The operator of the web application on the webpage www.cenovamapa.org and the provider of the Price Map of Transaction Prices service in the form of the Analyses offered on this webpage (the “Service”) is Společnost pro Cenové mapy ČR s.r.o., with its registered office at Králodvorská 1086/14, 110 00 Prague 1 – Staré Město, corporate ID: 241 60 130, tax identification number CZ24160130, VAT payer, recorded in the Register of Companies maintained by the Municipal Court in Prague, File C, Insert 184201.
Through a web interface, the provider offers its users the service for comparing apartment prices based on real = transaction prices and also based on the CULT standards, which enable users to compare individual housing projects on the basis of commensurable parameters. The application offers free-of-charge online views of map information and paid access to various types of Reports, ie data outputs, based on parameters defined by the user according to the application’s offer. Users can find a more detailed description at www.cenovamapa.org
The documents, price maps, graphs and other information (hereinafter the “Analyses”) further published on this webpage were prepared and made accessible exclusively for informational purposes for registered users, and therefore may not serve as supporting information for meeting any specific aims or requirements of the user.
If the user of this webpage decides to rely on the Analyses and the information included in them, the user bears all responsibility and all risks with no entitlement to any claims from the owner and/or operator of the webpage, its owners or Related Entities. Also, if the user decides to rely on the Analyses and the information included in them, this decision does not free the user from their obligation to perform their own necessary investigations and verifications of the Analyses and information included in them.
The analyses further published on this webpage meet the conditions of copyright-protected work in accordance with the applicable legislation, in particular Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and Amendments to some Acts (the copyright act), as amended (hereinafter the “Copyright Act”). The manner of preparing the Analyses is the know-how and trade secret of the operator of this webpage.
In particular, the user is not allowed to reproduce any of the Analyses or their parts, whether for a fee or free of charge (pursuant to Section 13 of the Copyright Act), to further circulate the original or any copies (pursuant to Section 14 of the Copyright Act), to lease the Analyses or their copies (Section 15 of the Copyright Act), to lend the Analyses or their copies to anybody (Section 16 of the Copyright Act), to exhibit the Analyses or their copies (Section 17 of the Copyright Act), to communicate their content or the content of their copies (Section 18 of the Copyright Act), especially in the manners stated under Sections 19-23 of the Copyright Act, to provide a sublicence through a sublicence contract, or to use the Analyses or any information included in them in connection with any business decision of any third party, or for promotional purposes.
All Analyses and information on this webpage are provided solely for the benefit of the user. The sole acquisition of any of the Analyses or of any of the information included here by any other parties will not lead to any new liabilities, legal relationships or current or future responsibilities between such entities and the owner and/or operator of this webpage, its owners and Related Entities.
Should any Analysis (or any information deduced from it) be provided to third parties, it may only occur because the owner and/or operator of this webpage, its owners and Related Entities do not have any liabilities or responsibilities towards the third parties or other entities that would gain access to the above stated.
The Analyses and information stated in them have been prepared for the users solely as a basis for internal discussion, or for a purpose expressly stated in the given Analysis, and may not be used as supporting information for any legal or other conclusions.
The owner and/or operator of this webpage, its owners and Related Entities hold no liabilities to third parties that might gain access to the Analyses, whether by violating the licence granted, or with the permission of the owner/operator of this webpage. The same applies to any opinions expressed on the basis of the Analyses or the information included in them.
The Analyses and information included in them are of a confidential nature and may not be used in any other way than is stated here, or provided to any third party without the prior express approval of the owner and/or operator of this webpage in writing.
The Analyses and their parts are not an expert appraisal that could be used before a court.
The findings presented in the Analyses are based on publicly available information that was not further independently verified, especially in respect of the accuracy and completeness of this information, and the owner and/or operator of this webpage, its owners and Related Entities do not accept any responsibility for the accuracy or completeness of this information.
The contents of the Analyses are based on information that the owner and/or operator of the webpage had access to at the time of their preparation. The user holds full responsibility for the use of all materials, Analyses and information on this webpage towards third parties.
The owner and/or operator of this webpage hereby states and the user acknowledges that the Analyses and/or information stated here are published and provided “as they are”, with no guarantees, be these expressly stated or only presumed; in particular, this applies to guarantees of tradability or the suitability of the results of the Analyses for a specific purpose.
The user acknowledges that the maximum liability of the owner and/or operator of this webpage, its owners and Related Entities towards “each user will not exceed the licence fee paid by the user for using the webpage”.
The owner and/or operator of this webpage, its owners and Related Entities are not liable to the user for any lost profits, even if such lost profits were relatively predictable or if the owner and/or operator of this webpage, its owners and Related Entities were informed that the user may suffer such lost profits.
The owner and/or operator of this webpage holds no liabilities in respect of the products and services of third parties provided by the user. The owner and/or operator of this webpage is not responsible for the 100% functioning of this webpage and reserves the right to interrupt the operation of the webpage at any moment, in particular for technical reasons. The owner and/or operator of this webpage reserves the right to terminate the operation of this webpage.
The owner and/or operator of this webpage is not responsible for the implementation of any recommendations or outputs by the user, or for the results of such an implementation.
The owner and/or operator of this webpage also does not make any statements and does not accept any responsibility for the impact of any events that occurred subsequent to the publishing of the Analyses and that may have an impact on the user and the interpretation of the Analyses.
The licence agreement concluded between the user of this webpage and the operator of this webpage may state different provisions regarding some of the rights and obligations; in such a case, the licence agreement shall prevail.
In Prague on 1 July 2014
Spolecnost pro Cenove mapy CR s.r.o., owner and operator of the webpage www.cenovamapa.org
I. GENERAL PROVISISONS
The provider of the service “Price Map of Transaction Prices” (the “Service”) is Společnost pro Cenové mapy ČR s.r.o., with its registered office at Králodvorská 1086/14, 110 00 Praha 1 – Staré Město, corporate ID: 241 60 130, tax identification number CZ24160130, VAT payer, recorded in the Register of Companies maintained by the Municipal Court in Prague, File C, Insert 184201 (hereinafter the “Provider” or “we”).
II. CHANGES TO THE Terms
These Terms may be altered by the Provider. You will find the printable version of the up-to-date Terms here
III. DESCRIPTION OF THE SERVICE
The paid portion of the Service is only accessible following the user’s registration. Only persons above the age of 18 may become users of the paid portion of the Service.
IV. PROTECTION OF INTELLECTUAL PROPERTY
The user is not allowed to alter or adjust the contents of the webpage or its parts in any way (including conversion to a different data format) or use them to create a different product, with the exception of cases when the adjustment is of a technical character and is necessary for using the contents for personal/internal use in line with these Terms.
Registered and unregistered trademarks, trading companies and other names used in providing a service that is part of the Report are the property of the Provider or its contractual partners and may not be further reproduced or imitated in any way.
The user undertakes not to attempt to remove, alter or avoid the technical protection of the application.
The user undertakes not to attempt to gain access to the Reports in a different way than in accordance with these Terms.
The user acknowledges that any behaviour violating the above prohibitions is a violation of the respective legal regulations and may also result in the Provider immediately terminating access to the Service (the Provider’s withdrawal).
V. REGISTRATION AND PROTECTION OF PERSONAL DATA
Before using the Service, the user must register. Upon registration, the user must insert true and complete data in all of the required cases; the same applies to the optional data, if the user decides to fill it out. After registration, a user account is created for the user. In case any of the inserted data changes, the user undertakes to record this change immediately in their user account. The above also applies when paying for the use of the service. Access to the user account is through an e-mail address and password. The user must keep this access data confidential and secret and must not enable other persons to use his/her user account. The user acknowledges that the Provider does not bear responsibility for any consequences of a breach of this obligation. In the case of users who are corporate entities, the obligations stated in this paragraph relate to the corporate entity, which must internally ensure that the user account is only used by the specific persons internally authorised to use the user account.
The user has the right to close their account at anytime. The Provider has the right to close the user’s account if the user violates the Terms of providing the Service or if the user does not use the Service for a period of time longer than 12 months.
By registering, the user – a natural person – gives their consent for their personal data, inserted during registration and payment, to be processed, especially with this data being maintained in the database of registered users and being used for the purposes of an offer or for providing the Service or for a related purpose, including its use:
- a. when making payments through the GP webpay system based on the 3-D Secure standard operated by Global Payments Europe, s.r.o., corporate ID 27088936, using the services of Komerční banka a.s., corporate ID 45317054;
- b. for sending commercial information, in particular information related to the Provider’s services or enterprise.
The Provider undertakes to use this personal data strictly for the purposes stated in this document and guarantees its protection from being given over to third parties, with the exception of entities participating in the provision of the service or in the payment transactions. The list of these entities can be found under Article X Final Provisions. The Provider undertakes to use this data only in the necessary extent, to which these entities need to have access to the personal data in order for the Service and the payments to work correctly. The user’s personal data will be kept in the database as long as the user’s account exists, and subsequently for a period of time necessary for the execution of the rights and liabilities resulting from the contractual relationship on providing the Service and of the obligations stipulated by law. The user agrees for the Provider to use third parties for processing the personal data with the purpose of providing the Service and carrying out payments for the services.
The user acknowledges and agrees with the Provider’s obligation to maintain records of the payment transactions carried out, specifically the transaction sum, the type of service, the date of the transaction, the order number and the user’s IP address for a period of 2 years from the transaction, and to provide copies of these to the bank processing the payment transactions upon the bank’s request. After the end of this period, the Provider must destroy this data.
VI. CONCLUDING A CONTRACT ON THE PROVISION OF THE SERVICE, TECHNICAL CONDITIONS OF THE SERVICE
The contract on the provision of a specific service related to the selected Report (hereinafter the “Contract on the Provision of the Service”) will be concluded after the user’s registration at the moment the order for the specific Report is sent, which is confirmed by clicking on the confirm button at the payment portal. The contract is concluded in Czech. Before the order is sent, the user has the possibility to check that all the data inserted in the order is correct, and make any needed corrections or adjustments. The user will immediately receive an automatic confirmation that the order has been received from the Service server to the user’s e-mail address based on the registration data from the user account, or to a different e-mail address stated in the order.
Once the fee for the service has been paid, the Provider will enable the user to download the Report directly from the client account and also from the user’s e-mail address provided in the registration, to which the Report generated based on the user’s order will be sent in pdf format within 30 minutes of the payment at the latest.
The user acknowledges that the Provider is entitled to refuse to provide the service to a person who has previously violated the conditions of providing the service or who has previously violated the intellectual property rights, or if there is reasonable suspicion that the user has done so (for example based on the IP address). The Provider is entitled to close or temporarily block the user’s account in such cases.
The user agrees with the use of long-distance communicational means when concluding the Contract on the Provision of the Service, when payments for the services are made or when the given service is provided. The user bears the costs of the long-distance communicational means used in connection with concluding the contract and using the services.
It is necessary that the user has the following hardware and software equipment in order to be able to use the service: a regular PC with Microsoft Windows (XP or newer), Linux or Mac OS X, or other compatible devices.
The user is aware that the Provider does not provide the technical and software equipment for the user (this also applies to an internet connection), and that the user bears all the related costs. The user also acknowledges that the quality of the service (in particular the speed and the quality of the download) may, to a large extent, depend on the user’s technical equipment and the user’s internet connection.
VII. THE FEE AND THE PAYMENT CONDITIONS
The Service is provided for a charge. The fee for the service is stated including VAT. The Provider may change the fee; the currently valid fees are stated next to the individual reports. The fee stated by the Provider at the moment the order is sent is the fee that is valid for the user.
The fee for the service is due before the user gains access to the ordered Report, and will be paid online using Visa, MasterCard, Visa Electron, Maestro credit cards; the service is provided by Komerční banka a. s. through the “GP webpay” payment system operated by Global Payments Europe, s.r.o. with its registered office at V Olšinách 80/626, 100 00, Prague 10, Czech Republic, corporate ID: 27088936. You will find the detailed instructions for making the payment in the “payment portal” section. The payment conditions are part of these Terms and are binding for the user.
The Provider undertakes to issue the user with a tax document of the fee paid, upon the user’s request. The user agrees for the tax documents to be sent electronically, provided that the credibility of the document is guaranteed, as well as the impossibility to change its contents (this usually means a .pdf format).
VIII. SERVICE OFFER AND AVAILABILITY
The Provider decides what type of Reports will be offered within the Service offer and what the fee for the Service will be. The user is not entitled to any claims arising from a narrowed offer of the Reports or from a change in the fees for the Service. In particular, the user takes into account the possible temporary unavailability of a given Report or of the whole Service due to regular maintenance of the hardware and software equipment or due to repairing technical problems that are beyond the Provider’s control. The provider has the right to decide to terminate the operation of the service at anytime.
It is the Provider’s priority interest to maintain the full functionality of the webpage on which the Service is operated, to perfect and extend its functions and to create a user-friendly environment. However, the Provider is not responsible for any defects of the Service ordered by the user that resulted from the intervention of another entity into the webpage of the Service or into the user account as a result of using the Service or the user account without respecting these Terms and their designation. In the case of functionality defects of the user’s data network, the public data network, or the user’s hardware or software equipment, the Provider is not responsible for any indirect damage caused, such as the loss of the user’s data, etc. The Provider’s Helpdesk/Hotline is available at email@example.com.
IX. CLAIMS POLICY
Complaints about the provided services, in particular the provision of a Report not corresponding with the order, delayed provision of a Report, defects in a Report preventing the user from being able to use it, failure to provide or the incorrect provision of the relevant tax document, etc, must be reported to the Provider without delay by e-mail at firstname.lastname@example.org or by telephone at 246 042 555.
The Provider undertakes to settle the complaint without unnecessary delay within 30 days of receiving the complaint at the latest. Unless the user states another claim as part of the complaint, the Provider undertakes to resolve the acknowledged defects by providing a flawless Report or a corrected tax document that corresponds with the user’s order, while adhering to the Terms. If this is not possible or if the user requests this as part of the complaint, and if the Provider deems the complaint justified, the Provider will refund the paid fee for the provision of the service by transferring the money to the user’s account.
X. FINAL PROVISIONS
By agreeing with these Terms, the user grants their express approval with the Report being delivered before the deadline for withdrawing from the contract and is aware that in such a case, there is no entitlement for the user to withdraw from the contract. The right to withdraw from the contract granted to both parties by the effective legal regulations in other cases (such as a complaint) is not affected.
These Terms and all the contracts on the provision of the Service concluded in accordance with them are governed by the Czech legal regulations (with the exception of the choice of law), in particular by the Civil Code. This also applies to the contractual relationships with a foreign element. Czech courts will have exclusive authority over legal disputes that were initiated in connection with the Contract on the Provision of the Service.
The Contract on the Provision of the Service shall be governed by the wording of the Terms effective at the date of its conclusion, in accordance with Article VI.
The entities participating in the provision of the Service and in the payment transactions:
- Smartdata, s.r.o., corporate ID 27134741 (development of the application)
- Infinity a.s., corporate ID 242 67 945 (application administration and server web)
- Komerční banka a.s., corporate ID 45317054 (banking services of the payment module)
- Global Payments Europe s.r.o., corporate ID 27088936 (GP webpay service)
- Deloitte Advisory s.r.o., corporate ID 27582167 (advisory services)
In Prague on 1 July 2014
Spolecnost pro Cenove mapy CR s.r.o., owner and operator of the webpage www.cenovamapa.org