GENERAL TERMS AND CONDITIONS OF WORLDEE s.r.o.

1. introductory provisions

   1. Worldee s.r.o. is a company with its registered office at Pobřežní 667/78, 18600 Prague, identification number 08351864, registered in the commercial register maintained by the City Court in Prague under file number C 420162 (the Provider) operating internet website available at https://www.worldee.com/, that enables clear storage and planning of journeys, including photos and map materials (the Website).

   2. Visitor is every visitor of the Website and everyone who uses the Free Services (as defined in article 2.1(a) bellow) (the Visitor).

   3. Client is the Visitor who enters into an agreement with the Provider through the Website (as defined in article 1(e) bellow), while the client can only be a natural person (the Client) (the Visitor and the Client together as the User).

   4. These GTC apply to Users who visit or use the Website.

   5. The contractual relationship between the Provider and the Client arises from the effectiveness of the agreement on the provision of services entered into between the Provider and the Client (the Agreement). These GTC consists a part of the Agreement.

2. provision of services to clients

   1. After the registration the Provider enables the Users through the Website to use in particular the following services free of charge:

      1. recording journeys in an online travel diary including map materials;

      2. recording and sharing photos and videos;

      3. tracking another Users and obtaining an inspiration for journeys; and

      4. planning own journeys through data from other Users.

      (the Free Services).

   2. An overview of all currently offered Free Services is listed on the Website.

   3. In addition to the option listed in article 2(a) above, the User can purchase some of the offered paid services on the Website, that allow him to use the Website's options more efficiently and extensively or to access some of the above-standard options of the Website (the Paid Services) (the Free Services and the Paid Services together as the Services).

3. Website and user account

   1. In order to use the Services, it is required that the User creates his own user account on the Website (the User Account) which facilitates him the usage of the Website. When creating the User Account (registration), the User is obliged to correctly and truthfully provide all required data as the Provider then considers such data to be current and correct.

   2. The User Account will be secured with user name and password. The User is obliged to maintain the confidentiality of the information necessary to access his User Account and cannot allow the use of the User Account by a third party.

   3. By creating the User Account, the User undertakes to maintain his data stated in his User Account current and accurate and, in the event of change such data to notify the Provider of such changes without undue delay or to update the changed data. In the event of a breach of this obligation, the User is liable for any harm caused by this breach to the Provider or any other persons while the Provider is not liable for any damage caused in connection with breach of this User’s obligation.

   4. The User acknowledges that the Website or the User Account does not have to be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Provider or necessary maintenance of hardware and software equipment of third parties who ensure the operation of the Website for the Provider or other related services.

   5. The User further acknowledges that the Provider is entitled to delete his User Account without compensation if the User seriously violates these GTC or the relevant legal regulations. The cases referred to in article 12(c) are deemed to be a serious violation of these GTC.

4. Entering into Agreement

   1. The Website contains information about the content and price of the Paid Services which the User can purchase from the Provider trough the Website. This provision does not limit the possibility of the Provider to enter into the Agreement under individually agreed conditions.

   2. All variants of the Paid Services listed on the Website are of informative nature only and the Provider does not make an offer to the User to enter into the Agreement by such an indication and is not obliged to enter into the Agreement with the User regarding the relevant Paid Service. The provision of section 1732 (2) of Act No. 89/2012 Coll., the Civil Code, as amended (the Civil Code), does not apply.

   3. The Agreement can be entered into only on the basis of a duly completed relevant form on the Website (the Form) and its acceptance by the Provider. Before sending the Form, the User is entitled to check and change the data that he filled in the Form, including the possibility of to detect and correct errors that occurred when filling the data into the Form. The User sends the Form to the Provider by clicking on the appropriate button on the Website. The Provider considers the data filled in the Form to be correct. Immediately after receiving the Form from the User, the Provider confirms its receipt to the e-mail address filled by the User (the E-mail address). Therefore, the Agreement is entered into only when the User receives the acceptance of the Form from the Provider to the Email address.

   4. By completing the Form, the User agrees with the use of distance communication means when entering into the Agreement.

5. Price for paid services and payment conditions

   1. After entering into the Agreement, the Client is obliged to pay to the Provider the price for the Paid Services (the Price for the Paid Services). The amount of the Price for the Paid Services is stated for the relevant Paid Service in the pricelist published on the Website. This does not affect the Provider's right to provide the Paid Services individually at lower prices or free of charge at its own discretion.

   2. The Agreement becomes effective by paying the Price for the Paid Services to the Provider's account. The moment of payment is considered to be the moment of crediting the amount to the Provider's bank account.

   3. The Price for the Paid Services can be paid through the PayPal payment system, to which the User will be redirected after entering into the Agreement.

   4. If the Client is an entrepreneur and the purchase of the Services is exempted from tax or other levies in connection with a certain position or status of the Client and the Client subsequently loses such position or status, or it turns out that he did not have them at the time of entering into the Agreement, or for any other reason on the side of the Client the competent authority assesses tax or other levy on the Provider, the Client is obliged to pay to the Provider an amount equal to the assessed tax or levy on the Provider.

6. Provision of services

   1. The current description of the particular Paid Services is listed in detail on the Website.

   2. With regard to the uniqueness of each type of the Paid Services, the provision of the Paid Services consists in particular in:

      1. the possibility to individually change the colour of the world map on the user profile; and/or

      2. extending cloud storage capacity up to 100 GB

      3. possibility to share the world map on own website

   3. The provision of the Paid Services begins on the effective date of the Agreement.

   4. The Client acknowledges that the period of provision of the Paid Services runs continuously and he cannot interrupt it unilaterally or otherwise adjust it.

7. Website operating

   1. The Provider is obliged to electronically inform the Client in case of the failure to provide the Services if these facts are known to it in advance and the continuous duration of the interruption of the Website operation exceeds 24 hours. The Provider is not responsible for the interruption of the provision of the Services if this is caused by third parties (for example a cyber-attack, a long-term failure of power supply or of telecommunication connection).

   2. If the duration of the interruption of the Website's operation exceeds 24 hours, the Provider undertakes to extend the duration of the provision of the Paid Services by at least the time for which the interruption of the Website's operation and thus the provision of the Paid Services lasted. This paragraph does not apply in the event of interruption of the provision of the Paid Services due to the intervention of third parties under to Article 7(a) above.

8. WITHDRAWAL OF CLIENT FROM AGREEMENT AND REFUND OF THE PRICE FOR PAID SERVICES

   1. The Client who is a natural person and does not act within the scope of his business or other entrepreneurial activity when entering into and performing the Agreement is a consumer (the Consumer).

   2. The Consumer can withdraw from the Agreement without stating a reason within fourteen days from the date of entering into the Agreement by sending a written withdrawal to the address of the Provider's registered office or the Provider's email address (the consumer can, but it is not his obligation, use the sample withdrawal form included in the schedule to these GTC for this purpose or by filling in the electronic withdrawal form on the Website). In order to comply with the fourteen-day period, it is sufficient if the withdrawal is at least sent before the expiration of this period. The Provider will immediately confirm the receipt of a written notice of withdrawal from the Agreement to the Consumer to the Email address. In such a case, the Provider returns the price for the Paid Services to the Consumer no later than 14 days from the date of receipt of the Consumer's withdrawal from the Agreement to the bank account from which the Paid Services were paid or to another account communicated by the Consumer.

   3. If the Consumer withdraws from the Agreement under Article 8(b) above after the Provider starts providing the Services to him on the basis of his express request to be provided with the Paid Services before the expiration of the withdrawal period, he is obliged to pay to the Provider a proportion of the Price for the Paid Services for the Paid services provided until the date of withdrawal from the Agreement. This proportion is determined as the price of providing the Paid Services for one day (i.e. as a calculation of the Price for the Paid Services divided by the number of days for which the Paid Services were purchased) multiplied by the number of days of providing the Paid Services (the Proportional Part). When deducting from the Price for the Paid Services, the Provider will deduct the Proportional Part and the result of this difference will be paid by the Provider to the Consumer to the bank account from which the Paid Services were paid no later than 14 days from the date of receipt of the Consumer's withdrawal from the Agreement.

   4. The Consumer cannot withdraw from the Agreement if the Paid Services have already been fully performed with his prior express consent before the expiration of the period for withdrawal from the Agreement.

   5. In the event that the Consumer withdraws from the Agreement in accordance with these GTC, the Agreement is annulled from the beginning.

9. RESPONSIBILITY FOR Uploaded CONTENT

   1. Passivity and Neutrality of the Provider in Relation to the Uploaded Content

      1. The Provider does not control or modify the content uploaded and published by the User and is not responsible for any defect in the content or appearance of the content uploaded or published by the User on the Website.

      2. Furthermore, the Provider is not responsible for the completeness, accuracy, truthfulness of the content published on the Website or for any illegal actions of the User executed through the Website or violation of personal rights or intellectual property rights.

   2. Notice of Illegal Content

      1. In order to prevent the infringement or threat of the rights of third parties by operating the Website, the Provider accepts all third party notices which contain information that the activities of the Website infringe the copyright or other intellectual property rights of third parties (the Notice).

      2. The Provider receives the Notice pursuant to Article 9.2(a) above at the e-mail address info@worldee.com.

      3. The Notice is considered delivered when its receipt is confirmed by the Provider by an e-mail message sent to the notifier's address with at least the following information:

         1. details of the person making the Notice including his/her contact details, in particular his/her e-mail address and name;

         2. description of the Website's activities that violate or threaten the rights of third parties or legal regulations;

         3. description of how third party rights or legislation is being infringed;

         4. details of the person whose rights are being infringed (if different from the notifier) and the documentation that contain entitlement to dispose with the infringed right.

      4. In the event of a suspicion that a photograph or other document uploaded by the User infringes copyright, in addition to the information specified in Article 9.2(c) above, it is also necessary in to specify in the Notice:

         1. to which copyright work these rights relate; and

         2. who is the legal executor of these rights;

      5. The Provider is not obliged to inform the User whose uploaded content relates to the Notice nor to request his opinion.

   3. Removal or Inaccessibility of Defective Content

      1. If the Provider discovers that the content uploaded and published by the User violates the rights of third parties, he will immediately make the defective content inaccessible or remove it at its own discretion, so that other activities of the Website do not infringe the rights of third parties.

      2. The Provider is not liable for any damage caused to the User in connection with the removal or inaccessibility of defective content under Article 9.3(a) above.

10. LICENSE TO USER CONTENT

    1. Photographs, videos, texts, and other content (Content) uploaded or in any other way published by the User on the Website may be protected by copyright or other intellectual property rights. In order for the Provider to operate the Website, the User grants the Provider the right to use the Content to the extent pursuant to this Article 10.

    2. By uploading or publishing the Content in any other way on the Website, the User grants the Provider a royalty-free, non-exclusive, territorially, and quantitatively unlimited license to use such Content for the purpose of providing Services and operating the Website, for the duration of property rights.

    3. The User further agrees that the Provider may use the Content for its marketing and promotional purposes, in particular share it on social and other networks, use it on its blog or in advertising materials. For this purpose, the Provider is entitled to reproduce, distribute, and communicate the Content to the public. The User agrees that the Provider may modify, process, and translate the Content, create derivative works from the Content and include it in a collective work. All these rights may be assigned or sublicensed by the Provider.

    4. At the sole discretion of the Provider, it shall include a username and link to the User's profile in the Content used for its marketing and promotional purposes.

11. COMPLAINT

    1. If the Client has entered into the Agreement as the Consumer, he can exercise his rights from defective performance within twenty-four months from the date of commencement of the provision of the Paid Services. In other cases, he can exercise his rights arising from defective performance within twelve months from the date of commencement of the provision of the Services.

    2. The Client can exercise the rights arising from defective performance by sending a complaint to the address of the Provider's registered office or electronically to the Provider's email address info@worldee.com or in person at the Provider's registered office. The date of making a complaint is considered to be the time of receiving a complaint in any of the possible forms described above. The complaint will be resolved without an undue delay and in complex cases within three working days. This period does not include the appropriate time according to the requisite Paid Service required for a professional assessment of the defect. Complaints, including the elimination of defects, will be dealt with without undue delay and no later than 30 days from the date of the complaint unless the Provider and the Client agree on a longer period. The Provider will inform the Client about the handling of the complaint.

    3. The complaint must contain at least a description of the defects and the required method of handling the complaint. The possible method of handling the complaint can be a reasonable discount from the Price for the Paid Services, supplementation of what is missing or a repair. If the defect cannot be eliminated and the Paid Services cannot be used properly for such defect, the Client can withdraw from the Agreement or request a reasonable discount from the Price for the Paid Services.

    4. The Client who is not the Consumer has the rights from the defective performance according to the relevant legal regulations.

    5. Complaint cannot be made in relation with parts of the Services and functionalities of the Website which are provided free of charge.

12. PROTECTION OF PERSONAL DATA

    The User acknowledges that the Provider processes his personal data for the purpose of providing the Services and operation of the Website in accordance with the legislation concerning the processing and protection of personal data, in particular but not exclusively 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR), Act No. 110/2019 Coll., on personal data processing, as amended, and any judicial or administrative interpretation of legislation concerning the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Office for the Personal Data Protection. Details regarding the processing of the User's personal data by the Provider are provided at https://www.worldee.com/doc/privacy-policy.

13. TERMINATION OF AGREEMENT AND cessation of THE PROVISION OF SERVICES

    1. Unless expressly stated otherwise in the Agreement or in these GTC, neither party to the Agreement is entitled to terminate the Agreement unilaterally (for instance by withdrawal or termination etc.), unless such prohibition would be in conflict with mandatory legal provisions.

    2. The Client is entitled to terminate the Agreement in the event that the Provider changes, supplements or otherwise modifies these GTC. In such a case, the termination of the Agreement is effective as of the effective date of the amendment or supplement to the GTC.

    3. The Provider is entitled to suspend the provision of the Services and at the same time he has the right to terminate the contractual relationship between the Provider and the Client based on the Agreement if the Client seriously violates these GTC. The following situations are considered to be serious violations of these GTC:

       1. publication of information that is in conflict with the legal regulation of the Czech Republic (for instance publication of files promoting violence or child pornography) as well as with obscene or otherwise inappropriate content according to the Provider;

       2. publication of content which infringes third party rights, in particular any intellectual property rights under to Article 9 (the Liability for uploaded content);

    4. Termination of the Agreement by the Provider will be always made in writing and will be sent to the Client's Email address. The termination is effective as of the day following a day when the termination is sent by the Provider.

    5. If the Provider terminates the Agreement and the Client has already paid the Price for the Paid Services, the Provider will return the amount corresponding to the unused Paid Services to the Client without undue delay by transfer to the bank account from which the Paid Services were paid or to another account communicated by the Client.

14. FINAL PROVISIONS

    1. The Agreement including these GTC is archived by the Provider in electronic form and will be sent to the Email address at the Client's written request.

    2. The Agreement can be entered into only in the Czech language and English language. In the event of any discrepancies between these two language versions, the Czech version prevails.

    3. The Provider is not bound by any codes of conduct in relation to the Client according to the provision of section 1826 (e) of the Civil Code.

    4. In the event that any provision of these GTC is or becomes invalid or ineffective, the other provisions of these GTC and the Agreement remain valid and effective. The parties to the Agreement will replace the invalid or ineffective provision with another valid and effective provision which corresponds to the content and meaning of the original provision.

    5. The Client and the Provider hereby assume the risk of a change of circumstances according to § section 1765 (2) of the Civil Code.

    6. The Agreement including these GTC and all rights of the Client and the Provider arising from the Agreement or in connection with it or with its termination are governed by Czech law.

    7. The court of the Czech Republic have subject-matter and territorial jurisdiction to resolve any dispute arising out of the Agreement, in connection with it, or its termination.

    8. In the event that a consumer dispute arises between the Provider and the Client as a consumer from the Agreement which cannot be resolved by mutual agreement, the Client is entitled to submit a proposal for out-of-court subject for settlement of such dispute to a designated out-of-court settlement of consumer disputes which is The Czech Trade Inspection (web: www.adr.coi.cz). In this case, the Client can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

    9. The Provider is entitled to amend the GTC. The Provider informs the User of such changes in advance by publishing the changes on the Website, stating the effective date of the marked changes. Upon the entry into force of the new GTC, the original GTC becomes invalid. The change of the GTC does not apply to already concluded Agreements.

    10. Unless the Agreement provides otherwise, the Client is not entitled to assign his claim to a third party without the prior written consent of the Provider.

    11. Unless the Agreement provides otherwise, the Client is not entitled to set off any of his receivables from the Provider (due or not yet due) against any of his receivables of the Provider (due or not yet due) without the prior written consent of the Provider.

    12. For the purpose of the provisions of Article 14 (j) and (k) above, the exchange of e-mail messages will be considered as the written form.

    13. Unless expressly stated otherwise, each party to the Agreement bear all costs and expenses incurred in connection with the entering into and performance of the Agreement.