TERMS AND CONDITIONS
of Gerardo Robledillo Gomez, with registered office at Šumavská 1081/10, 120 00, Praha 2 – Vinohrady, Organization Id No.: 74710761 (hereinafter as the "Provider") for the use of the service provided by the Provider, which allows the presentation of international schools and interconnection of the supply and demand in the field of school education through the website www.secretparisian.com (hereinafter as the "Service"). These terms and conditions apply to the use of the Service by users (hereinafter as the "Terms and Conditions"). The conditions for the use by schools or any other relevant facility are governed in separate terms.
- 1 SUBJECT MATTER OF THE TERMS AND CONDITIONS
- 1.2 The Service is provided free of charge and the Provider will not charge any fee, additional remuneration, nor the cost of delivery.
- 1.3 These Terms and Conditions apply also to Users that are accessing the website but do not register within the Service (hereinafter as "Guest Users"). By accessing the website at http://www.secretparisian.com, the Guest User agrees to be bound by these terms of service for the time that they use the Service. If the Guest User does not agree with any of these terms, they are prohibited from using or accessing this site.
- 1.4 Guest Users may be prohibited from using functions of the Service requiring registration. These Terms and Conditions shall apply to Guest Users accordingly only excluding parts related to the Account in paragraph 2. As Guest Users are anonymous they do not enter into specific lasting agreement within Article 2.1.
- 2 REGISTRATION, ACCOUNT OF THE USER
- 2.1 The contract on the use of the Service is concluded (hereinafter as the "Contract on the Use of the Service") between the Provider and the User at the moment when the User registers on the website http://www.secretparisian.com/(hereinafter as the "Website") by creating an account (hereinafter as the "Account")and agreeing with the Terms and Conditions by ticking the box "I have read and I agree with the wording of the Terms and Conditions".
- 2.2 The User must obtain the age of 18 in the moment of registration.
- 2.3 In order to create the Account, the User is required to provide his email address (which can be also used for communication between the parties) and a password for signing in the Account; without these data, the User is not allowed to create the Account. In order to fully use the Service, the User provides via Platform also other information like age of his children, personal preferences regarding School (area, used language, character of the education etc.). The Provider is enabled to use and process all this data in order to provide the Service. The User is enabled to change the entered data during using of the Service.
- 2.4 Successful registration and conclusion of the Contract on the Use of the Service will be notified to the User without undue delay via the email address given by the User during the registration.
- 2.5 The User is enabled to use the Account in order to use the Service, especially to search and compare Schools, manage favourite and review favourite Schools, set his personal preferences and requirements for education.
- 2.6 The User uses the Service exclusively through his own Account.
- 2.7 After the first signing in, the Account is managed exclusively by the User and the User is fully responsible for the activity running on his Account.
- 2.8 For an access to the Account the User must enter his logging data. The User is required to protect his logging data. The User is required to prevent any third party from unauthorized access to his logging data and Account. The User is responsible for damage resulting from inadequate protection of his logging data. In the event of suspected disclosure or misuse, it is in the User’s own interest to change his logging data as soon as possible.
- 2.9 The Provider is not responsible for any damage resulting from unauthorized access to the Account due to non-compliance with the User's obligations under these Terms and Conditions.
- 2.10 All information contained in the Account must be correct and true. Upon any later change, the User is obliged to update the data without undue delay through his Account. The Provider is not liable for any damage caused if the User states incorrect or inaccurate data or does not update the data within the Account. The User is also eligible for providing data about his children.
- 2.11 The User is entitled to cancel the Account at any time or ask the Provider for cancelling the Account. The Provider will cancel the Account upon the User's request without undue delay.
- 2.12 The Provider is entitled to cancel the Account at any time, without giving any reason, with the consequences set forth below in these Terms and Conditions. The User is not entitled to any claims in connection with the cancellation of the Account by the Provider except for those explicitly mentioned in these Terms and Conditions.
- 2.13 The User, as a consumer, expressly agrees to be provided with the Service before the expiration of the 14-day period for withdrawal from the Contract on the Use of the Service pursuant to Section 1829 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter as the "Civil Code"), and notes that for this reason, he has no right to withdraw from the Contract on the Use of the Service under Section 1829 of the Civil Code.
- 3 RIGHTS AND OBLIGATIONS OF USERS
- 3.1 The User undertakes to use the Service solely in accordance with the legal regulations and these
and Conditions. The User is not entitled to use the Service for any other purpose or in any manner other
than those set forth in these Terms and Conditions. Most importantly, the User hereby undertakes that they
- a. within the use of the Service or as a result of the use of the Service, interfere with the rights of third parties or the Provider,
- b. interfere with the Platform unjustifiably and will not attempt to gain access to the Platform in any other way than using the specified logging data and via the appropriate interface, in particular, will not in any way reproduce, modify, decompile or otherwise interfere with the Platform, the associated source code and documentation unless expressly authorized to do so,
- c. use the Platform in a way that could damage it (including interference with the software and hardware on which the Platform is made operational).
- d. modify or copy any of the materials or information available in the Service.
- e. use the any of the materials or information for any commercial purpose, or for any public display (commercial or non-commercial).
- f. attempt to decompile or reverse engineer any software contained on International Schools Database's website
- g. transfer the materials to another person or "mirror" the materials on any other server.
- 3.1 The User undertakes to use the Service solely in accordance with the legal regulations and these Terms and Conditions. The User is not entitled to use the Service for any other purpose or in any manner other than those set forth in these Terms and Conditions. Most importantly, the User hereby undertakes that they will not:
- 4 RIGTHS AND OBLIGATIONS OF THE PROVIDER
- 4.1 The Provider undertakes to make reasonable efforts to make the Service available and operational. However, the User is aware of the fact that despite this Provider's effort, the Service may not always be fully available, especially due to the necessary maintenance of the hardware and software equipment of the Provider or necessary maintenance of hardware and software of third parties. The Provider is not responsible for any damage caused to the User due to the unavailability or malfunction of the Service.
- 4.2 The Provider may, at any time, without prior notice, make changes to the content of the Website, as well as the Service, to add or remove the functions of the Platform and its components.
- 4.3 The Provider is not obliged to oversee the content of the information stored in the Platform or to actively search for facts and circumstances pointing to the illegal content of this information. However, the User is aware that the Provider is entitled to delete the data in connection with Provider's legal obligations if the Provider concludes that they are in any way violating the legal regulations or these Terms and Conditions as instructed or permitted by the applicable law.
- 5 USER AND PROPERTY RIGTHS TO THE PLATFORM
- 5.1 The Platform is an author's work according to the Act No. 121/2000 Sb., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended (hereinafter as the "Copyright Act").
- 5.2 The Provider, within the Service, grants to the User the right to exercise the right to use the Platform (license) as it is available at that particular time on the Website. The License is granted as non-exclusive, for the duration of the Contract on the Use of the Service, solely for the purposes of using the Platform in accordance with these Terms and Conditions, and only in the appropriate manner. The license is granted worldwide. The User is not entitled to grant a sublicense to third parties or assign a license to third parties.
- 5.3 The license granted to the User under this Article of the Terms and Conditions is free of charge.
- 5.4 The User is not authorized to interfere with or modify the Platform in any way, to link it to another work, to include it in the collective work, or to complete an unfinished Platform (even by a third party). The User is not authorized to create any copies of the Platform.
- 5.5 The User is aware that the Platform is provided in a platform as a service mode and therefore does not receive any copy of the Platform, and the Platform may only be used via the remote access through the Website in a specific limited manner according to these Terms and Conditions. The costs for accessing the Platform (especially Internet connection fees) are borne by the User.
- 5.6 The terms of the use of the Platform shall apply similarly to other intangible property made available by the Provider within the Service (particularly graphics, trademarks, etc.).
- 5.7 The User and the Provider hereby exclude all legal licenses or free uses to the benefit of the User, which can be excluded by agreement of the parties.
- 5.8 The User is aware that the database of the schools is protected under relevant legislation. Infringing rights to the database (copying its content, abuse of the data, publishing via own sites etc. contrary to law) constitutes Provider’s right eg. to seek remedy, claim damages and can be also considered a crime.
- 6 LIABILITY
- 6.1 To the maximum extent allowed by Czech law, the Provider will not be liable for any damage incurred
the User in connection with the use of the Service. In particular, the Provider is not obliged to
the User for damages incurred:
- a. as a result of the inability to use the Service or the features of the Service;
- b. by changing these Terms and Conditions;
- c. by loss, theft, disclosure or misuse of the User's logging data;
- d. due to the use of the Service in violation of these Terms and Conditions or the legal regulations of the Czech Republic;
- e. as a result of such use of the Service, which is by nature dangerous;
- f. as a result of the use of a service or product provided by a third party;
- g. independently of the Provider's will.
- 6.2 The User is aware that the Provider provides only a Platform for interconnection of the Parents'
demand and the User's supply and is not responsible for:
- a. the accuracy, completeness and timeliness of the information provided within the account of the Schools;
- b. the functionality of the User's data network, the functionality of the User's hardware equipment, the status of the User's software, the possible interference of third parties in the User's software,
- c. providing the User with access to the Service,
- d. any contract or negotiation between the User and the School.
- 6.3 The Service is provided in the "as is" state. The User waives all claims for defects resulting from the use of the Service to the extent allowed by Czech law. The User waives all warranties, to the fullest extent permitted by Czech law.
- 6.1 To the maximum extent allowed by Czech law, the Provider will not be liable for any damage incurred by the User in connection with the use of the Service. In particular, the Provider is not obliged to compensate the User for damages incurred:
- 7 SUPPORT
- 7.1 The User is entitled to contact the Provider in order to resolve the functionality of the Service, especially when the Service is unavailable
- 7.2 In order to contact the Provider, it is possible to use the email address email@example.com.
- 7.3 The Provider will inform the User of the outcome of his request in a manner that the User has used to contact the Provider.
- 8 PROTECTION OF CONFIDENTAIL INFORMATION
- 8.1 The User undertakes to keep confidential information confidential, all information that is or may be part of the Provider's business secret and information regarding the User's and the Provider's mutual cooperation is considered to be confidential (the "Confidential Information").
- 8.2 All Confidential Information shall remain the exclusive property of the Provider and the User shall develop the same efforts for the protection of their confidentiality and for their protection as if they were their own Confidential Information. Except for the extent necessary for mutual cooperation, the User undertakes not to distribute Confidential Information in any manner whatsoever and not to pass it on to third parties. The User also undertakes not to use the Confidential Information otherwise than in order to cooperate with the Provider.
- 8.3 The provisions of this Article 8 are without prejudice to the termination of the Contract on the Use of the Service for any reason whatsoever and shall expire ten (10) years after termination of the Contract on the Use of the Service.
- 9 PERSONAL DATA PROTECTION
- 10 MUTUAL COMMUNICATION
- 10.1 All communications between the User and the Provider will take place through the Account interface
or via the following contact details:
- 10.1.1 For communication with the Provider, the email addresses firstname.lastname@example.org and email@example.com
- 10.1.2 For communication with the User, the contact details provided within the Account.
- 10.2 All notifications between the parties relating to these Terms and Conditions must be made in written and delivered to the other party. The written form requirement is also met, even if the notification is made in electronic form through the Account interface or by email at the above addresses.
- 10.3 In case the parties change their address or their representative, the parties hereby undertake to notify the other party of this change no later than one (1) week since the change has been made, the User will do so by updating the contact details in the Account and the Provider shall update the details via the Platform.
- 10.1 All communications between the User and the Provider will take place through the Account interface or via the following contact details:
- 11 SUSPENSION OF THE PERFORMANCE OF THE CONTRACT ON THE USE OF THE SERVICE
- 11.1 The Provider may, at any time, suspend the provision of the Service under the Contract on the Use of the Service, even without due reason. In this case, the User is not allowed to use the Service (even in part). In the event of a suspension of the provision of the Service, the Provider will send to the User an information about the reason for which the Service is suspended and for how long via the email address stated in the Account. Suspension of performance of the Contract on the Use of the Service by the Provider shall not affect the possibilities of its termination under the Article 12 of the Terms and Conditions.
- 12 DURATION AND TERMINATION OF THE CONTRACT ON THE USE OF THE SERVICE
- 12.1 The Contract on the Use of the Service is concluded for an indefinite period of time.
- 12.2 The Provider is entitled at any time to terminate the Contract on the Use of the Service by written notice sent to the User's email address stated in his Account. The Contract on the Use of the Service terminates on the date of delivery of the email to the User.
- 12.3 The Provider terminates the Contract on the Use of the Service typically in cases where the User violates these Terms or Conditions, or the User has withdrawn the consent to the processing of personal data provided under these Terms and Conditions.
- 12.4 The User is entitled to terminate the Contract on the Use of the Service at any time by cancelling his Account; the User can also ask the Provider for cancelling the Account; the Provider will cancel the Account upon the User's request without undue delay
- 12.5 The User as a consumer acknowledges that he has no right to withdraw from the Contract on the Use of the Service under Section 1829 of the Civil Code, as the Service has been provided with his explicit consent prior to the expiration of the withdrawal period of the Contract on the Use of the Service (according to Section 1837 Subsec. 1) Par. a) of the Civil Code.
- 12.6 Either party may terminate the Contract on the Use of the Service as a result of a material breach of the Contract on the Use of the Service by the other party provided that the other party has been informed in written of such breach and has been granted a reasonable period of not less than ten (10) working days to additional fulfilment.
- 13 FINAL PROVISIONS
- 13.1 The Contract on the Use of the Service arising out of these Terms and Conditions is possible to be concluded only in English.
- 13.2 Concluded Contracts on the Use of the Service are archived by the provider in electronic form. Access to archived Contracts on the Use of the Service is reserved exclusively by the Provider.
- 13.3 The rights and obligations of the parties arising out of the Terms and Conditions are governed by the Czech law.
- 13.4 The User agrees that the Provider has the right to assign rights arising out of the Terms and Conditions to the third party or any part thereof. The User may not transfer, assign, pledge or otherwise burden his claims against the Provider without the written consent of the Provider.
- 13.5 If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, instead such provision a provision which is the closest to the purpose of such invalid or ineffective provision will be used. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Amendments and additions to the Terms and Conditions require a written form.
- 13.6 The Provider is not bound by any business codes binding entrepreneurs as stated in § 1286 subsec. 1, par. e) of the Civil Code.
- 13.7 In the event that a consumer dispute between the User and the Provider arises from Contract on the Use of the Service that cannot be settled by mutual agreement, the User may bring an out-of-court complaint to a designated extrajudicial consumer disputes subject: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR (Czech Trade Inspection, Central Inspectorate - ADR Department), address: Štěpánská 15 120 00 Praha 2, website: www.coi.cz.
- 13.8 The User bears the full cost of the means of distance communication (telephone or internet communication) that will arise to him in fulfilling these Terms and Conditions. The cost does not differ from the basic rate of a provider.
- 13.9 The Provider is entitled to supplement or change these Terms at any time. This addition and / or change will be published on the Website and information about this addition and / or change will also be sent to the User on his email address in the Account. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions is not effective anymore. The User has the right to reject the proposed addition or changes of the Terms and Conditions. In such case, the Provider is entitled to terminate the Contract on the Use of the Service.
- 13.10 The Terms and Conditions become valid and effective on the date April 27th 2018.