Terms of Service for Individual Users

Mutual rights and obligations of the User and the Operator arising from the use of the Application are governed by the following terms and conditions.

  1. Definition
    1. In these terms and conditions:
      1. “Operator” is the company Salmondo CZ, sro, Company ID: 05588600, with its registered office at Tábor 2333/8, 616 00 Brno, the company is registered in the Commercial Register under file number C 96438 at the Regional Court in Brno.
      2. “Application” means a web application called Salmondo, the main functionalities of which include personal development management and career diagnostics, which is available from www.salmondo.cz .
      3. “GTC” means these General Terms and Conditions of the Salmondo Service.
      4. “Civil Code” means Act No. 89/2012 Coll., The Civil Code, as amended.
      5. “Contract” means the contract concluded between the User and the Provider, whose subject matter is the provision of a License to use the Application to the User under the conditions specified in these GTC.
      6. “License” means a non-exclusive license to use the Application under the terms of these GTC.
      7. “License” means a license granted to a third party under the terms of these GTC. “User” means any natural person who is a Czech citizen older than 13 years.
      8. “User Account” means the non-public part of the Application that is accessible to the User after entering the Login Information.
      9. “Parties” means the Operator and the User as parties to the Contract.
      10. “Login Data” means a unique combination of the User's login name and password, which the User saves in the Application database when opening or setting up the User Account through the Application, or which is assigned to the User in the Application database by the Operator.
  2. Introductory provisions
    1. These GTC regulate the mutual rights and obligations of the Parties arising in connection with or based on the Contract.
    2. The provisions of these GTC are an integral part of the Contract. The Contract and the GTC are written in the Czech language. The contract can be concluded in Czech.
    3. The Operator may amend or supplement the text of the GTC in accordance with the procedure specified in Article 12.
  3. The process of concluding the Application Use Agreement
    1. The process of concluding the Application Use Agreement when registering by the User
      1. Filling in the registration form and confirming the completion with the “REGISTER” or “REGISTER THROUGH FACEBOOK” button on the “Registration” page, or by the “SEND” button on the “Account Activation” page within the Application interface is a proposal to conclude the Agreement by the User.
      2. Performing the registration or activation of the account by the Operator and their confirmation by e-mail is an unconditional acceptance of the proposal for the conclusion of the Contract by the Operator, which concludes the Contract.
      3. By entering into the Contract, the provisions of these GTC come into effect.
    2. The process of concluding the Application Use Agreement upon registration by the Operator
      1. Registration of the User may also be performed at the request of the interested party by the Operator.
      2. The request for the creation of a User Account and the provision of the necessary data by the Applicant is a proposal to conclude the Agreement by the Applicant for the User Account.
      3. The registration of the User Account and its confirmation by e-mail is the acceptance of the proposal for the conclusion of the Contract by the Operator.
      4. After registration by the Operator, the User Account is inactive and the Contract is effective only to the extent relating to the maintenance of the User Account in the database (storage of Login Data).
      5. The User Account is fully active upon the User's first login, in which the User also agrees to these GTC. If the account is not activated - user login and consent - within 1 year from the user's request, the Operator is entitled to remove the User account.
      6. The User acknowledges that the Operator is not obliged to conclude the Contract, especially with persons who have previously breached their obligations vis-à-vis the Operator.
      7. The User agrees to the use of remote means of communication when concluding the Contract. The costs incurred by the User in using the means of distance communication in connection with the conclusion of the Contract (especially the costs of internet connection) are borne by the User himself and acknowledges that the amount of these costs may depend on the conditions of internet connection used by the User.
      8. The provisions of paragraphs 2.6 and 3.2.7 shall apply mutatis mutandis to the conclusion of the Contract pursuant to paragraph 3.1.
  4. Using The Application
    1. The Operator grants the User a license to the extent and under the conditions specified in the User environment of the Application, especially specified for the given type of User Account.
    2. The User undertakes to pay the Provider for the grant of the License in the amount stated in the User environment of the Application.If no remuneration is specified for a particular use (especially for a given User Account), the License is provided free of charge.
    3. In the event that the License is awarded for remuneration, the Operator has the right to provide performance of the Contract (eg to make available a given part or functionality of the Application) only when the remuneration for the provision of the License is paid and The deadline set by the Operator, otherwise immediately, terminates the Contract from the beginning.
    4. In the case of a License provided free of charge for the trial version of the Application, the License is granted for an indefinite period of time and can be terminated by closing the User Account.
    5. If the full version of the Application is activated, the License is granted for a period of one year from the moment of activation of the full version of the User Account.
    6. The Operator may also grant the License to the full version of the Application free of charge, in which case the License period is determined individually by the Operator and the User may become acquainted with it in the User Account.
    7. The User has no right to grant a third party a License to use the Application.
    8. The Operator has the right to suspend, change and / or make the Application or its part from the relevant Internet address for any reason at any time.
    9. After the expiry of the License, the Operator is entitled to make the User Account fully and / or partially inaccessible to the User.
    10. The User has the right to use the Application under the terms of the Contract in the current version available from the respective Internet address.
    11. The User acknowledges that Internet access and a web browser are required to use the Application.
    12. When using the Application, the User undertakes to act in such a way that he or the Operator does not suffer any damage by using the Application.
    13. The User is not obliged to pay any costs for accessing and running the Application.
  5. Remuneration and payment terms
    1. The Provider's remuneration for the License is set including all taxes and fees and its amount and / or the method of calculation are set out in the Application.
    2. If the License is not provided free of charge, the User shall pay the Operator a fee for the License in one of the following ways:
      1. cashless payment / credit card via Internet interface;
      2. by bank transfer to the Operator's account specified in the order;
      3. in cash via the superCash payment channel, in particular at one of the terminals of SAZKA sázková kancelář, as;
      4. cashless via your GoPay payment service account;
      5. payment using bitcoin cryptocurrency.
    3. In the case of cashless payment, the fee is payable according to the instructions specified by the Operator in the order. If the cashless payment is made by bank transfer to the Operator's account, the User is obliged to pay the fee together with the variable symbol specified in the order.
    4. Any financial performance realized through the Application or payment gateway connected to the Application shall be deemed paid by crediting the entire relevant amount to the relevant bank account of the Operator.
  6. Withdrawal from the Contract without giving any reason
    1. Upon activation, the User expressly requests that the service be activated as soon as possible, ie that the Operator commences performance before the expiry of the two-week period for withdrawal from the Contract. According to § 1837 point. a) and l) of the Civil Code, in the case of a service consisting also in the delivery of digital content, the User shall not be entitled to withdraw from the Contract within fourteen (14) days from the date of conclusion of the Contract stipulated in Section 1829 of the Civil Code.
  7. Database
    1. The User does not have the right to use the Application to machine (especially by means of so-called software robots) to extract the database associated with the Application.
    2. The User and the Operator hereby agree that any data entered by the User into the Application database are parts of the database collected by the Operator and become part of the Operator's database without giving the User any right to the Application's database by his actions described in this paragraph.
    3. The contracting parties are aware, consistently declare and make it unquestionable that the Application meets the conditions of Section 562 (2) of the Civil Code, ie that data records in the Application and its database as an electronic system are reliable and are executed systematically and sequentially and protected against changes.
  8. Responsibility for defects
    1. The rights and obligations of the Parties regarding the Operator's liability for defects are governed by the relevant generally binding regulations, in particular the provisions of Section 1914 et seq. Of the Civil Code.
    2. The Provider is responsible to the User that he provides the Application services without defects. In particular, the Operator performs defective if:
      1. provide performance that does not have specified or agreed properties, namely, in the Application not all elements as defined in the Application description available at the conclusion of the Agreement;
      2. fails to draw attention to defects that the subject of performance (use of the Application) has, although they do not usually occur with such subject of performance;
      3. reassures the User contrary to the fact that the subject of performance has no defects or that the thing is suitable for a certain use;
      4. the third party applies rights to the subject of performance, unless the User knew or had to know (so-called legal defect).
    3. The consumer as a consumer has the right to claim:
      1. in the case of a removable defect, free repair or supplementation of what is missing and, if the defect cannot be repaired or supplemented, reasonable rebate discounts;
      2. if the defect is irremovable or repeatedly impossible to remedy, reasonable discounts on remuneration, or may withdraw from the contract.
    4. Deadline for exercising rights from defective performance:
      1. The User has the right to exercise the right from the defect that was on the subject of performance at the moment of making the Application available to the User, within 6 months from the date of such access.
    5. Claims (notification of defects) of the subject of performance:
      1. The User is obliged to claim defects by reporting defects sent from the User's e-mail address specified in the Application's web interface to the Operator's e-mail address defined in paragraph 7.
      2. In the notification of defects, the User shall state in particular what the defect is, how the defect is manifested and what rights referred to in paragraph 3 the User seeks.
    6. Settlement of complaint by the Operator:
      1. The Operator shall decide on the complaint filed by the User immediately, in complex cases within three working days. The Operator is obliged to settle the complaint filed by the User without undue delay, at the latest within 30 days from the date of filing the complaint. The Operator shall inform the Operator about the outcome of the complaint by sending an e-mail message (complaint protocol) to the User's e ‑ mail address.
      2. The Operator shall specify in the complaint report:
        1. date of claim (date of receipt of defects);
        2. reasons for complaint;
        3. the method of handling the claim requested by the User;
        4. justification of justification and method of its settlement (correction or completion of the subject of performance);
        5. justification of rejection of the claim.
  9. Other rights and obligations of the Parties
    1. Information on the conclusion of the Contract, including these GTC, are stored in the Application database and the User has access to them through the Operator's website from the address specified in paragraph 1.2;
    2. The User has the option to detect errors by checking the User Account. Data entry errors may also be corrected through the Application and, where the Application does not allow it, through technical support whose contact address is specified in the Application;
    3. The User acknowledges that the software and other components constituting the web interface of the Application are protected by copyright. The User undertakes not to perform any activity that could allow him or third parties to tamper with or use the software or other components constituting the web interface of the shop.
    4. When using the web interface of the Application, the User is not authorized to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Application. The web interface of the Application may only be used to the extent that is not at the expense of the rights of the other Users of the Operator and which is in accordance with its purpose.
    5. The User acknowledges that the Operator is not responsible for errors resulting from interference of third parties into the website or due to the use of the website contrary to their purpose.
  10. Personal data and cookies
    1. The processing of User's personal data by the Operator is regulated in separate documents " Principles of personal data processing " and Statement on the use of cookies ", which are available on the Operator's website.
  11. Delivery
    1. Unless otherwise agreed, all correspondence relating to the granting or use of the License must be delivered to the other Party in writing, either by e-mail or by registered mail (at the option of the sender). The User is delivered to the e-mail address specified in their User Account.
  12. Change of GTC
    1. The User acknowledges that the Operator concludes the Contract in the ordinary course of business with a larger number of persons and the Contracts are, according to their nature, obliging in the long term to re-perform the same kind with reference to these GTC. The Contracting Parties make it undisputed that the nature of the Operator's obligations under these GTC follows and there was a reasonable need for a later amendment of these GTC before the conclusion of the Contract.
    2. The Contracting Parties hereby agree that the Operator may change these GTC to a reasonable extent and at the same time agree that the change of the GTC shall be notified to the User, as the other party, via an e-mail message sent to the e-mail address entered by the User to the Application. In such a case, the User has the right to reject the GTC changes and to terminate the relevant obligation between him and the Operator at the notice period of one calendar month, starting on the day following the dispatch of the notice, which the Parties hereby agree to be sufficient to provide similar performance from another entity.
    3. In the event that a new Agreement is concluded with an existing User Account (ie the renewal or extension of the User Account), such Agreement shall be governed by the GTC as amended on the date of conclusion of such Agreement.
  13. Final Provisions
    1. These GTC, as well as the Contract, are governed by the laws of the Czech Republic, in particular the Civil Code.
    2. The User is obliged to observe these GTC, which are also part of the Contract, and the valid and effective legal regulations of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations;
    3. The Operator is not bound by any codes of conduct within the meaning of par. Article 1826 (1) (a) e) of the Civil Code;
    4. In the event of a dispute between the User who is a consumer and the Operator, the User may make use of the possibility of out-of-court dispute resolution by contacting the subject of out-of-court dispute resolution, ie the Czech Trade Inspection ( www.coi.cz  ) and proceed in accordance with the rules laid down in the relevant legal regulations and in accordance with the information given on the website of the Czech Trade Inspection Authority. Consumers can also start out-of-court dispute resolution online through ODR's online consumer dispute resolution platform, available at ec.europa.eu/consumers/odr .
    5. If any provision of the GTC is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the Contract or GTC require written form.
    6. The Contract, including the GTC, is archived by the Operator in electronic form and is not accessible to the User.
    7. Operator contact details: 
      Delivery address: Salmondo CZ, sro, company ID: 05588600, based in Tábor 2333/8, 616 00 Brno 
      E-mail address: info@salmondo.cz
    8. These GTC come into force and effect on April 8, 2019. For users registered before this date, the validity is postponed by 1 month.