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GENERAL BUSINESS TERMS & CONDITIONS
1. GENERAL PROVISIONS
1.1 RIVIERA BRANDS, s. r. o., having its registered office at Devínska cesta 2, 841 04 Bratislava, Slovak Republic, company reg. No.: 35 962 976, registered in the Register of Companies maintained by the District Court Bratislava I, section: Sro, file No. 38178/B (hereinafter referred to only as the “Operator”), is the operator of the Internet Portal www.horecaadvert.com (hereinafter referred to only as the “Internet Portal”) and provider of services related to processing of computer data, so-called “On-line Services”, “Advertising Services” and “Promotion Activity” (hereinafter referred to only as the “Services”) provided on the Internet Portal.
1.2 None of the activity of the Operator constitutes mediation either of employment for remuneration or education and preparation for the labour market pursuant to the Act No. 5/2004 Coll. on Employment Services.
1.3 The Operator issues these General Business Terms and Conditions (hereinafter referred to only as the “GTC”) stipulating rights and obligations of the Operator and third parties in provision and usage of Services of the Operator by means of the above specified Internet Portal. These GTC form an inseparable part of every contract concluded between the Operator and the Client, and are binding for all users of Operator’s Services.
1.4 Definitions of terms for the purpose of these GTC and establishment, change and termination of contractual relationships between the Operator and the Client:
1.4.1 Internet Portal is the web Portal www.horecaadvert.com, i.e. complex website including the main Internet site and Internet subpages, with the option to create a user account for the purpose of using the provided Services in compliance with a voluntary consent of the User of the Internet Portal with these GTC issued by the Operator.
1.4.2 Internet Portal Focus: Provision of online Services for professionals doing business, working or educating in the HoReCa segment (field of hotel services, catering services and auxiliary hotel services, hereinafter referred to only as the “HoReCa”) and for professional suppliers in the HoReCa segment.
1.4.3 Registration means the establishment of a legal relationship between the Operator and the User by means of registered electronic (“ONLINE”) account of the Client on the Internet Portal under the Client’s own access name (email) and protected by the Client’s own password on the grounds of Client’s voluntary agreement with these GTC issued by the Operator for the purpose of active usage of the Internet Portal by the Client.
1.4.4 Cancellation of registration means the termination of legal relationship between the Operator and the User by means of cancellation of the electronic (“ONLINE”) account of the Client registered by the Client on the Internet Portal, whereas the Client loses the authorisation to use such account.
1.4.5 User means a natural person or legal entity who plans to use or uses services on the Internet Portal (hereinafter referred to only as the “User”). The User means V.I.P. Client (Internal User), Premium Client (Internal User), Client (Internal User) or Host (External User).
1.4.6 Client means the V.I.P. Client (Internal User), Premium Client (Internal User) or Client (Internal User).
1.4.7 V.I.P. Client (Internal User and hereinafter referred to only as the “V.I.P. Client”) means a natural person or legal entity who plans to actively use or uses services provided by the Operator of the Internet Portal, is properly registered on this Internet Portal, and expressed by its registration its voluntary consent with these GTC issued by the Operator. Such person is furthermore entitled to make use of benefits provided by the Operator on the grounds of separate written contracts, amendments to contracts or agreements between the Operator and itself.
1.4.8 Premium Client (Internal User and hereinafter referred to only as the “Premium Client”) means a natural person-entrepreneur or legal entity who plans to actively use or uses services provided by the Operator of the Internet Portal, is properly registered on this Internet Portal, expressed by its registration its voluntary consent with these GTC issued by the Operator and accepted an offer to extend its membership registration to an annual “PREMIUM MEMBERSHIP” by means of the Internet Portal, with the associated (“all-inclusive”) benefits, which he/she/it has duly confirmed by payment based on a duly issued electronic invoice.
1.4.9 Client (Internal User and hereinafter referred to only as the “Client”) is a natural person or legal entity who plans to actively use or uses services provided by the Operator of the Internet Portal, is properly registered on this internet Portal, and expressed by its registration its voluntary consent with these GTC issued by the Operator.
1.4.10 Host (External User and hereinafter referred to only as the “Host”) is a natural person or legal entity who uses the Internet Portal passively (browsing the content of the Internet Portal) or plans to use services provided by the Operator of the Internet Portal, is not properly registered on the Internet Portal, did not express consent with these GTC issued by the Operator of the Internet Portal and therefore is not entitled to actively use Services provided by the Operator on this Internet Portal.
1.4.11 Advertisement is an offer/request published by the Client in selected advertising categories on the Internet Portal.
1.4.12 Services represent the portfolio of services provided by the Operator to V.I.P. Clients, Premium Clients or Clients by means of the Internet Portal.
1.4.13 Special services: publishing the company logo of the client on the main site and subpages, events, advertisement banners, advertisement information and other special electronic services in the field of promotion and/or advertisement in line with the valid Pricelist of Services, or free of charge based on specific agreements.
1.4.14 Pricelist of Services is a list of prices of individual Services provided by the Operator on the Internet Portal.
2. DATA PROCESSING AND PERSONAL DATA PROTECTION
2.1 PUBLICATION. The content of the Advertisement, scope of provided information and time of publication of the Advertisement are determined by the Client. Publication of the Advertisement on the Internet Portal is made by the Client. The Client acknowledges and agrees that data provided by him personally when publishing the Advertisement (published and disclosed in the advertisement) including personal data can be made available to third parties in relation to the usage of Services of the Internet Portal.
2.2 The Advertisement shall not contain data specified in par. (3.9.2) of these GTC.
2.3 The Operator assesses the content of Advertisement and whether the Advertisement contains data specified in par. (3.9.2) of these V.O.P according to its own consideration especially taking into account these GTC, applicable law, good manners and business customs.
2.4 If the Operator decides in line with par. (2.5) of these GTC that the content of Advertisement is in breach of provision (2.4) of these GTC, the Operator shall be entitled to remove the Advertisement from the Internet Portal at its own discretion.
2.5 The User (a data subject pursuant to the GDPR) voluntarily provides to the Operator in a demonstrable manner personal data in compliance with the Regulation (EU) No. 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (designated as „GDPR“ for the purposes of these GTC) and Act No. 18/2018 Coll. on Personal Data Protection and Amending Certain Acts. The Operator shall be considered a controller pursuant to Art. 4, par. 7 GDPR.
2.6 CATEGORIES OF DATA – LEGAL ENTITIES. In relation to the provision of Services to a Client who is a legal entity, the Operator processes especially the following data:
2.6.1 INFORMATION DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT, which is provided by the Client for the purpose of publishing requests or offers in selected advertisement categories on the Internet Portal: business name and legal form, registered office, first name, surname and position/status of a contact person, telephone and fax number, email and website address, any other data stated by the Client in its Advertisement and
2.6.2 INFORMATION NOT DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT and NOT PROVIDED TO THIRD PARTIES BY THE OPERATOR, which the Client provided to the Operator for the purposes of registration, communication and invoicing: company registration number, tax identification number, VAT identification number.
2.7 CATEGORIES OF DATA – NATURAL PERSONS. In relation to the use of contact forms on the Internet Portal, the operator collects and processes personal data of the User to the extent of the User’s first name, surname, telephone number and email address. In relation to the provision of Services to a Client who is a natural person, the Operator collects and processes the following personal data:
2.7.1 INFORMATION DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT, which is provided by the Client for the purpose of publishing requests or offers in selected advertisement categories on the Internet Portal: first name, surname, business name, registered office, telephone and fax number, email and website address, any other data stated by the Client in its Advertisement and
2.7.2 INFORMATION NOT DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT and NOT PROVIDED TO THIRD PARTIES BY THE OPERATOR, which the Client provided to the Operator for the purposes of registration, communication and invoicing: registration number, tax identification number, VAT identification number.
2.8 PURPOSE. The Operator processes provided personal data mainly for the purposes of performance of contracts concluded between the Operator and the Client based on these GTC, proper provision and usage of Services on the Internet Portal and enforcement of the Operator’s claims against Clients. If the Client has purchased from the Operator a service and has not simultaneously refused to be contacted for the purposes of direct marketing, the Operator shall be entitled to approach the Client by email or by phone with further offers, for the duration of 5 years as of the last purchase of services or until receipt of the Client’s request not to be contacted, whichever occurs first. The purpose of processing of personal data of Users that have solely used the contact form on the Internet Portal shall be solely to return contact of the User and answer the User’s query.
2.9 The Operator does not require and does not process special categories of personal data pursuant to Art. 9 GDPR, or data relating to criminal convictions or offences pursuant to Art. 10 GDPR. The Client shall be prohibited from stating such data, as well as any unique personal identifiers (Birth No., Social Security Number etc.) in its Advertisement(s).
2.10 LEGALITY. The legal basis for personal data processing in accordance with these GTC is the necessity for the performance of contracts concluded with the Client and negotiation of such contracts to which a User as the data subject is to be a party, as well as legitimate interest of the Operator. Specific consent of data subjects may also form the legal basis for personal data processing.
2.11 NECESSITY AND LEGITIMATE INTERESTS. The operator shall process personal data absent the User’s consent, insofar such processing is necessary to the fulfilment of a contract to which the user is a party, or necessary in negotiation of such contracts with the User or modification thereof, if requested by the User; collection and processing of such data is necessary to achieve the stated purpose and the Operator shall be legally entitled to processing thereof. The Operator shall further process personal data of the User without his/her consent and based on legitimate interests of the Operator for the purposes of (i) enforcement of claims against Clients, whereas processing of such data is necessary to achieve the stated purpose and the Operator shall be legally entitled to processing thereof, (ii) direct marketing (without any legal entitlement of the Operator), and (iii) return contact of a User who has used the contact form on the Internet Portal. Legitimate interests of the Operator may mainly be the interest to enforce the Operator’s claims, the interest to issue further offers of Services by means of direct marketing, and the interest to answer any queries of respective Users.
2.12 Any User who is a natural person declares, when providing his/her personal data, that all provided data are correct and true. A User who provided data shall be liable for any incorrectness of such provided data, whereas the User shall be required to notify the Operator of any changes to his/her personal data submitted to the Operator.
2.13 The scope of processed personal data is specified in pars. (2.1) and (2.2) of these GTC above. If the User is not the natural person whose data are to be processed (data subject), he/she/it shall be required to ensure its legal entitlement to provide such data to the Operator prior to submission of such data.
2.14 Personal data of Clients, as detailed in pars. (2.6.1) and (2.7.1) of these GTC, shall be made available for other Users of the Internet Portal including Guests (external Users). Clients acknowledge and agree with the access of third parties to Clients’ personal data under these conditions.
2.15 The User of the Internet Portal acknowledges and agrees that personal data provided by him/her/it personally (and published in Advertisements) may be disclosed in relation to usage of the Internet Portal to Users of the Internet Portal as recipients – third parties pursuant to the GDPR. Publication of personal data will be performed on the Internet Portal in the form of advertisement or promotion.
2.16 RETENTION. The Operator shall process personal data provided by the Client at the very least for the duration of use of Services of the Internet Portal, but no later than 5 years as of the last purchase of Services by the Client. With respect to the use of contact forms on the Internet Portal, the Operator shall process the User’s personal data only for the time necessary to respond to the User’s query. Personal data will be erased upon lapse of the relevant purpose of processing. Personal data will be processed solely for statistical purposes after the lapse of the relevant purpose of processing, whereas such personal data will be made anonymous and any parts thereof capable of identification of data subjects will be destroyed immediately upon becoming unnecessary.
2.17 DATA TRANSFERS. Personal data of data subjects may be transferred to third parties and authorities to the extent necessary, if required for the performance of contracts concluded between the data subject and the Operator or required by law; such data may likewise be transferred particularly to processors acting on behalf of the Operator, especially but not limited to sales agents, technical, professional and bookkeeping advisors, all of which shall be subject to conditions of data processing equivalent to those under these GTC Personal data will not be transferred to third countries (i.e. outside the European Union).
2.18 RIGHTS OF DATA SUBJECTS. The User shall have, as a data subject, the following rights with respect to the protection of his/her personal data; the same rights shall belong to any other data subject not being a User:
2.18.1 The User has the right to request from the Operator by means of a written request:
18.104.22.168 confirmation whether personal data about the User is or is not processed, access to his/her personal data and related information, as well as rectification of such data without undue delay,
22.214.171.124 to receive personal data concerning him/her, which he/she has provided to the Operator, in a structured, commonly used and machine-readable format, to transmit those data to another controller, provided that this is technically feasible and lawful under specific regulations,
126.96.36.199 restriction of processing of his/her personal data, especially if the accuracy of such data is contested, or if processing thereof is unlawful and the User has requested restriction of processing,
188.8.131.52 erasure of his/her personal data, especially if the purpose of processing thereof has elapsed or if such data has been unlawfully processed, if erasure is required to fulfil specific legal obligations, provided that the Operator does not have a compelling legitimate interest to retain such data and the data is not processed based on the User’s consent,
184.108.40.206 to object to processing on grounds relating to his/her particular situation at any time, whereas the Operator shall be prohibited to process such data upon receipt of an objection unless it demonstrates a compelling legitimate interest to retain such data,
220.127.116.11 withdrawal of his/her consent at any time by the same means as the means by which consent was granted, if data is processed based on his/her consent; the user shall be entitled to withdraw his/her consent at any time especially by means of a written request sent by email to the Operator’s email:email@example.com
18.104.22.168 to object to processing for the purposes of direct marketing, at any time and without the need to state a reason, whereas the Operator shall be prohibited to process such data upon receipt of this objection.
2.18.2 Requests of the User under par. (2.18.1) shall be handled by the Operator free of charge. Requests of the User shall be handled by the Operator in writing without undue delay, in all cases within 30 days from the date of delivery of the relevant request.
2.18.3 Should the User have suspicions that his/her personal data is processed in an unauthorised or unlawful manner, the User can lodge a motion to the relevant supervisory authority, especially the Office for Personal Data Protection of the Slovak Republic, in order to start proceedings concerning personal data protection and investigation of personal data processing.
2.18.4 If the User is does not have full legal capacity, his/her rights can be exercised by his/her legal representative. If the User is deceased, his/her rights s/he had under these GTC and the GDPR or Act No. 18/2018 Coll. on Personal Data Protection, can be exercised by a family member.
2.19 The Operator, its authorised persons and other natural persons are obliged to maintain confidentiality about personal data under the GDPR and Act No. 18/2018 Coll. on Personal Data Protection. This obligation of confidentiality shall not apply if it is necessary for the performance of tasks of courts and law enforcement authorities under special regulation, if it is necessary in relation to maintain compliance with the law, or within possible law suits or administrative proceedings held with or against the Operator; in the interest of protection of rights of the Operator or possible operators of mutually technically interconnected portals; or under the given circumstance to protect the personal safety of Users of Operator’s Services provided on the Internet Portal or in direct relationship to it, or of third parties.
2.20 The User acknowledges that collection of personal data by the Operator and the publication thereof based on these GTC on the Internet Portal is processed automatically to the full extent; The Operator of the Internet Portal does not bear any legal liability whatsoever for possible abuse of personal data published, provided or disclosed to third parties of other recipients in relation to the use of Services of this Internet Portal by third parties.
2.21 AUTOMATED DECISION-MAKING. The Operator declares that it shall not take any decisions substantial or important to the User in an automated manner based on personal data provided. Such personal data will likewise not be subjected to profiling for the purposes of automated decision-making.
2.22 By means of use of the Internet Portal, the User, in compliance with the Directive 2002/58/EC of the European Parliament and of the Council concerning the privacy and electronic communications and Section 55 of the Act No. 351/2011 on Electronic Communications, acknowledges and agrees that the Operator uses “cookies” files (hereinafter referred to only as “cookies”) for the purposes of analysing the efficiency of creation and operation of the Internet Portal, provision of Services, in verification of identity of Users on the Internet Portal and to simplify the provision of Services to Users, which are saved in the electronic device of the User. The User can process cookie files, among other things also disable their saving in his/her device. The User acknowledges that by disabling cookies the functionality of the Internet Portal and/or Services can be reduced and/or rendered impossible. What cookies are is explained below.
2.23 DATA PROTECTION OFFICER. The Operator declares that it has not appointed a data protection officer pursuant to Art. 37 GDPR.
With the aim to assure proper functioning of the Internet Portal, the Operator sometimes creates small data files, so-called cookies, on the device of the User. This is a common practice of majority of larger web localities.
What are cookies?
A cookie file is small text file saved by the Internet Portal in a technical device (such as computer, tablet, mobile phone etc., hereinafter referred to only as the “Technical Device”) of the User during browsing of the Internet Portal. Thanks to this file, the Internet Portal saves for a certain period of time information about steps and preferences of the User (such as login name, font size and other display settings), and so the User does not have to enter them again at the next visit or browsing of the Internet Portal. The Operator monitors the effectiveness of the Internet Portal by means of cookies. In general, cookies do not contain any information serving for identification of individual persons, but instead serve and are used for identification of the internet browser installed in a particular technical device. Cookies can be temporary or permanent, which remain in the technical device of the Client also after the internet browser is closed for a period of time specified in cookies. These permanent cookies can be checked upon each visit to the Internet Portal. Information collected by the means of the Internet Portal include: particular type of internet browser, internet address from which the Client connected to the Internet Portal, operating system of Technical Device and IP address. In order to display more relevant advertisements, some cookies are determined by the advertisement system of third parties, such as Google Adsense. This can be switched off in the Google account. A Technical Device can be set to disable cookies, although in such cases some functions of the Internet Portal may not be available.
How are cookies used by the Internet Portal?
How to check cookies
Cookies can be checked or deleted by the User at his/her discretion. The User can delete all cookies saved in his/her computer and the majority of browsers can be set to disable their saving. However, in such cases it will probably be necessary to manually adjust some settings upon each visit to the Internet Portal and functionality may be reduced.
How to deny the usage of cookies
Usage of cookies can be set by means of the internet browser. The majority of browsers automatically receive cookies already as the default setting.
3. ESTABLISHMENT, CHANGE AND TERMINATION OF LEGAL RELATIONSHIPS
3.1 The legal relationship between the Operator and the User is established upon the moment of Registration of the User. The User provides the following data to the Operator upon Registration (NOT DISCLOSED TO THIRD PARTIES)
3.1.1 BUSINESS NAME OF THE COMPANY / BUSINESS NAME OR USER’S FIRST NAME AND SURNAME
3.1.2 ADDRESS OF REGISTERED SEAT OF THE COMPANY OR ENTREPRENEUR / BILLING ADDRESS: street, number, zip code, city/municipality, country
3.1.3 COMPANY / CLIENT IDENTIFICATION DATA: CRN, Tax ID, VAT ID
3.1.4 CONTACT DATA: Title, first name and surname of the contact person (executive body/company representative/User) tel., fax, email
3.2 The User gives the Operator consent with personal data processing by making the registration.
3.3 The legal relationship between the Operator and the User terminates upon the moment of cancellation of Registration by the User.
3.4 A contractual relationship between the Operator and the Client, the subject of which is the obligation of the Provider to provide Services to the Client and the obligation of the Client to pay for provided Services, is established by the conclusion of a contract. Proposals to conclude a contract are sent by the Client to the Operator by means of the Client’s account on the Internet Portal. The Client provides the following data to the Operator when sending a proposal to conclude a contract:
3.4.1 BUSINESS NAME OF THE COMPANY / BUSINESS NAME OR USER’S FIRST NAME AND SURNAME
3.4.2 ADDRESS OF REGISTERED SEAT OF THE COMPANY OR ENTREPRENEUR / BILLING ADDRESS: street, number, zip code, city/municipality, country
3.4.3 COMPANY / CLIENT IDENTIFICATION DATA: CRN, Tax ID, VAT ID
3.4.4 CONTACT DATA: Title, first name and surname of the contact person (executive body/company representative/Client) tel., fax, email
3.4.5 Type of Service which will be subject to contract.
3.5 The contract is concluded at the moment of acceptance of the Client’s proposal by the Operator. The acceptance of proposals to conclude a contract shall be also such action of the Operator, from which its consent can be derived, especially, but not solely, the provision of Services. The Operator will notify the Client about the acceptance of the Client’s proposal by a message delivered to the account of the Client on the Internet Portal.
3.6 A concluded contract can be changed by an agreement of the contracting parties.
3.7 A concluded contract is considered terminated by an agreement of the contracting parties about termination of the contractual relationship, by withdrawal by the Operator or on other legally constituted grounds.
3.8 In case of contracts concluded for an indefinite period of time, each contracting party shall be entitled to terminate the contract without the requirement to state reasons, upon the lapse of a three-month notice period, which shall start to run on the first day of the month following the month in which the termination notice was delivered to the other party.
3.9 The Operator shall be entitled to withdraw from the contract especially in the following cases:
3.9.1 the Client is in delay with the payment for Services for more than 30 days from the due date of the price for the Service,
3.9.2 the Client uses Services and the Internet Portal to publish, present and advertise:
22.214.171.124 content in conflict with good manners, law or raising offence to the public, including profanity, pornographic or erotic content, discriminatory or defamatory content,
126.96.36.199 untrue, false, misleading content or content that can mislead other Users,
188.8.131.52 content that can harm or reduce the reputation and good standing of the Operator, User or a third party or content that can interfere with the right to personality protection of the User or a third party,
184.108.40.206 content for purposes other than for which the Internet Portal is intended.
3.9.3 the Client publishes content and data on the Internet Portal that are abused for purposes other than for which such content and data are intended,
3.9.4 if Services or the Internet Portal are abused by the Client for purposes other than for which the Internet Portal is intended,
3.9.5 if Services or the Internet Portal are used in a way that can harm, reduce or deteriorate the standard, quality or reputation of Services or the Internet Portal.
3.10 In case the Operator is entitled to withdraw from the contract, the Operator shall be at the same time entitled to either not place Client’s content on the Internet Portal or to remove already published Client’s content from the Internet Portal at its own discretion.
SPECIAL PROVISIONS IN RELATION TO CONSUMER CLIENTS
3.11 The Operator does not provide its Services to natural persons without an entrepreneurial license (consumers). The Client, by agreement with these GTC, represents that he/she/it cannot be deemed to be consumer under the applicable law of the Slovak Republic and that s/he uses Services solely in relation to the performance of his/her business activity.
3.12 If the representation of the Client made in par. (3.11) above proves false, or if such change occurs during the provision of Services that would enable to qualify the Client as a consumer, the contractual relationship between the Operator and the Client shall be terminated and the Operator shall be entitled to immediately end the provision of Services, which is for the purposes of these GTC considered to be a case when the Operator is entitled to withdraw from the contract concluded between it and the Client. The Provider shall not be liable for any damage caused to the Client, directly or indirectly, in relation to the interruption of provision of Services and access to the Internet Portal in cases specified under par. (3.11).
3.13 Unless stipulated otherwise in these GTC, all notices, statements, requests, claims and other acts in relation to these GTC, contracts arising under these GTC and their performance (hereinafter referred to as a “Document”) shall be made in written form and shall be delivered to the Operator’s official address (if delivered to the Operator) or to the address specified by the Client in registration (if delivered to a Client) or in compliance with provisions about delivery of electronic mail messages stipulated below. The written form of a Document is also considered fulfilled if the digital or electronic document is delivered in a generally accepted format such as .pdf and/or .doc.
A Document shall be deemed delivered under the following conditions:
• in case of personal delivery by handing over the Document to the person authorised to receive documents on behalf of the respective party (for avoidance of doubt, such a person shall mean member of executive body of the respective party or its authorised representative) and signature of such a person on the delivery slip or copy of the delivered Document, or by refusal to receive the Document by such a person;
• in case of delivery by means of an authorized delivery agent, by delivery to the address of the receiving party and in case of registered shipment, by handing the Document over to the person authorised to receive documents on behalf of such a party and signature of such a person on the delivery slip;
• in case of delivery by electronic mail, a Document shall be deemed delivered if it was demonstrably sent from any email address/email addresses of the Client specified in registration to the email address/email addresses of the Operator [TO BE INSERTED] or vice versa.
4. LIABILITY FOR DAMAGE
4.1 The User acknowledges that acceptance of an Advertisement by the Operator and the publication thereof under these GTC on the Internet Portal, as well as publication of any other information by the User on the Internet Portal is processed in a fully automated manner, and the Operator does not and is not able to supervise the content of all Advertisements and other information published; Liability for the content of published Advertisements and other information shall rest solely with the User giving instruction to publish such Advertisements or information by means of the Internet Portal.
4.2 Should the content of any Advertisement published by a Client breach these GTC, other rules of use of the Internet Portal published by the operator, or other common legal, ethical and/or moral standards, the operator shall be entitled to block and/or erase such an Advertisement, without prior or subsequent notice to the Client.
4.3 The Operator of the Internet Portal does not bear any liability for the content of Services provided (published) on the Internet Portal, for the graphic aspect (photographs, graphics, logos) and other results of creative intellectual activity, their grammatical correctness or truth, veracity and current nature of the published content of Advertisements, including inserted texts and annexes. The Operator of the Internet Portal does not bear any liability for truth, veracity and current nature of data on the Internet Portal.
4.4 The Operator of the Internet Portal does not bear any liability for infringement of any rights of third parties and for any damage caused by usage of Services published by means of the Internet Portal.
4.5 The Operator of the Internet Portal does not bear any liability for activity of Users of the Internet Portal or for the way by which Users use the Internet Portal.
4.6 The Operator of the Internet Portal does not bear any liability for possible abuse of the Internet Portal by Users or third parties.
4.7 The Operator of the Internet Portal does not bear any liability for any damage that Users of the Internet Portal or third parties incur, directly, indirectly or accidentally due to or in relation to the use of the Internet Portal, including lost profit or loss of any data.
4.8 The Operator of the Internet Portal does not bear any liability for any damage that Users of the Internet Portal or third parties incur due to the impossibility to use all services of the Internet Portal, in direct or indirect relation to such impossibility.
4.9 The Operator of the Internet Portal does not bear any liability for interruption of the continuous operation of the Internet Portal due to objective technical reasons, for infringement of technical security or continuous operation of the Internet Portal by Users or third parties.
4.10 The Operator of the Internet Portal does not bear any liability for any abuse of login data of the User of the Internet Portal (name and password) or personal data by unauthorised person or by third parties and also does not bear any legal liability for any consequent damage and possible claims of third parties caused in consequence of such abuse of login data.
4.11 The User shall protect the data to which s/he has access on the Internet Portal from any abuse, publication or disclosure to a third party. In case of breach of this obligation, the User shall be liable for all damage caused by the breach of such obligation. In case any third party makes any claims to the Operator with regard to the breach of User’s obligations, the User shall satisfy such claims of third parties and compensate the Operator for any damage incurred by the Operator due to such claims of third parties.
4.12 The Operator of the Internet Portal does not bear any legal liability for the content of relationships, rights and obligations created between Users or between Users and third parties.
5.1 The price for Services is stipulated according to the valid pricelist published on the Internet Portal HERE.
5.2 The Client shall pay the price for any Services simultaneously with the conclusion of the relevant contract (i.e. simultaneously with ordering Services related to publication of Advertisements and/or purchase of „PREMIUM MEMBERSHIP“ on the Internet Portal, by means of PayPal® or a credit card payment), unless stipulated otherwise.
5.3 In case the Client gets into delay with payment of the relevant price, the Operator shall be entitled to interest on arrears in the amount of 0.05% for each day of delay. At the same time, the Operator shall have the right to suspend any further provision of Services.
6.1 The Client shall have the right to make a complaint of defect to the Operator in case of any defect of provided Services.
6.2 A defect of Services shall mean the non-functionality of Service for more than 72 hours. A defect of Services shall not mean the unavailability of Services due to the lack of functionality of the internet connection of the Client or due to other circumstances for which the Operator is not liable.
6.3 The Operator is to be notified of any defect of Services by means of a complaint within 3 days from the day the Client discovered or could have discovered the defect at the latest.
6.4 The Client shall be entitled to make the complaint in writing by delivery of a written notice to the Operator to the address of the registered office of the Operator, by email to the address of the Operator: firstname.lastname@example.org or by means of the Client’s account on the Internet Portal.
6.5 The Operator shall handle the complaint within 30 days from the date the Client made it. In case the defect can be removed, the Operator shall remove the defect. If the removal of the defect is not possible, but the defect does not prevent the use of the Services, the contracting parties can agree on a reasonable discount from the price of the Services. If the defect cannot be removed and prevents proper use of the Services, the Client shall have the right to withdraw from the respective contract.
7. FINAL PROVISIONS
7.1 Legal relationships between Users and the Operator arising from the provision of Services shall be governed by applicable law of the Slovak Republic.
7.2 Derogatory and/or supplementary provisions in the contract shall prevail over these GTC.
7.3 The Operator reserves the right to change, supplement or amend these GTC The Operator will publish new wording of these GTC on the Internet Portal.
7.4 The Operator and the Client shall be entitled to agree on derogatory and/or supplementary conditions, for instance for Premium Clients, at any time.
7.5 The courts of the Slovak Republic are competent to settle lawsuits according to relevant provisions about local and factual competence of courts.
7.6 These GTC shall enter into force and effect on April 1st, 2019
7.7 The Operator shall be entitled to change these GTC at any time at its own discretion, but shall at least 15 days in advance of the new wording of GTC coming into effect (hereinafter referred to only as “time until the new wording of GTC comes into effect”) notify Clients about such change, and Clients shall have the right to withdraw from contractual relationships established between the Client and the Operator by usage of the Internet Portal and governed by these GTC during the time until the new wording of GTC comes into effect. If the Client does not express his/her will to withdraw from the contractual relationship established between the Client and the Operator by the usage of the Internet Portal and governed by these GTC in writing during the time until the new wording of GTC comes into effect, it shall be deemed that the Client implicitly expressed his/her consent with the new wording of GTC and is bound by it.
7.8 The User who is not a Client expresses his/her consent with these GTC by using the Internet Portal.
7.9 Headings in these GTC serve solely for better orientation in and transparency of the text and such headings in this text therefore do not establish, cancel or change any rights and obligations and cannot be used for the interpretation of this text.
Done in BRATISLAVA, April 1st, 2019
RIVIERA BRANDS, s. r. o.
JUDr. Otto Horvát, CEO