Terms
Terms and Conditions
Company: Zhubnete Online s.r.o.
Registered Office: [Insert Registered Office Address Here - Crucial for legal compliance in CZ]
Identification Number (IČO): [Insert IČO Here - Crucial for legal compliance in CZ]
Tax Identification Number (DIČ): [Insert DIČ Here - Crucial for legal compliance in CZ]
Registered in: Commercial Register maintained by the Municipal Court in [Insert City of Registration Here], Section [Insert Section Here], File No. [Insert File Number Here]
Email: [email protected]
Phone: +420 312 697 485
Website: https://www.zhubneteonline.cz
These Terms and Conditions (hereinafter referred to as the "Terms") govern the use of the website https://www.zhubneteonline.cz (hereinafter referred to as the "Website") and all services provided through it by Zhubnete Online s.r.o., with its registered office at [Insert Registered Office Address Here], IČO: [Insert IČO Here], DIČ: [Insert DIČ Here], registered in the Commercial Register maintained by the Municipal Court in [Insert City of Registration Here], Section [Insert Section Here], File No. [Insert File Number Here] (hereinafter referred to as the "Provider").
By accessing and using the Website, you, the user (hereinafter referred to as the "User"), confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website or its services.
1. Definitions
For the purposes of these Terms, the following definitions shall apply:
- Provider: Zhubnete Online s.r.o., the operator of the Website and provider of services.
- User: Any individual or legal entity that accesses or uses the Website and its services.
- Website: The online platform accessible at https://www.zhubneteonline.cz, including all its content, features, and functionalities.
- Services: All services offered by the Provider through the Website, including but not limited to information provision, consultations, access to programs, and other related offerings aimed at supporting weight loss and healthy lifestyle.
- Content: All information, text, graphics, images, videos, audio, software, and other materials made available on the Website.
- Personal Data: Information relating to an identified or identifiable natural person, as defined by applicable data protection laws, including the GDPR.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
2. User Registration and Account
Some services on the Website may require the User to register and create an account. By registering, the User agrees to:
- Provide accurate, current, and complete information as prompted by the registration form.
- Maintain the confidentiality of their account login details (username and password).
- Be solely responsible for all activities that occur under their account.
- Notify the Provider immediately of any unauthorized use of their account or any other breach of security.
- The Provider reserves the right to suspend or terminate a User's account if any information provided is inaccurate, incomplete, or if the User violates these Terms.
3. Services Offered
The Provider offers a range of services designed to assist Users in achieving their weight loss goals and adopting a healthier lifestyle. These services may include, but are not limited to:
- Personalized Weight Loss Programs: Tailored plans based on individual needs, goals, and preferences.
- Nutritional Guidance: Advice and recommendations on healthy eating habits.
- Exercise Recommendations: Suggestions for physical activities to support weight management.
- Educational Content: Articles, guides, and resources on nutrition, fitness, and well-being.
- Online Consultations: Virtual meetings with specialists for personalized advice.
- Community Support: Forums or groups for Users to connect and share experiences.
The effectiveness of the services depends on various factors, including the User's adherence to the provided recommendations, individual physiological responses, and lifestyle choices. The Provider does not guarantee specific results or outcomes, as individual results may vary.
4. Intellectual Property Rights
All Content on the Website, including text, graphics, logos, images, software, and other materials, is the property of the Provider or its licensors and is protected by copyright, trademark, and other intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to access and use the Content solely for their personal, non-commercial use in connection with the Services.
Users are strictly prohibited from:
- Copying, modifying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, or selling any Content obtained from the Website.
- Using any of the Provider's trademarks, logos, or service marks without prior written consent.
- Framing or mirroring any part of the Website without the Provider's express written authorization.
5. User Conduct and Prohibited Activities
When using the Website and its Services, Users agree not to:
- Violate any applicable laws or regulations of the Czech Republic or the European Union.
- Infringe upon the intellectual property rights, privacy rights, or other proprietary rights of others.
- Post, upload, or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, or profane material.
- Engage in any activity that could disrupt, damage, disable, overburden, or impair the Website's functionality or security.
- Attempt to gain unauthorized access to any part of the Website, other User accounts, or computer systems connected to the Website.
- Use the Website for any commercial purpose without the Provider's express written consent.
- Impersonate any person or entity, or falsely state or misrepresent their affiliation with a person or entity.
- Collect or harvest any personally identifiable information from other Users.
- Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation.
6. Disclaimer of Warranties
The Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Provider does not warrant that:
- The Website will be uninterrupted, error-free, or secure.
- The results obtained from the use of the Website or Services will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by the User through the Website will meet their expectations.
- Any errors on the Website will be corrected.
The Provider explicitly states that the information provided on the Website is for general informational purposes only and does not constitute medical advice. It is not intended to diagnose, treat, cure, or prevent any disease. Users should consult with a qualified healthcare professional before making any decisions related to their health or treatment.
7. Limitation of Liability
To the fullest extent permitted by applicable law, the Provider, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- The use or inability to use the Website or Services.
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Website.
- Unauthorized access to or alteration of the User's transmissions or data.
- Statements or conduct of any third party on the Website.
- Any other matter relating to the Website or Services.
This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Provider has been advised of the possibility of such damages.
In no event shall the Provider's total aggregate liability to the User for any claim arising out of or relating to these Terms or the use of the Website or Services exceed the amount paid by the User to the Provider for the specific service giving rise to the claim, or CZK 1,000 if no such payment has been made.
8. Privacy Policy and Data Protection
The Provider is committed to protecting the privacy of its Users. The collection, use, and disclosure of Personal Data are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Website, you consent to the collection, use, and disclosure of your Personal Data as described in the Privacy Policy.
The Provider complies with the requirements of the GDPR and the relevant Czech data protection laws. Users have the right to access, rectify, erase, restrict processing, and object to the processing of their Personal Data, as well as the right to data portability. For more information on how we handle your data and your rights, please refer to our Privacy Policy.
9. Third-Party Links and Content
The Website may contain links to third-party websites or resources that are not owned or controlled by the Provider. The Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link on the Website does not imply endorsement by the Provider of the linked site.
The Provider is not responsible for any loss or damage incurred as a result of dealings with third-party websites or services. Users are encouraged to read the terms and conditions and privacy policies of any third-party websites they visit.
10. Modifications to Terms and Services
The Provider reserves the right, at its sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website after the posting of any such changes constitutes your acceptance of the revised Terms.
The Provider also reserves the right to modify or discontinue, temporarily or permanently, the Services offered on the Website, with or without notice and without liability to the User or any third party.
11. Termination
The Provider may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Website and Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership of intellectual property, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, the Website, or the Services shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.
For any disputes not resolvable amicably, the competent courts in the Czech Republic will have jurisdiction. Specifically, the general jurisdiction of the court for the Provider's registered office shall apply, unless otherwise stipulated by mandatory legal provisions.
13. Consumer Rights (Specific to Czech Republic and EU)
As a consumer, you have certain rights under Czech and EU law. These Terms do not affect your statutory consumer rights.
13.1 Right of Withdrawal (Odstoupení od smlouvy)
If you are a consumer within the meaning of the Czech Civil Code and the EU Consumer Rights Directive, you generally have the right to withdraw from a contract for services within 14 days of the conclusion of the contract, without giving any reason. However, this right may be limited or extinguished in certain circumstances, particularly if the provision of services has begun with your express consent and you acknowledge that you lose your right of withdrawal once the contract has been fully performed.
For digital content not supplied on a tangible medium, the right of withdrawal may also be lost if the performance has begun with the consumer's prior express consent and their acknowledgment that they have been informed that by giving consent, they lose their right of withdrawal.
If you wish to exercise your right of withdrawal, please inform us in writing at the contact details provided above. You may use the model withdrawal form provided by law, but it is not mandatory.
13.2 Out-of-Court Dispute Resolution (ADR/ODR)
In accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, if a dispute arises between Zhubnete Online s.r.o. and a consumer that cannot be resolved amicably, the consumer has the right to seek out-of-court dispute resolution.
The designated entity for out-of-court dispute resolution for consumer disputes in the Czech Republic is the Czech Trade Inspection Authority (Česká obchodní inspekce). Consumers can submit a proposal for out-of-court settlement of a consumer dispute to this authority. More information can be found on the website of the Czech Trade Inspection Authority: www.coi.cz.
Furthermore, the European Commission provides an online dispute resolution platform (ODR platform) which consumers can use to resolve disputes arising from online purchases: http://ec.europa.eu/consumers/odr/.
14. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- Waiver: The failure of the Provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement: These Terms, together with the Privacy Policy and any other policies or operating rules posted on the Website, constitute the entire agreement between the User and the Provider concerning the Website and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
- Force Majeure: The Provider shall not be liable for any failure or delay in performance under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15. Contact Information
If you have any questions about these Terms, please contact us:
Zhubnete Online s.r.o.
[Insert Registered Office Address Here]
Email: [email protected]
Phone: +420 312 697 485
Last Updated: [Insert Date of Last Update Here - Crucial for legal compliance]
