Legal information

KONTROLKA TERMS AND CONDITIONS & DATA PRIVACY POLICY


Welcome to Kontrolka website! By using the Kontrolka Website you agree to these Terms and Conditions that create a contract between you (natural person or legal entity) and Kontrolka s.r.o., Co. Reg. No.: 054 01 852, with its registered office at Michelská 18/12a, Michle, 140 00 Prague 4, Czech Republic, represented by MgA. Ondřej Velebný, managing director, the company registered by the Municipal Court in Prague under the file No. C 322859.

Please read the Terms and Conditions carefully, as they contain important information about the limitations of liability, governing law and jurisdiction. By using this website you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you have questions about these Terms and Conditions, please call the KONTROLKA Customer Support: +420 731 158 609 (operator intra/international calling rates may apply).

IF YOU ARE NOT OLDER THAN 18, DON NOT UNDERSTAND AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO ACCESS AND USE THIS WEBSITE.

DEFINITIONS:

In these Terms and Conditions, unless otherwise stated herein, the words and expressions below must be defined as follows:

„Affiliate“ means an entity that directly or indirectly controls, is under the control of, or is under the common control with KONTROLKA;

„Authorised Person“ means an authorised representative authorised to act for and on behalf of User and/or any other individual expressly authorised in written by User;

„Content“ means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on the Website provided by KONTROLKA, including Marks;

„Day“ means calendar day; if an act must be done on a specified day which is not a business day, it must be done instead on the next business day;

„Mark“ means trademark, trade name, service mark, trade dress, logo, commercial symbol, custom graphics, or icon;

„Privacy Policy“ means the KONTROLKA policy which governs your use of the Website, and is defined under the Section 3. of these Terms;

„KONTROLKA“, „Kontrolka“, „we“, „us“ means Kontrolka s.r.o., Co. Reg. No.: 054 01 852, with its registered office at Michelská 18/12a, Michle, 140 00 Prague 4, Czech Republic, represented by MgA. Ondřej Velebný, managing director, the company registered by the Municipal Court in Prague under the file No. C 322859;

„KONTROLKA Customer Support“, „KONTROLKA Contact“ means the KONTROLKA hotline available on the following phone number: +420 604 246 252 and the following email address: info@kontrolka.cz.

Terms“ means present Terms and Conditions consist of Terms of Use, which apply to your visit to and your use of the Website as well as to all other information and/or services provided to you on or through the Website; by using Website you agree the presented Terms and the terms of our Privacy Policy;

User“, „you“ means an individual (natural person at least 18 years old or legal entity);

Website“ means www.kontrolka.cz and any mobile website;

Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning in these Terms.

ACCEPTANCE AND AGREEMENT BETWEEN YOU AND KONTROLKA This Website is offered to you conditioned upon your acceptance without modification of all the Terms set forth herein. By using this Website you agree to these Terms that create a contract between you (natural person or legal entity) and KONTROLKA and regulate mutual rights and obligations of the parties when using the KONTROLKA Website and other rights and obligations set forth herein.

You are bound to these Terms.

  1. USE OF THE WEBSITE

Your use of the KONTROLKA Website and other related services and information provided by us or any third party designated by us to you, excluding any services provided to you by us under a separate written agreement, is subject to these Terms which are a binding agreement in the relationship between the User and us when calling up Website and to any other terms applicable to you from time to time, including but not limited to, KONTROLKA’s Privacy Policy.

Insofar as special conditions deviate from the Terms for individual use of the Website, this will be expressly indicated at the relevant place of the Website. Such special conditions of use will then also apply in each individual case. In case of conflict between these Terms and other supplemental terms or special conditions applicable or disclosed to you during the use of Website, these Terms shall prevail.

This Website contains data and information of all kinds, which are protected by trade mark and/or copyright law in favour of KONTROLKA, or in individual cases also in favour of third parties. It is therefore prohibited to download, copy or distribute the Website Content in its entirety or in individual parts, if otherwise permitted herein. Technically limited copying for the purposes of browsing is permitted, provided this is not for commercial purposes, as well as long- term copying for one’s own use.

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with these Terms;
  4. you will only use this Website for your own purpose or for another person for whom you are legally authorised to act;
  5. you will inform such other persons for whom you are legally authorised to act about the Terms that apply to the use of the Website you have made on their behalf, including all rules and restrictions applicable thereto;
  6. all information supplied by you on this Website is true, accurate, current and complete.

In case you are legal entity, you warrant that you are authorised to and you have all permissions required to operate your business according to the applicable law.

We retain the right at our sole discretion to deny access to anyone to this Website at any time and for any reason, including, but not limited to, for violation of these Terms.

The Content and information provided on the Website as well as the infrastructure used to provide such Content and information, is proprietary to us or our cooperatives or Affiliates. While you visit this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re- sell any information, or products obtained from or through this Website. Additionally, you agree not to:

  1. access, monitor or copy any Content or information of this Website using any robot or any other automated means or any manual process for any purpose without our express written permission;
  2. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  3. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  4. link to any portion of this Website for any purpose without our express written permission; or
  5. „frame“ or otherwise incorporate any part of this Website into any other website without our prior written authorization.

You are entitled to use the Website to browse and view the Content that may vary time to time.

A link may be made to this Website, provided that it serves only as cross-reference permitted by KONTROLKA in writing. KONTROLKA retains the right to rescind such a cross-reference permission. Knowingly linking to an unauthorized posting of a copyrighted Website Content without KONTROLKA written consent shall be regarded as infringement of the exclusive right of KONTROLKA.

KONTROLKA assumes responsibility for the Content of the Website provided by KONTROLKA only, unless otherwise stated herein. Any references and links to the Websites of third parties do not mean that KONTROLKA is responsible for the content behind such a reference or link, even if permitted. KONTROLKA has no influence upon the content contained behind such a link. KONTROLKA is therefore not liable for unlawful, erroneous or incomplete content and for damages that may be caused by use of content behind the link.

Use of the internet is at the User’s own risk. KONTROLKA is not liable in particular for technically- related failure of the internet or access to the Internet that may result in discontinuation.

The internet and mobile network charges may apply in case of viewing the Website and you are entirely responsible to pay such charges.

KONTROLKA retains the right and you hereby acknowledge KONTROLKA right to amend these Terms from time to time and to adapt them for technical or legal developments in its sole discretion. In the event of the partial invalidity of any amendments or individual regulations of the Terms, the overall validity of the Terms remains unaffected. Amendments shall be effective 30 Days upon KONTROLKA’ s posting of such amended Terms in full extent at this location.

The Content provided does not constitute an offer or a solicitation of an offer for the purchase or sale of any goods and/or services and should not be used for the purpose of any investment decision concerning share or securities of KONTROLKA.

Visitors to the Website other than Users are provided to access to freely available Website content only.

  1. COPYRIGHT AND TRADEMARK NOTICE

All Contents of this Website are (c) 2019 Kontrolka s.r.o. All rights reserved. KONTROLKA, Kontrolka s.r.o., Kontrolka.cz, KONTROLKA logo and all logos published via Website are either registered trademarks or tradenames of KONTROLKA and/or other Affiliates.

The Content and all rights therein are and shall remain KONTROLKA’s property or the property of KONTROLKA’s licensors. Neither these Terms nor your use of the Website convey or grant to you any rights: (i) in or related to the Content; or (ii) to use or reference in any manner KONTROLKA’s company names, logos, product and service names, trademarks or services marks or those of KONTROLKA’s licensors.

If you are aware of an infringement of our Content, please let us know by email at KONTROLKA Customer Support.

  1. PRIVACY POLICY

You agree to be bound by this Policy in your use of the Website’s Content. To the extent permitted by law, KONTROLKA, its Affiliates, officers, employees, representatives and consultants expressly disclaim all and any liability arising from any information loaded onto the Website as Content and resulting from any actions taken in reliance on the Content, and are not responsible for any error or omission from the Content.

KONTROLKA may require that access to the Website will be subject to the disclosure of personal information by the User in accordance with the Personal Data Protection Act, GDPR or other Acts, if any, as amended. In this case KONTROLKA will use this information in compliance with the statutory provisions. The Website is administered by KONTROLKA and as such governed and conducted in accordance with Czech Law.

What information Kontrolka collects about you and why:

We only process personal data of our users in case it is necessary to function our Website, our Content and services. The processing of any personal data of any user occurs only after Kontrolka has been given consent to such processing. An exception applies in those cases permitted by the law. Mainly we may collect four types of information, if applicable:

  1. Personal data needed to create and maintain your account
  2. Personal data provided by contacting us through our Website

A detailed list of Personal data needed to contact us through the Website, and why we collect it (optional):

When you want to send us a message through query that may be found on the Website, if in function, we ask for the following details: Your name, email address and name of the company (if one exists; optional). We store and use the data thus collected in order to be able to send you a response. When you contact us, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

When the Website is being used, certain data known as “Usage data” is always created.

Whenever you visit the Website or send us emails, the device you are using communicates through the Internet with our servers designed to receive the data concerned, or on which the relevant content is stored. When this happens, so-called log files are created on our servers that collect certain impersonal usage data – such as the operating system used on your device, the type of browser and any version used, the start and finishing time of each session on the Website, and the volume of data transmitted. The IP address allocated to your device at the time is stored.

The log files that are created do not contain any Personal data. We use the log files solely to help us analyse and remedy faults affecting the availability of our servers, and for the purpose of statistical analysis. This also applies for the IP addresses contained in the log files. The data is also stored in the log files of our system.

KONTROLKA may cooperate with entities which provide KONTROLKA with a variety of services. These entities, so far they are authorised to do so, may use the User’s personal data on condition that they use such information only to carry out their duties and may not use it for any other purposes. KONTROLKA does not sell, transfer or communicate User’s personal information to third parties. Nevertheless, KONTROLKA reserves the right to use or transfer any information as may be necessary to comply with statutory provisions, ensure protection of network integrity, meet the User’s requirements, or comply with disclosure requirements for information that must be disclosed in the case of judicial investigation or investigation in the public interest.

As a rule, Kontrolka employees do not monitor or view your Personal data stored, but it may be viewed in the following cases:

  1. If we believe our Terms of Service have been violated and confirmation is required.
  2. If we need to do so in order to respond to your requests for user support, or we otherwise determine that we have an obligation to review it as described in our Terms of Service.
  3. Your Service data also may be viewed where necessary to protect the rights, property or personal safety of Kontrolka and its users, or in order to comply with our legal obligations, such as responding to warrants, court orders or other legal process.

One example of possible use of your data is due to statistical analysis, where data of all users will be aggregated and analyzed as one. Your Service data will thus not be linked to you. We use the results of this analysis to provide, maintain, protect and improve our Service, as well as to develop new features and products.

Cookies are information files that are transferred from a Website to the hard drive of the User’s computer. Cookies enable the Website to remember relevant information that will make the use of the site more convenient for the User. Like most websites, Website uses cookies for a variety of purposes. For example, KONTROLKA tracks total number of visitors to this Website on an anonymous aggregate basis. A User should use the options in his Web browser, if the User does not wish to receive a cookie or if the User wishes to set his browser to notify him when he receives a cookie. If the User disables all cookies, he may not be able to take advantage of all the features of this Website.

The Personal data will be deleted as soon as the data is no longer necessary to achieve the purpose for which the data were collected. In the case of the collection of data for the provision of the Website, this will happen when the respective session has ended.

On request, we will be pleased to inform you at any time whether we have stored any of your Personal data, and if so which. You can also demand at any time that we correct, block or erase your Personal data; to do this, please contact us by email at info@kontrolka.cz. The only data excluded from erasure is that needed for completing any outstanding tasks or for asserting claims or rights to which we are entitled, and data that we are required to retain by law; this data will be blocked.

On the Website or on the application, hyperlinks to the websites of other providers who are not associated with ourselves (“Third Parties”) may be installed. If you click on these hyperlinks, we have no further influence over the data that is collected by the Third Party or how the data is used. Exact details on the data collected and used there will be found in the respective provider’s privacy policy. Since the collection and processing of data by Third Parties are obviously beyond our control, we cannot assume any responsibility in this respect.

Questions, comments, complaints and requests regarding this Privacy Policy certification should be addressed to us by e-mail: info@kontrolka.cz.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

By using this Website, you expressly agree that you assume total responsibility and risk for your use of the Website, and your reliance on the Content is at your sole risk. KONTROLKA does not assume any responsibility for and is not liable for any such risk.

Any Content that may be provided as information or statement is based on KONTROLKA´s expectations, estimates, projections and/or assumptions made by KONTROLKA in light of an information available at the time such information or statement was provided. KONTROLKA is under no obligation to update such written statement or information if conditions change or that unexpected occurrences happen to affect the statement afterwards. Any information of any other party shown in the Website does not create a guarantee of performance and may involve an uncertainty. Although KONTROLKA believes that the expectations represented by such information or statement are reasonable, there can be no assurance that such expectations will prove to be correct and KONTROLKA does not warrant such information or statement to be correct. Except as required by the law, KONTROLKA disclaims any obligation to revise and/or to publicly update any information and/or statement provided by any third party made available on the Website.

Information, software and Services published on the Website may include inaccuracies or errors. KONTROLKA shall not be regarded as a professional in respect of any information provided on the Website. KONTROLKA does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and/or description of the services of any third parties displayed on this Website. KONTROLKA incurs no liability for any incomplete or incorrect information available on the Website, including, without limitation, the pricing, photographs, list of amenities, product descriptions, etc. In addition, KONTROLKA expressly reserves the right to correct any errors on the Website at any time without prior notice.

KONTROLKA shall not be liable for any direct, indirect, incidental or consequential Damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions and/or ratings appearing on this Website), even if KONTROLKA advised of the possibility of such Damages.

KONTROLKA makes no representations about the suitability of any information or third party’s content available on the Website for any purpose. Offering of any products and/or services through this Website does not constitute any endorsement or recommendation of such products and/or services by KONTROLKA. All Content and Services are provided „as is“ without warranty of any kind. KONTROLKA disclaims all warranties that this Website, its servers or any email sent from KONTROLKA and/or from third parties linked to the KONTROLKA Program are free of any harmful components. KONTROLKA hereby disclaims all warranties with regard to the Content, including all implied warranties of merchantability, fitness for a particular response, title and non- infringement.

Any third-party entity publishing or otherwise promoting its services on the Website is independent contractor and is not an agent or employee of KONTROLKA. KONTROLKA is not liable neither for the acts, errors, omissions, representations, warranties, breaches or negligence of any third party, nor for any Damages resulting there from. KONTROLKA has no liability and will not refund any delay, cancellation, overbooking, strike, force majeure and/or other causes beyond its direct control, and it has no responsibility for any additional expenses, omissions, delays or acts of any government or authority.

If, despite the limitation above, KONTROLKA shall be found liable for any loss or Damage which arises out of or in any way connected with any of the occurrences described above, then the liability of KONTROLKA will in no event exceed, in the aggregate, the EUR 100, – (in words: one hundred Euro) or the equivalent in local currency. Such limitation of liability reflects the allocation of risks between KONTROLKA and User.

The limitations specified in this section of the Terms will survive, if not otherwise stipulated by the law on consumer protection, and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

  1. INDEMNITY

You agree to indemnify KONTROLKA and/or its Affiliates, suppliers and/or any of their officers, directors, employees and/or agents from and against any claims, causes of action, demands, recoveries, losses, Damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.
  4. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and the contractual relation as such shall be exclusively governed by the laws of the Czech Republic, without regard to the conflict of laws principles.

Any disputes arising from these Terms or in connection therewith shall be subject to the exclusive jurisdiction of and shall be finally resolved by the courts of the Czech Republic. In case the User has no general jurisdiction in Czech Republic, the jurisdiction is in Prague, Czech Republic.

You agree to give us an opportunity to resolve any disputes or claims relating KONTROLKA, any dealings with Kontrolka, any representations made by us, or our Privacy Policy („Claims“) by contacting KONTROLKA Customer Support. If we are not able to resolve your Claims within 60 days, you may seek relief as set forth herein.

At least 14 Days prior to filing any judicial proceeding a party intending to initiate such a judicial proceeding must notify the other party in writing of the notice of the dispute.

  1. SEVERABILITY

If the whole or any part of a provision of these Terms shall be held to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, the validity, legality and enforceability of the remaining provision shall not in any way be affected or impaired thereby. The provision set forth under the Sections 3-6 will survive termination or expiration of these Terms.

These Terms expressly supersede prior agreement or arrangements with you.

  1. IMPRINT
  2. Kontrolka s.r.o
    Michelská 18/12a
    140 00 Prague 4
    Czech Republic

    registered by the Municipal Court in Prague under the file No.: C 322859 Company registration No.: 054 01 852
    VAT Registration No.: CZ05401852

    Branch office: Ústí nad Orlicí

    Nygrína 334
    562 01 Ústí nad Orlicí

    Czech Republic 

    Email: info@kontrolka.cz

    info Last revised in Prague on December 2019. © 2019 Kontrolka s.r.o. All rights reserved.