General terms and conditions for users

1. DEFINITION OF TERMS

  • Application - the mobile application Tapito, created by the Provider for mobile devices and offered over various distribution channels, i.e., in particular, the iTunes and Google Play stores, on which the Campaign will be run.  Supported operating systems and versions are specified at www.tapitoapp.com.
  • Original Work – any work within the meaning of the Copyright Act (Act No. 121/2000 Coll., as amended).
  • Civil Code – Act No. 89/2012 Coll., the Civil Code, as amended.
  • Commercial Message - any form of communication, including advertisements and the enticement to visit certain websites, designed to directly or indirectly promote certain goods or services or the Vendor's image.
  • Vendor – any entity who via the Application publishes advertisements and Commercial Messages and promotes their own goods and services.
  • Provider – TapMedia s.r.o., with its seat at Růžová 1416/17, Nové Město, 110 00 Prague 1, Identification No. 03853365, a company entered in the Commercial Register kept by the Prague Municipal Court in Section C, File No. 238821.  The Provider is the owner and creator of the Application.
  • Registration – the process of entering the User's particulars in the signup form on the Provider's website: www.tapitoapp.com or directly in the Application, and confirming the submission of the form to the Provider.
  • Registration Details – the User's email address, sex, and age.
  • Service – means the service available through the Application by which (i) Users are being provided with articles, information, and Commercial Messages, (ii) registered Users are being provided with articles, information, and Commercial Messages depending on the choices made by the User in the settings of the Application, their sociodemographic particulars, their current location, or their shopping preferences, (iii) registered Users are being enabled to manage their favorite articles and information, (iv) Users are being offered for their enjoyment a broad range of marketing offers by Vendors, in each case being implemented through the Application.
  • Agreement – means the license agreement and the agreement on the use of the Application by the User and on the provision of the Service, made between the User and the Provider in the manner set out in Article 2.3 of these T&C.  These T&C form an integral part of the Agreement.
  • Software – means any and all of the following works: (i) the Application, including all its individual parts and elements, (ii) the code and database needed to operate the Tapito Application, (iii) the Application's website: www.tapitoapp.com, including all its individual elements such as graphics, text, page layout, images, and audio works or audiovisual works published on the said website.
  • User - a natural person or legal entity who enters into the Agreement with the Provider.
  • User Account – the account of the User, created by registering within the Application or on the website www.tapitoapp.com.  Login into the User Account is possible with the login details, i.e., user name and password.  The User obtains these login details by way of Registration for an account or by way of linking the User Account to a Facebook or Google+ account of the User's choice.
  • T&C – these General Terms and Conditions.

 

2.  AGREEMENT

2.1. These T&C govern the legal terms and the relationship between the Provider and the User of the Application.

2.2. These T&C represent the complete and final understanding between the Provider and the User regarding the subject matter hereof, and replace and supersede any other oral or written agreement in the same matter.

2.3. By installing the Application on their mobile device, the User enters into an Agreement with the Provider, the contents of which are formed by these T&C and any related documents to which reference is being made in the T&C.  By installing the Application, the User confirms that they have familiarized themselves with the T&C and undertakes to observe them. 

2.4. The subject matter of the Agreement is to grant a license to the User subject to the terms of these T&C, and to enable the User to use the Application, including the Service. 

2.5. To the applicable extent, these T&C are binding also upon visitors of the website www.tapitoapp.com who, by using the website, express their consent and agree to observe these T&C.

2.6. The Application may be installed, and the Service may be used, free of charge. 

 

3. REGISTRATION AND USER ACCOUNT

3.1. A part of the Service requires successful prior Registration to be used to the full extent.  The User takes due note of the fact that in the opposite case, certain features of the Application will not be available. 

3.2. Registration entails the provision of basic Registration Details about the User.  These details may be entered in the registration form or provided by linking the User Account to a Facebook or Google+ account.  As an non-negotiable part of the Registration, the User must give consent to the processing of their personal data in accordance with Article 6 of these T&C.

3.3. Users must always provide truthful information about themselves.  This also applies if the Registration Details are provided by linking the User Account to an account in another social network. 

3.4. The Provider may at any time deny anyone the possibility to perform the Registration and create a User Account.

3.5. User Accounts may be cancelled at any time.  Cancellation of the User Account by the User must be carried out via the settings/configuration menu of the User Account.  Other requests to close down the User Account which reach the Provider via email, regular mail, or phone will be ignored. 

3.6. The Provider may at any time cancel the User Account, i.e., in particular on grounds of a breach of these T&C by the User or because the User revoked their consent with the processing of personal data. 

3.7. Upon cancellation of the User Account, the User forfeits their right to demand any compensation from the Provider, as well as their right of access to the Service, and any and all content which the User stored or created within the context of the Service.  This is without prejudice to the User's option to use the Application to a limited extent as an unregistered User. 

 

4.  HYPERLINKS TO THIRD-PARTY WEBSITES

4.1. The Application contains links to the websites of Vendors.

4.2. The Provider bears no responsibility for the contents of, or the opinions expressed on, such websites.

 

5.  AUTHOR'S RIGHTS

5.1. The Software represents an Original Work.  All rights pertaining to the Software are exercised by the Provider alone. 

5.2. The Provider grants non-exclusive, non-transferable license to the User regarding the content of the Application (but not its design, the original idea, or the know-how), for the ordinary intended purpose.  The scope of the license is not limited in number, place, or time.  The Parties have agreed that the license will be granted free of charge. 

5.3. The User may use the Software free of charge, but only for its personal needs, whereas the User may use the Application for free by installing it on the User's mobile device. 

5.4. All rights to the Software are reserved.  In particular, the User is barred from any of the following unless they have first obtained the express consent of the Provider:

  • granting sublicense to another person or assign the rights pertaining to the Software, or otherwise making the Software available other than as follows from its standard use, within the limits drawn by this Article;
  • making copies of the Software with the intention of its further distribution; distributing the Software or otherwise passing it on to third parties, renting or lending the Software;
  • decompiling, customizing, processing, translating, or otherwise modifying the Software or any of the individual programs and databases which are included in, or used by, the Software, and be it for the purpose of removing faults (debugging);
  • merging the Software with other works, or incorporating it in a collection of works;
  • analyzing, deconstructing, or otherwise tampering with the source code of the Software or any its parts;
  • using the Software to develop derivative applications or works to be used by or distributed to any third parties, be it wholly or in part, whether as standalone products or components of a package;
  • marketing the Software under their own name and brand.

5.5. The User undertakes to refrain from any activities, regardless of whether performed manually or automated, and whether performed by the User or by a third party at the User's instigation, which is aimed at mining or otherwise utilizing any database that forms a part of the Software, or at facilitating the use of the substance of the Service for other than private purposes. 

5.6. By installing the Application, the User authorizes the Provider, without any geographic restriction, to use the data and content provided by the User for the purpose of operating the Service. 

 

6.  PROTECTION OF PRIVACY

6.1. Use of the Application is conditional upon giving consent with the processing of personal data. 

6.2. All pertinent information, including the scope and manner of processing personal data, is set out in the document Privacy Policy of TAPITO, which by virtue of this reference forms an integral part of these T&C.

6.3. If the User revokes their consent with the processing of personal data, then their User Account will be automatically cancelled.

6.4. All registration and login procedures are conducted via secure HTTPS protocol.  The  certificate authority issuing the certificate is Thawte (www.thawte.com).

 

7. DISTRIBUTION OF COMMERCIAL MESSAGES

7.1. One of the supplementary features of the Service consists in distributing and making accessible the Vendors' Commercial Messages directly within the Application or (in the case of registered Users) sending them to the email address which the User provided during Registration. 

7.2. By way of their Registration, the User agrees that the Provider may send messages to the email address provided by them which have the character of Commercial Messages offering the products or services of Vendors. 

7.3. The consent referred to in the preceding paragraph also extends to the display of Commercial Messages of Vendors by the Provider directly within the Application using "Push" technology, i.e., delivery of the message or notice to the mobile device is initiated by the central server.

7.4. Registered Users may qualify their consent with being sent Commercial Messages or, as it were, the character and scope of such messages, in the settings of their User Account. 

 

8.  WARRANTIES; LIABILITY

8.1. The Application is being operated, and the Service is being provided, with a view to the development, and the customarily available technical and commercial standards, of information technology applied in the field of local marketing.  The Provider is entitled, but not obliged, to update the Application and the Service from time to time, or to add new elements and features. 

8.2. Given the technical demands of operating the Application and the degree to which this is dependent on third-party services, the Provider assumes no liability for reduced accessibility or inoperativeness of the Application. 

The Provider reserves the right to temporarily restrict the accessibility of the Application and the Service, in particular for scheduled interruptions, maintenance work, or due to technical modifications of the Application. 

8.3. Subject to the exceptions listed in these T&C, the Application is being operated, and the Service is being provided, without any further warranties.  The User acknowledges and agrees that, with a view to the character of the Application and the Service, they may not claim compensation for any moral or property damage (including loss of profit) caused in connection with the use of the Application, i.e., in particular, on grounds of the reduced accessibility or inoperativeness of the Application, the permanent discontinuation of the Application or of the Service, the occurrence of errors during the operation of the Service, the loss of stored data, or any other facts or circumstances associated with the use of the Application or Service. 

8.4. The liability for the availability and quality of goods and services and for their match with the offer of Vendors promoted within the Application, as well as for the acceptance of discount vouchers or loyalty cards, rests exclusively with the Vendor identified in the given offer. 

8.5. The Application strictly serves as a means for communicating the offers of Vendors, and the Provider does not sell any goods or services thus offered. 

8.6. The Provider undertakes to make commercially reasonable efforts to ensure that the offers of Vendors match as closely as possible the preferences of the user, and that the cooperation with Vendors is as favorable as possible for the User, within the scope offered by the Vendor.  However, the Vendor bears no liability whatsoever for the discharge of obligations and duties of these Vendors. 

 

9. CHANGES AND AMENDMENTS; FINAL PROVISIONS

9.1. The User may not use the Application and its contents in any way which runs counter to these T&C, to the laws of the Czech Republic, or to the laws of the country in which the User is permanently resident or incorporated. 

9.2. The Provider may at any time and for any reason suspend or discontinue the operation of the Service, or change the scope of Services offered, and such suspension or discontinuation gives no rise to any claim for compensation and requires no prior notice. 

9.3. With a view to the continuous development of the Application and the addition of new features, the Provider may implement unilateral changes to these T&C.  The Provider must notify the User of such imminent changes with sufficient advance notice, and in any case at least 14 days ahead of time; within the same time period, the User must be provided with the new wording of the T&C and the date as of which they are supposed to come into force.  If the User does not agree with the new language of the T&C, they may cancel their User Account. 

9.4. If the User decides to use the Application even after the date on which the new version of the T&C comes into force, then the first login into the Service after the said date is considered to constitute consent with the change, and the User undertakes to observe the new version of the T&C as of that moment. 

9.5. Deinstallation of the Application by the User means the termination of the Agreement. 

9.6. These T&C and the contractual relationship between the User and the Provider are governed by the laws of the Czech Republic.

9.7. Legal conditions and relations not addressed by these T&C shall be governed by the laws of that country in which the Provider has its seat, i.e., by the laws of the Czech Republic. 

 

General terms and conditions of Tapito, version 1.0.  In force as of 26 May 2015.

WebTOP 100