The mutual rights and obligations of the User and the Operator arising from the use of the Application shall be governed by these Terms of Service:
1.1In these Terms of Service:
1.1.1 „Operator“ is BP LUMEN s. r. o., ID No.: 05565375, with registered office at Puškinova 546, 542 32 Úpice.
1.1.2 „Application“ means the web application called care.bike, whose main functionalities include the management of owned (e-)bikes and which is accessible from the web address www.care.bike.
1.1.3 „TOS“ means these General Terms of Service.
1.1.4 „Agreement“ means the agreement concluded between the User and the Operator, the subject of which is the granting of a License to use the Application to the User under the Terms of Service set out in these TOS.
1.1.5 „Licence“ means a non-exclusive licence to use the Application on the Terms of Service set out in these TOS.
1.1.6 „User“ means any legal or natural person other than the Operator who uses the Application.
1.1.7 „User Account“ means the non-public portion of the Application that is accessible to the User after entering the Login Credentials.
1.1.8 „Login Credentials“ means the unique combination of the User's login name and password selected by the User, which the User stores in the Application's database when establishing a User Account through the Application and/or automatically generated by the Application for the User.
2.1 The display of the button entitled "General Terms of Service" in the user interface of the Application is a proposal for the conclusion of the Agreement by the Operator.
2.2 The User's click on the "Create Account" button constitutes the User's unconditional acceptance of the proposal to enter into the Agreement, and this action constitutes the conclusion of the Agreement.
2.3 By clicking on the box (so-called checkbox) containing the description "I agree to the General Terms of Service" and then clicking on the button in the sense of 2.2, the User agrees to these TOS.
2.4 Upon conclusion of the Agreement, the following provisions of these TOS shall come into force.
3.1 The Operator grants the User a License to the extent and under the Terms of Service specified in the User Environment of the Application, in particular those specified for the User Account type.
3.2 The Operator is entitled to make the User Account fully and/or partially inaccessible to the User upon expiry of the Licence Period.
3.3 A User has the right to create more than one User Account.
3.4 The User has no right to grant a sub-license to a third party to use the Application.
3.5 All financial transactions made through the Application or the payment gateway linked to the Application shall be deemed to have been paid by crediting the entire amount to the Operator's bank account.
3.6 The Provider shall have the right to shut down, modify and/or make the Application or any part thereof inaccessible from the relevant Internet address for any reason whatsoever, upon prior notice to the User.
3.7 The User has the right to use the Application under the terms of the Agreement in the current version available from the relevant Internet address.
3.8 When using the Application, the User undertakes to act in such a way that no damage is caused to him or the Operator by the use of the Application.
4.1 The User is not entitled to use the Application to extract the database associated with the Application by machine (especially by means of so-called software robots).
4.2 The User and the Operator hereby agree that any data entered by the User into the Application database shall be part of the database collected by the Operator and shall become part of the Operator's database without the User's actions described in this paragraph creating any right to the Application database.
4.3 The Parties are aware, declare and agree that the Application fulfils the conditions of Section 562(2) of the Civil Code, i.e. that the data records in the Application and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.
5.1 The provisions of this article of the TOS do not apply to consumers.
5.2 The User hereby expressly waives the right to claim damages from the Operator inadvertently or through no gross negligence caused by the Operator's breach of any obligation of the Operator set out in the Agreement in connection with the performance of the Agreement or these TOS.
6.1 The User acknowledges that the Operator enters into the Contract in the ordinary course of business with a large number of persons and the Contracts are by their nature binding in the long term for repeated performances of the same kind with reference to these TOS. The Parties make it undisputed that the nature of the Operator's obligations under these TOSs implies and, prior to the conclusion of the Contract, already implied a reasonable need for a subsequent amendment to these TOSs.
6.2 The Parties hereby agree that the Operator may modify these TOS to the extent reasonable, and also agree that the modification of the TOS shall be notified to the User, as the other party, by means of an e-mail message sent to the e-mail address entered by the User in the Application. In such case, the User shall have the right to reject the changes to the TOS and to terminate the subject obligation between the User and the Operator for this reason within a notice period of one (1) calendar month, which shall commence on the day following the dispatch of the notice, which the Parties hereby agree is sufficient to procure similar performance from another entity.
6.3 In the event that a new Contract is entered into for an existing User Account (i.e. a renewal or extension of a User Account), such Contract shall be governed by the TOS as in effect on the date of such Contract.
7.1 The operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorised disclosure or use.
8.1 This article of the TOS of the Terms of Service is only effective against the User who is a consumer. In particular, the provisions set out in this article of the TOS do not apply to sole traders or companies.
8.2 The Operator hereby informs the User that:
8.2.1 the address for service of documents on the Operator shall be the same as the Operator's registered office address set out above;
8.2.2 The Operator's address for delivery of electronic mail email@example.com;
8.2.3 The Operator's remuneration for the Licence is set including all taxes and fees and the amount and/or method of calculation is set out in the Application;
8.2.4 The User shall pay the Operator the fee for the Licence, if the Licence is not provided free of charge, in one of the ways specified for the respective option in the Application's user environment;
8.2.5 The user does not incur delivery costs;
8.2.6 Internet access and a web browser or mobile application are required to use the Application;
8.2.7 The User has the right to withdraw from the Agreement without giving any reason and without any penalty within 14 days of receipt of performance. Acceptance of performance means the provision of the License;
8.2.8 in relation to the Operator, the User shall not incur any costs for the use of remote means of communication;
8.2.9 the data on the conclusion of the Agreement, including these Terms of Service, are stored in the database of the Application and the User has access to them via an e-mail message sent by the Application to the User at the e-mail address entered by the User after the User account has been created;
8.2.10 The User has the possibility to detect errors by checking the User Account;
8.2.11 Correction of data entry errors can also be made through the Application and, where the Application does not allow it, through technical support, whose contact details are provided in the Application;
8.2.12 The Operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
8.2.13 The Operator does not use any means of out-of-court dispute resolution;
8.2.14 the subject matter of the Contract is not the delivery of goods, so the Application is not subject to the provisions of the Complaints Act; liability for manifest or latent defects in the Application which the Application had at the time it was made available to the User may be asserted against the Operator under the terms of the Act, the Contract and these TOS;
8.2.15 The User is obliged to comply with these TOS, which are also part of the Contract, and the valid and effective legislation of the Czech Republic;
8.2.16 The user may lodge a complaint with the supervisory authority or the state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
9.1 These TOS, as well as the Contract, are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
9.2 Any disputes arising under the Agreement and/or these TOS shall be decided by the courts of the Czech Republic having jurisdiction in the matter and place.
10.1 These TOS shall come into force and effect on 1 November 2021.