The United Passion s.r.o.
General Terms and Conditions for UniFind
1. General Provisions
1.1. These General Terms and Conditions (hereinafter “GTC”) shall be an integral part of the contractual agreement (hereinafter “Contract”) between the provider of the Services United Passion s.r.o., Id. No. 07177941, Tax Id. No. CZ07177941, Kaplická 859/43, 140 00, Prague 4, Czech republic, registered in the Commercial Register by the Municipal Court in Prague, Section C, File No. 295470 and the Customer. The GTC apply to the Services provided on the Website www.unifind.org.
1.2. Defined terms for these GTC:
“United Passion” represents United Passion s.r.o., with an Id. No. 07177941, Tax Id. No. CZ07177941, and officially registered office located in Czech Republic, postcode 140 00, Prague 4, Kaplická 859/43. The company was registered in the Commercial Register by the Municipal Court in Prague, Section C, and File No. 295470.
“UniFind” is the trademark for the website www.unifind.org owned by United Passion.
“Website” is www.unifind.org operated and owned by United Passion.
“GTC” refers to these General Terms and Conditions used for the Website.
“Contract” means an Agreement between United Passion and the Customer that creates enforceable rights and obligations. These GTC is also a Contract.
“Customer” is a party that has contracted with United Passion to obtain Services that are an output of United Passion’s ordinary activities in exchange for consideration. The Customer is a person only who does not act in the scope of its business activities and is not an entrepreneur or a company.
“Performance obligation” means a promise in a Contract with a Customer to transfer to the customer either: a Service (or a bundle of Services) that is distinct; or a series of distinct Services that are substantially the same and that have the same pattern of transfer to the Customer.
“Price” means the amount of consideration to which United Passion expects to be entitled in the exchange for transferring promised Service to a customer for a 60-days period, excluding the amounts collected on behalf of third parties.
“Service” is a performance transferred to the Customer electronically within a 60-day period under conditions in these GTC.
“Subscription” means a Contract for the transferring the performance on a recurring basis with a condition of advance payments. UniFind does not provide the Subscription Service on a recurring basis for periodically ongoing service.
“Force Majeure” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of the Provider’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, hurricanes, earthquakes, riots, terrorist attacks and wars);
1.3. Any written agreements with the Customer shall prevail over these GTC. United Passion shall be bound to verbal agreements only if and insofar United Passion expressly confirms such in writing. United Passion does not accept conditions of the Customer contradicting or deviating from these GTC, unless United Passion has agreed with their validity in writing.
1.4. United Passion reserves the right to change the wording or general principles in the GTC, as well as the right to change the Price of Services, in particular, but not exclusively as a result of technological enhancements, changes or broadening of Service, changes in terms of service of third parties, economic or financial situation or inflation.
1.5. United Passion notifies the Customer no later than 30 days prior to any GTC changes to Customer email address, which the Customer has provided to United Passion in the User Account form (hereinafter the “Customer email”).
2. Basic information for Customers
The United Passion informs that:
a) The cost of distance communication in relation to the Service, such as the internet connection costs or/and telephone charges set by the Customer’s operator, or any foreign transaction fee set by the Customer’s bank or the Credit card issuer, shall be paid by the Customer.
b) In order for the Customer to use the Services, the Customer is obliged to make a payment in advance before the 60-day period, as specified in clause 5.3 in Article 5 of these GTC. Provision of Section 2119, paragraph 1 of the Civil Code is not applied.
c) The period in which the two contracting parties (United Passion and the Customer) will be bound by purchasing a product from UniFind is 60 days. UniFind does not provide the Subscription Service on a recurring basis for periodically ongoing service. In case the Customer wishes to extend this 60-day period, the Customer may buy a single product again at any time.
d) The Price or the pricing method for the billing cycle (60 days) is provided on the Website next to the description of the relevant Service or the information is specified in the Contract. By accepting the GTC, the Customer authorizes United Passion to collect a payment in advance from the Customer’s payment card before the 60-day period of using the Service.
e) The Price of Services provided on the Website is including VAT. UniFind is solely for personal, non-commercial use. The Price does not include costs for the delivery of Service.
f) The Customer declares that he has read and accepted these GTC prior to confirming the order of the Service. United Passion informs that the Customer, by agreeing to these GTC, also expresses explicit GTC approval prior to delivery of the Service and agrees that the Service will be delivered to the Customer without undue delay upon receipt of the advance payment. United Passion informs the Customer that once the digital content of the Service is delivered to the Customer, the Customer will lose the right to withdraw from the Contract for the prepaid 60-day period and will lose the right to refund that has already been paid. Section 1837 a) and 1837 i) of the Civil Code applies. More information is provided in the Article 8 of these GTC.
g) In case of a customer’s complaint, this should be submitted to United Passion via Contact Form in the Contact section on the Website.
3. User Account
3.1. After the Customer registers on the Website, the Customer is given an access to its own interface (hereinafter the “User Account”). After the successful payment for the Subscription, the ordered data are provided to Customer in his User Account.
3.2. The Customer is obliged to provide correct and up-to-date information when registering on the Website and also when ordering Services. If any changes to this information occur, the Customer is required to update the data in his User Account. Information provided by the Customer when ordering Services is considered by United Passion to be correct.
3.3. Username and password are used to protect the access to the User Account. The Customer is required to keep his credentials to his User Account confidential.
3.4. The Customers are not entitled to enable the access to their User Accounts or the digital content they receive from the Services to any third parties. In case the Client suspects that their confidentiality is compromised or believes that a third party had an access to their password or data, the Client is obligated to notify the United Passion. In case the justified concerns that the access data to the User Account is being or may be misused, United Passion is entitled to block the User Account.
3.5. The United Passion is entitled to close the User Account in case the Customer does not use it for over 6 months, or in the event that the Customer violates his/her duties arising from the Contract (including these GTC).
3.6 The Customer accepts that the User Account may not be accessible at all times, particularly with regard to the essential maintenance of hardware or software by United Passion or by third parties. In case any unexpected events occur that are beyond United Passion’s control, such as Force Majeure Event or any events that could potentially disrupt the connection and ability to perform the Service effectively, United Passion is not responsible for any harm made to the Customers by not being able deliver the digital content.
4. Conclusion of a Contract
4.1. The Customer acknowledges that a presentation of our Services on the Website shop interface is informative and United Passion is not required to conclude a Contract regarding these Services. The provision of Section 1732, paragraph 2 of the Civil Code does not apply.
4.2. All of the essential information about the Services provided by United Passion is given on the Website. The information provided includes the description of digital content as well as the Price for the Service. This information given in this way is considered to be valid at the time it is displayed on the Website.
4.3. On the Website there is an order form where the Customer can order the Services. For making a successful order of the Service, the Customer is required to register himself in his User Account and provide to the United Passion his truthful data required for the ordering and billing process. This order form will include in particular:
i) information about ordered Services including the Price (by selecting the respective items on the Website),
ii) choice of payment method and payment details (more in Article 5 in these GTC)
(all the above specified hereinafter as the “Order“)
4.4. Prior to sending the Order, the Customer is entitled to view and change the initial data that he entered in the Order so that the Customer is able to identify and correct any errors in entering the data in the Order. The Order is completed and sent at United Passion by clicking the “3D secure payment” button. United Passion considers the information given in the order to be correct. After sending an Order, United Passion will send an email confirmation of the ordered Services to the Customer as evidence of receipt of the Order.
4.5. UniFind is entitled to request an additional customer order confirmation depending on the character of the Order.
4.6. Officially the Contract between United Passion and the Customer is concluded on the delivery of email confirmation of the ordered Services that United Passion sends to the Customer.
4.7. The Customer agrees to use remote means of communication when concluding the Contract. Any additional costs incurred by the Customer in using the means of remote communication with the conclusion of the Contract (for instance the costs for internet connection fees or telephone fees) are the Customer’s obligation to pay and must be paid by the Customer.
5. Price and terms of payment
5.1. The Price for the Services under the Contract is paid by the Customer via an online bank transfer using a debit card or credit card (hereinafter the “Payment Card”) or other payment methods provided by the Payment Gateway.
5.2. In order to prevent an unauthorized third party access to Customer Payment Card information, this information will be encrypted. To achieve this goal, the Customer is required to authorize the Payment at the time the Order is submitted.
5.3. Depending on the nature of the Service, the Customer is required to pay the United Passion the Price for the delivery of the Services in the form of the a lump sum (one-time single payment) in advance (“Advance Payment”) before the 60-day period of the delivering the Service. The Payment is specified in the Order summary before the Service delivery. After receiving the Advance Payment, the email confirmation will be sent to the Customer. The Customer agrees to use the tax document in electronic form.
5.4. The Customer’s obligation to pay the Price for the Service ordered is considered to be met when this amount is credited to the bank account of United Passion. United Passion sends a confirmation email to the Customer about the receiving the first Payment to this Order. If United Passion does not receive the payment within three business days, the unpaid Order will automatically be cancelled.
5.5. In case United Passion provides discounts on the Price of the Services, they cannot be combined.
6. Terms of delivery
6.1. United Passion is required to provide the Service no later than 3 business days after receiving the payment for the corresponding 60-day period in accordance with the paragraph 5.3. Article 5 of these GTC. United Passion reserves the right to make a partial delivery of the Service.
6.2. The Service will be provided in an electronic form in the User Account on the Website, not in the physical form on data carriers.
6.3. Since the Services are of electronic nature, no shipping costs are charged.
6.4. The moment the Customer receives the digital content he paid for, he is required at the very first to check the accessibility of the content. In case any problems with the functionality or accessibility arise, the Customer must immediately notify United Passion via Contact Form provided on the Website.
6.5. The Customer will gain access to the digital content of UniFind supplied by United Passion only after receiving the full Price for the Service. The Services are delivered on the single one-time basis for a 60-day period.
7. Digital content and functionality
7.1. The information about the functionality of the digital content provided by United Passion is available on the Website. Before ordering a Service and subsequently after placing the Order, the Customer:
a) must verify that he has a sufficient internet connection for accessing digital content on the Website or for downloading from his User Account.
b) is aware that the digital content could have a limited accessibility, and therefore it is recommended to back up the necessary digital content.
c) must verify all of the technical requirements necessary to ensure the full functionality of the digital content provided by United Passion and must ensure that the device in which the Customer accesses the data complies with these requirements. United Passion is not responsible for any defects in the performance of digital data if the reason for defective performance is a problem in Customer technology, such as inefficient internet connection and/or failure to meet technical requirements or loss of login data.
7.2. The provided Services include functionalities entitling the Customers:
a) To download the digital content to a device belonging to the Customer,
b) To prevent third party access to their data
7.3. The Customer expressly accepts that access to the digital content and/or the service functionality in some regions may be limited.
7.4. Prior to ordering a particular Service, the Customer is required to familiar with its content.
7.5. The Customer acknowledges that the digital content is a work protected by the Copyright Act.
7.6. A Customer is a natural person who does not act in the course of his business activities and is not an entrepreneur or a company. Digital content on the Website is for personal, non-commercial use only. The Customer is not authorized to use the digital content from the Website for commercial use and the Customer is not entitled to display or provide the digital content to anyone else than himself.
8. Withdrawal from the Contract
8.1 Withdrawal by the Customer
8.1.1. The Customer acknowledges that he cannot withdraw from a Service contract if the Service was provided with prior explicit consent prior to the expiration of the withdrawal period, and United Passion informed the Customer before concluding the Contract that he has no right to withdraw from the contract in such a case. The Customer may not withdraw from a digital content delivery contract if it has been delivered with the prior express consent of the Customer before the expiration of the withdrawal period and has not been delivered on a physical medium, and United Passion informed the Customer before signing the contract that he has no right to withdraw from the contract. The Provisions of the Sec. 1837 a) and 1837 i) of the Civil Code apply.
8.1.2. The Customer acknowledges that after the digital content from United Passion has been delivered, the Customer may not withdraw from the Contract until the end of the current 60-days period for the product that the Customer has paid for in advance.
8.1.3. United Passion explicitly informs the Customer that if the Customer explicitly agrees to provide the Service before the expiration of the withdrawal period, the Customer is not entitled to withdraw from the Contract once the performance has been delivered. The Customer’s aforementioned statement, including United Passion’s announcement of the impossibility for withdrawing from the Contract for the aforementioned reason is also displayed on the Website when the Customer clicks on the button on the Website shop interface for granting his consent to provision of the Service before the expiration of the withdrawal period.
8.1.4. If this does not apply to the above cases (Articles 8.1.1, 8.1.2 and 8.1.3), the Customer may withdraw from the Contract at any time. If the customer wishes to terminate the contract (“Withdraw from Contract”), the Customer is required to send this request to the email address on the Website or directly send the printed document directly to United Passion. The Withdrawal from the Contract will take effect on the day following the statement of consent with the legitimacy of the claim to the Customer’s email.
8.1.5. If the Customer is entitled to withdraw from the Contract in cases and under the terms explicitly stipulated by the law, particularly in accordance with the Civil Code, United Passion refunds the money received from the Customer within fourteen days after the Customer’s withdrawal from the Contract. This refunded amount will be credited back using the original payment method.
8.2. Withdrawal by United Passion
8.2.1. United Passion is entitled to withdraw from the Contract in the following cases:
a) The Service is unavailable due to circumstances that have prevented the delivery of the Service,
b) United Passion cannot provide the Service even if it makes all efforts that can reasonably be expected, or
c) United Passion is unable to provide the Service to the Customer within the agreed time limit or at the agreed Price or
d) An event of Force Majeure.
If any of the above cases in Article 8.2.1 of these GTC occurs, United Passion is required to immediately inform the Customer of the withdrawal from the Contract and return the payment the Client has provided to United Passion for a Service which has not been delivered.
8.2.2. United Passion reserves the right to withdraw from the Contract if there is any obvious verbal or numerical error in the Price that clearly differs from the usual Price for this type of Service that could potentially harm United Passion. This also applies to any obvious verbal error in the written text. In such cases, United Passion immediately informs the Customer and decides on the following procedure.
9. Rights in case of defective performance
9.1. The rights and duties of the Contracting parties regarding claims on the basis of defective performance are led by legal regulations, particularly the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code, and by Act Number 634/1992 Coll. on Consumer Protection, as amended.
9.2. United Passion is responsible for providing the Customer with a performance without defects. Along with this, United Passion ensures that at the time the Customer receives the performance:The item has the properties on which both that the two parties have agreed. If such an arrangement has not taken place, the properties of the item must be described on the Website.
a) The item is suitable for purpose that is presented on the website or for which it is commonly used.
b) The item corresponds to the design and quality described on the Website.
c) The item is supplied in the corresponding quantity.
d) The item complies with legal requirements.
9.3. If the defective performance causes the data to be unavailable or inaccessible, the Customer is entitled to:
a) a removal of defects by delivering a new item without defects or delivering missing items,
b) a removal of the defect by repairing the item
c) an appropriate discount on the Price, or
d) withdraw from the Contract
When the Customer reports a defect, he is required to inform United Passion about his preference from the above points. Once submitted, the Customer will not be able to change this option without the approval of United Passion; however, this does not apply when Customer has chosen the option of repairing the defect and the defect cannot be repaired. In the event that United Passion fails to remedy the defect within a reasonable time, it shall inform the Customer and the Customer may request an appropriate discount or withdrawal from the Contract.
9.4. The Customer is required to send the information about the defective performance of the Service along with his preference in accordance to Article 9.3 of these GTC to the email address of United Passion or use a Contact Form. United Passion will respond to Customer’s email within 30 days. Claims for refunds will be processed according the Article 8.1.5 of these GTC within 14 days..
10. Other rights and duties of the contracting parties
10.1. In a relationship with the Customer, United passion is not bound by any codes of behavior within the meaning of the provision of Section 1826, paragraph 1, letter e) of the Civil Code.
10.2. The Czech trade Inspection Authority (Česká obchodní inspekce) with the registered office at Štěpánská 567/15, 120 00 Prague 2, Register number: 000 20 869, internet address: http://ww.coi.cz, is the body for over out-of-court settlement of disputes relating to a consumer arising from the Contract. The online platform for dispute resolution is http://ec.europa.eu/consumers/odr, which can also be used to resolve disputes between United Passion and the Customer arising out of the Contract.
10.3. The European Consumer Centre in Czech Republic with the registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is according to the European Regulation No. 524/2013 of the European Parliament and the Council of 21st May 2013, the contact site for on-line dispute resolution used for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
10.4. United Passion conducts its business on the basis of the trade license. The trade license inspection is executed by the relevant Trade Licensing Authority (Živnostenský úřad). In order to protect Client’s personal data, the Office for Protection of Personal Data (Úřad pro ochranu osobních údajů) is in charge of the supervision. Together with that, the Czech Trade Inspection Authority performs a supervision to the Act No. 634/1992 Coll. on Consumer Protection.
11. Protection of Personal Data
11.1. Act No.101/2000 Coll. on the Protection of Personal Data, as amended, provides for the protection of the personal data of Customers who are natural persons.
11.2. The Customer agrees to the processing of the following personal information: name and surname, residential address, email address, telephone number and Payment Card details (hereinafter jointly referred to as “Personal Data”).
11.3. Processing of payment cards. The Customer can shop on www.unifind.org with confidence. United Passion is partnered with a leading payment gateway provider that safely and securely processes credit cards, payment cards and electronic check payments of United Passion’s Customers.
11.4. The Customer agrees that United Passion may process the Personal Data in order to execute the rights and duties that arise from the Contract and for administering the User Account. This also gives permission to United Passion to use Personal Data in order to send information and for business communication with the Customer. Conclusion of a Contract is not conditional to provision of consent to processing of Personal Data in the whole scope according to this Article.
11.5. The Customer is required to provide truthfully their correct and up-to-date personal data when registering to the User Account. If any changes are made to these dates, the Customer is required to immediately inform United Passion about these changes.
11.6. United Passion may authorize third parties to process the Customer’s Personal Data only after United Passion has received the Customer’s prior consent to the processing of the Personal Data by a third party.
11.7. Customer’s Personal Data will be processed for an indefinite period either in electronic form using automated methods, or in physical printed form using non-automated methods.
11.8. The Customer confirms that the provided Personal Data are accurate and acknowledges that the provision of the Personal Data to United Passion is voluntary.
11.9. In the event that the Customer believes that United Passion or a third party processes their Personal Data in a way that is inconsistent with protection of Customer’s private and personal life, or in conflict with the law, the Customer has the right to request:
a) an explanation from United Passion or the third party
b) that United Passion or the third party remedy this situation
11.10. In case the Customer requests any information regarding the processing of their Personal Data, United Passion is required to provide this information to the Customer. United Passion is entitled to require from the Customer the appropriate payment for providing this information, which does not exceed the additional costs of providing information under the previous sentence.
12. Business communication and cookie saving
12.1. The Customer agrees and authorizes United Passion to send Service and business communications information to the Customer email.
12.2. The Customer agrees to store so-called cookies on the Customer’s computer. If a purchase can be made on the Website without storing cookies, and if United Passion can fulfill its obligations arising from the Contract without storing cookies, the Customer may at any time revoke this consent under the preceding sentence.
13. Liability for damages
13.1. United Passion is not responsible for damages for the reasons set forth by the applicable legislation and also in cases where the damage was caused by external circumstances without being caused by United Passion, such as any internet connection failures, mechanical damage, unauthorized installation, or any other similar events.
13.2. United Passion bears responsibility only for actual damage to the Customer, which are clearly demonstrable and caused a breach of Contract. If United Passion was responsible, the Customer is entitled to claim damages. However, the aggregate liability of United Passion for all claims raised by the Customer, is limited to a maximum amount, which must not exceed the Price which was paid to United Passion in advance for a product of relevant 60-days period in accordance with the Contract. United Passion is also not liable for indirect damages, subsequent damages, harm to reputation, the loss of credibility, any financial losses whatsoever, or death or personal injury caused by our negligence.
13.3. Except for possible claims for damages as set out in paragraph 13.2 of these GTC, the Customer waives the right to compensation for damages incurred as a result of a breach of duties by United Passion. The Customer expressly agrees and declares that this provision is not considered as an unreasonable expectation by the Customer.
13.4. Circumstances precluding the liability of United Passion are taken into consideration regardless of when they occur.
14. Intellectual property
14.1. United Passion owns all rights, legal claims, and shares in any and all of the patents, trademarks, utility models, copyrights, confidential business confidential information, and rights to intellectual and industrial property rights relating to the Services provided by United Passion.
14.2. Provision of Services does not provide any license to the Customer to use the trademark, copyrights, corporate name, patent, industrial or utility model or any know-how owned by United Passion, and the Customer is not entitled to use any United Passion intellectual or industrial property rights unless United Passion grants prior written consent expressly entitling the Customer to use rights stipulated to the extent of such consent. If such consent was granted, this right of use cannot be applied to other cases not covered by this consent or agreements. If the consent has not been given in writing, or if a written agreement has not been concluded, it is not possible to infer or apply verbal consent or verbal conclusion of agreement. Only the written form is considered valid and binding.
14.3. In the event of unauthorized use of any of the rights of United Passion or intellectual or industrial property, Customer will be obliged to stop this unauthorized use on United Passion’s notice, waive any unjustified enrichment and pay United Passion’s financial compensation for all damages. United Passion is also entitled to ask a court at any time to take a precautionary measure that would prohibit such illegal use. Potential inaction by United Passion in the case of violation of United Passion intellectual and industrial property rights cannot be interpreted and construed as consent or acceptance of such use of United Passion’s rights.
15. Confidential information
15.1. In the event that United Passion and Customer provide to each other information (technical and/or business) that is confidential or may by its nature be inferred as confidential, such information may not be passed on to any third party without the prior written consent of the Party providing the information. This information cannot be used contrary to the purpose for which it was provided.
16. Final provisions
16.1. United Passion reserves the right to restrict the provision of Services in certain geographic areas in accordance with the United Passion principles or legal regulations.
16.2. Each party irrevocably agrees that the courts of Czech Republic will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract. The aforementioned statement applies even if the contract-based relationship contains an international (foreign) element and/or where the Customer’s domicile is not the Czech Republic. This does not affect the Consumer rights resulting from the generally binding legal regulations. The courts of the Czech Republic have sole and exclusive jurisdiction and venue to adjudicate over any actions relating to the subject of the Contracts.
16.3. The Customer agrees to comply with all international and local laws and regulations that apply to these Services.
16.4. If any of the provisions of these GTC is invalid or ineffective, or becomes invalid or ineffective, a provision whose purpose approximates an invalid clause as close as possible replaces an invalid clause. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
16.5. United Passion archives the Contract, including GTC, in an electronic form and is not accessible.
16.6. United Passion’s contact information is: UniFind, United Passion s.r.o., Kaplická 859/43, 140 00 Praha 4, Czech Republic, email address: email@example.com.
16.7. The limitation period on any Customer’s claims against United Passion resulting from violation of the Contract, including these GTC, is one year. The limitation period on any United Passion’s claims against the Customer resulting from the breach of the Contract, including these GTC, is five years. The aforementioned is valid unless stated otherwise.
16.8. In the event of any significant change in circumstances occurring on the part of the Customer after the conclusion of the Contract, the Client assumes the risk of such changes in circumstances in accordance with Section 1765 of the Civil Code.
16.9. The Customer is not entitled to assign any of his rights or obligations resulting from the Contract to a third party without the prior written consent of United Passion. United Passion is entitled to assign any rights and obligations arising from this Contract to third parties.
16.10. The Customer is not entitled to offset any of their receivables against United Passion.