information he processes and maintains, no security system can prevent all potential security breaches.
VII. PASWORD SECURITY
- All user passwords are stored as salted hashes, which is an industry practice to protect passwords in case of a security breach. Nonetheless, users should never use the same password for multiple sites. The Provider does not see nor collect User´s Facebook or Google+ passwords.