General Terms and Conditions for Provision of Services
via the mobile application BETCOMANDO
The General Terms and Conditions for Provision of Services (hereinafter referred to as the “Terms“) apply to contracts negotiated via the mobile application BETCOMANDO (hereinafter referred to as the “Application”) between
with registered office at Harmonická 1384/13, 158 00, Praha 5 - Stodůlky,
Corporate ID No: 72860791,
registered in the Register of Trades maintained by the Municipal Authority of Prague 13
Delivery address: Filip Domorád, Harmonická 1384/13, 158 00, Praha 5 - Stodůlky
as the provider
and you as the user
1. GENERAL PROVISIONS
1.1. By the contract on provision of the services, we undertake to deliver you the services as specified in your order, whereas you undertake to pay the whole price for such services as specified in the order. The price for the services (or only the “price”) includes also any costs connected with the delivery of the services and any fees relating to the chosen method of payment. You will be informed about the above mentioned costs prior sending the binding order.
1.2. What kind of services do we provide?
Our service comprises sending tips on the results of football matches around the world (hereinafter referred to as the "tips") to you, as the user, in exchange for credits, which you buy from us within the service. The sent tips are only recommendatory in nature and we are not responsible for any damage incurred, whether directly or indirectly, by the use of any improper tip or any information from our Application.
For the use of the provider’s services the user must be older than eighteen years of age and must have full legal capacity.
By accepting the Terms the user declares that he is fully aware of his/her situation (particularly the financial situation) and that he/she approaches the use of the Application with such awareness in mind.
It is forbidden to disseminate any information (tips) provided by the provider within the service. In case of violation of this prohibition, the user account of such user will be cancelled without any refund and it is considered a fundamental breach of contract and the Terms. The user is responsible to the provider for any damages incurred by such violation.
1.3. Does the contract on provision of the services cover only the provision of the services?
The contract on the provision of the services (or only the “contract”) states also for any contract concluded under the Terms, i.e. it could also mean the purchase contract.
1.4. Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are a natural person and your order of the services is not connected to your business activities or your independent practice of your profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms. Especially as a non-consumer you do not have a right to withdraw from a contract.
1.5. What rights do you have as a consumer?
As a consumer you have especially:
- the right to withdraw from the contract negotiated by the means of distant communication (article 5 of the Terms);
- the right to obtain information before entering into the contract (the information are provided in the Terms or in the Application);
- the right to alternative dispute resolution (article 8.3. of the Terms).
1.6. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- the Terms, which define and specify our mutual rights and obligations;
- the Warranty Claim Guidelines which we will follow in case of any warranty claims of the services;
- any conditions and instructions stipulated in the Application, especially when concluding the contract;
- the order and its acceptance from our side;
and in any matters not covered by the Terms by the following legislation:
- Act no. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.7. How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms by confirming of the Terms in the Application and also by paying for the services.
The Terms can be changed or amended. Your rights and duties are governed by the wording of the Terms effective at the time of their origination.
2. THE CONTRACT ON THE PROVISION OF THE SERVICES
2.1. How do we conclude the contract on the provision of the services?
In our Application you can see a list of services including the description of main characteristics of such services. For each service the price is stated, including all taxes, customs duties and fees. The presentation of the services is our offer to conclusion of the contract in compliance with Section 1732 par. 2 of the Civil Code. For concluding the contract it is necessary that you send an order by clicking on the button “Pay” and concurrently the payment for the ordered services (which represents your acceptance of our offer).
2.2. How to submit an order?
You can always submit an order via the Application by choosing a particular number of credits you wish to order, or by any other way currently allowed in the Application.
Before sending a binding order, you will be given a recapitulation of your order, particularly the number of ordered credits, including the final price (depending on your chosen method of payment). We recommend you to check the type and quantity of the services and your email address. Please note, that within recapitulation you have the last chance to change the inserted information.
You are submitting the binding purchase order by clicking the button „Pay“. We consider the data in the binding purchase order as correct and complete. In case of any change, please, inform us without undue delay via email or telephone.
2.3. When is the contract concluded?
The contract on the provision of services is concluded as of the moment you pay for the ordered services. The order including the confirmation of the payment made, will be sent to your email address, including the valid Terms.
Information about the particular technical steps leading to a conclusion of the contract are available in the Application.
2.4. Is it possible to cancel an already sent order?
All sent and paid orders are binding. Later cancellation of the order is possible only by an agreement with us. If you cancel an order of the services, among which it is not possible to withdraw from the contract (see article 5), we are entitled to claim the reimbursement of the costs already expended by us to that time.
2.5. Is it possible that the price showed in the Application will be changed?
Prices of the presented services remain valid as long as they are showed in the Application. Potential discounts from the price cannot be combined, unless it is explicitly stated otherwise in the Application.
In case a wholly obvious technical error regarding the price occurred in the Application or within the order process, we are not obliged to provide you the services for this wholly obvious incorrect price, not even in the case you already paid the price (therefore the contract was concluded). In such a situation we reserve the right to withdraw from the contract.
If the price of the services showed in the Application or within the order process is not actual, we will inform you in such respect without undue delay. If you have not paid the price yet, we are not obliged to conclude the contract.
2.6. Is it possible to obtain the contract on the provision of the services in a text form?
Contract on the provision of the services is not concluded in writing form with the signatures of the contracting parties. The contract on the provision of the services consists of the Terms, our offer of the services in the Application and your order of the services provided the order is paid. The entire contract will be sent to you via email or upon your request printed via mail. In case of sending it via mail, you can be asked to cover the costs connected to it.
2.7. What if you don't understand something in the contract?
In case of any questions about the Terms or about the contract, you can contact us by telephone or via email. We will be happy to provide you with the needed information.
2.8. In what languages is it possible to conclude the contract?
The contract is possible to conclude in the Czech or English language, unless we explicitly agree on any other language.
2.9. Is the contract of sale saved anywhere?
The contract (including the Terms) is maintained by us in an electronic form. The contract is not accessible to third parties, but we will send it to you upon your request.
3. PAYMENT CONDITIONS
3.1. What payment methods are accepted?
The price for the services can be paid via the payment gateway Global Payment (instructions are available in the Application)
Any other payment methods are stated in the Application.
Some payment methods may include extra fees. These fees are stated in the Application. The final price including the fees connected with the payment method will be always stated before sending the payment.
3.2. When is the price due?
The price for the ordered services is due as of the moment of sending the order. Your obligation to pay the price via non-cash transfer is fulfilled as of the moment we receive the respective payment on our bank account.
3.3. In what currency can you pay?
Payment is possible in Czech crowns (CZK).
3.4. When we may ask for a deposit or a payment in advance?
We will not require any deposit for the payment for the services. The whole price for the services is always due as of the sending of the order and the ordered services are always paid before their delivery.
4. DELIVERY CONDITIONS
4.1. How do we send the goods?
The ordered services in the form of credits will be delivered to you without undue delay after the payment is made, but no later than 48 hours from crediting the payment on our bank account, except in the situation as described in Article 5.2. of the Terms, when the credits will be delivered to you when the period of 14 days after the payment of the price lapses. Services in the form of credits will be delivered to you in a way that the ordered and paid number of credits will be credited to your user account.
As of the moment of crediting of the credits to your user account, you can apply the credits by selecting the days in the calendar in which you want to receive our services in the form of the tips. The calendar is accessible in your user account in the Application.
For receiving the services in the form of tips it is necessary to confirm the selection of the days in the calendar by pressing the "Confirm" button below the calendar. Before the press of the button, we recommend you checking the selected days. The selected days in the calendar cannot be changed after the confirmation. Other days (even in the same month) can be selected and confirmed only after the days, on which you have already selected and confirmed the sending of the tips, will pass. The selection of a particular day in the calendar shall be made no later than 48 hours before its beginning (00:00 am of the particular day).
All your selected days will instantly appear in your calendar in your user account.
Your ordered services in the form of tips on the results of football matches will be always delivering to you during the day you have chosen and confirmed in your calendar by displaying them in your user account in the Application through the notifications. The number of the delivered tips can differ every selected day, particularly in relation to the number of football matches taking place that day. However, we send weekly at least 10 notifications. Details are given in the Application.
Possible costs of the delivery of the services will be stated in the order and will be part of the final price for the services.
5. WITHDRAWAL FROM THE CONTRACT
5.1. Can you withdraw from the contract?
By expressing your consent with the Terms in the order you in the same time expressly agree that the services under the Terms will be delivered to you before the statutory period of 14 days from the conclusion of the contract lapses, and you are therefore acquainted with the fact, that in such a case you do not have the right in accordance with Section 1837 of the Civil Code to withdraw from the contract.
5.2. Can you somehow withdraw from the contract?
In case you do not agree in the Application with the procedure under Article 5.1. of the Terms, you can withdraw from the contract within 14 days from the date of conclusion of the contract. Please note, that when using this option, the services will be delivered to you after the above stated period lapses, provided that you will now withdraw from the contract within such period. We advise you to send the notice of withdrawal from the contract to our postal address or e-mail. You can use our template form for the withdrawal from the contract. We will confirm you the acceptance of your notice of withdrawal without undue delay. You can withdraw from the contract without stating any reason.
5.3. What are the consequences of the withdrawal?
By withdrawal the contract is cancelled from the beginning and is considered as never concluded.
If the gift was provided together with the services, such a donation contract is void as of the withdrawal from the contract by any of the parties.
5.4. When do you get your money back?
In case of the withdrawal from the contract we are obliged to return you the money we have received from you in connection with the contract. We will refund you all the received money within 14 days from the withdrawal from the contract (i) by the same way as we have received them, or (ii) by the way you will require.
Among the above stated methods, we can always refund the money also to the bank account you provided us, or the bank account from which the price was paid (should you not provide us with any bank account within 10 days from the withdrawal). By accepting the Terms you express your consent with sending the money as stipulated in the previous sentence, if no other costs will be caused to you.
5.5. Should you withdraw from the contract and we have already started, upon your express request before the end of the period for withdrawal from the contract, with the provision of the services, you will pay us a proportionate part of the price for the services already provided till the withdrawal from the contract.
5.6. The credits for which applies your withdrawal from the contract will be removed from your user account.
5.7. When we can withdraw from the contract?
We reserved the right to withdraw from the contract in the following cases:
- the wholly obvious wrong price of the services occurred in the Application due to a technical error (article 2.5 of the Terms);
- the services cannot be provided under the original terms due to objective cause;
- the performance becomes objectively impossible or illegal;
- you violate the prohibition under article 1.2. of the Terms.
Should any of the above mentioned situations occur, we will inform you about our withdrawal from the contract without undue delay. The withdrawal is effective upon the delivery to you.
If you have already fully or partly paid the price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money are returned within five days from the withdrawal from the contract.
6. RIGHTS FROM THE DEFECTIVE PERFORMANCE
6.1. Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines. Before sending a warranty claim, please, acquaint yourself thoroughly with the Warranty Claim Guidelines in order that your claim could be processed as quickly as possible and to your satisfaction.
7. COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE
The content placed in the Application (texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute nor use for any purpose without our consent or a consent of a copyright holder. In particular it is forbidden to make available either paid or free of charge any photos and texts placed in the Application.
The names and designations of products, goods, services, firms and company names can be registered trademarks of their respective owners
7.1. How will we proceed when violation of copyright occurs?
In case of failure to observe the above stated prohibitions we will proceed in accordance with the Act no. 121/2000 Coll., the Copyright Act, as amended.
Operator as the copyright holder has especially the right to seek to refrain from interference in his copyright and require the removal of an unauthorized copies of the protected content.
We also have the right to seek an adequate compensation for caused harm.
7.2. Please note, that by clicking on certain links in the Application you may exit the Application and be redirected to an applications or websites of third parties.
7.3. We are not liable for errors originating due to interference of third persons into the Application or due to its use contrary to its purpose. While using the Application you cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system; further you cannot exercise any activity, which could allow you or a third person to unlawfully interference or unlawfully use the software or any other parts constituting the Application and to use the Application or its parts or the software in a way, that would be contrary to its designation or its purpose.
7.4. We cannot guarantee an uninterrupted access to the Application nor safety and security of the Application. We are not responsible for any damage caused when accessing and using the Application, including any damages incurred within downloading any data published in the Application, a damage caused by disruptions of operation and malfunction of the Application, by computer viruses, a damage due to loss of the data, income or unauthorized access to transmissions and data.
7.5. If you commit any illegal or unethical behaviour during the use of the Application, we are entitled to restrict, suspend or terminate your access to the Application without any compensation. In this case you are obliged to pay us a damage, which we clearly incurred due to your acts under this paragraph, in full amount.
8. FINAL PROVISIONS
8.1. What permissions do we have for the performance our activities and who controls us?
We are a holder of a trade licence for the provision of the services. Our activity is not subject to any other permissions.
Trade control is carried out by the respective Trade Office within the scope of its competency. The Czech Trade Inspection performs a control of compliance with the consumer protection legislation (http://www.coi.cz/). The Consumer rights advocates also their interest groups and other entities designated to their protection.
8.2. How do we handle the complaints?
We handle any complaints via our contact email. Furthermore, you can contact the bodies referred to in article 8.1. In relation to our customers, we are not bound by any codes of conduct, nor do we follow any of them.
8.3. What rights may you exercise in dispute arising from the contract?
If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
8.4. What else you should know?
When concluding the contracts the means of distant communication are used (especially the Internet). Costs incurred by the use of such means of distant communication (mainly the cost of internet or phone calls) are paid by yourself. These costs do not differ from the ordinary rate (depending on the state, where you are, respectively where you use the means of distant communication).
Unless agreed otherwise, all correspondence between us related to the contract is in writing, either by sending an SMS, e-mail, registered mail or by personal delivery. We will communicate with you either to the email address or your phone number as specified in your user account.
Should it be the case that any provision of the Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract (including the Terms) can be changed or amended in writing only.
The Terms are valid and effective as of 01.06.2018.