TERMS OF SERVICE
The Terms of Service ("Terms") are applicable for the service, BaliGuide.me, with registered office in the Czech Republic, ID No. 07595913, e-mail hello@baliguide.me. "We" or "Provider" regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as the purchaser, and Us, as the provider, arise in connection with or pursuant of the purchase contract (the "Contract") concluded through the website: https://baliguide.me.
Information about the processing of your personal data is contained within the Privacy Policy and can be found here: https://baliguide.me/gdpr.
The provisions of the Terms of Service form an integral part of the Contract. The Contract and the Terms of Service are in the English language. We may unilaterally amend or supplement the Terms of Service. This provision does not affect the rights or obligations arising during the period of effectiveness of the previous version of the Terms.
As you are aware, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication which allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely through the interface of the BaliGuide.me website.
If any part of the Terms contradicts what We have mutually agreed upon as part of Your purchase process on Our Website, that particular agreement will prevail over the Terms.
1. SELECTED DEFINITIONS
1.1 The Total Price is the amount of money You will pay for the Service;
1.2. VAT is value added tax in accordance with applicable law;
1.3 Invoice means a tax document issued in accordance with the Value Added Tax Act with respect of the Total Price;
1.4 The Order is Your binding proposal to enter into a Contract for the purchase of the Service with Us;
1.5 User Account is the account set up on the basis of the information provided by You, which allows for the storage of the data entered, the retention of the history of Services ordered and completed Contract;
1.6 You are the person purchasing on Our Website, referred to by law as the Buyer;
1.7 The Service is anything which can be purchased on the Website.
2. GENERAL PROVISIONS AND NOTICES
2.1 Purchase of the Service is only possible through the web interface of the Site.
2.2 When purchasing the Service, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.
3. CONCLUSION OF THE CONTRACT
3.1 The Contract with Us can be concluded in Czech and/or English languages.
3.2 The Contract is conducted remotely via the Website, with any applicable costs of remote communications incurred by You. However, these costs do not differ in any way from the existing rate paid for the use of communications (i.e. in particular for access to the Internet), so You do not need to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
3.3 In order for Us to generate the Contract, You must create an Order on the Website. This must include the following information:
(a) Information about the Service You are purchasing (on the Website, You indicate the Service You are interested in purchasing by clicking the "Buy Now" button);
b) Information about the Total Price and method of payment; this information will be entered as part of the creation of the Order within the user interface of the Website, and the Total Price information will be provided automatically based on the Service and payment You have selected;
c) Your identification and contact details, in particular Your name and email address, used to enable Us to deliver the Service.
3.4 You may check and make updates to your information and order details during the creation of the Order up until its completion. Once the “Buy Now" button has been pressed, the Order will be completed. Before pressing the button, however, You must confirm that You have read and agreed to the Terms of Service, otherwise You will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Order and pay" button, all completed information will be sent directly to Us.
3.5 We will confirm your Order as soon as possible after it is received by Us via a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and the Terms of Service for reference in the email message. Confirmation of the Order shall constitute the conclusion of the Contract between Us and You.
3.6 When the Contract is concluded, You are liable to pay the Total Price.
3.7 If you have set up a User Account, You may place an Order through it. However, even in this case, You are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. The method of creating an Order with a User Account is the same as in the case of a buyer without one, but the advantage is that it is not necessary to fill in Your identification data repeatedly.
4. USER ACCOUNT
4.1 To access the Service, You must register on the web interface. We may make the Service available to You based on Your User Account and the plan (Service) You have selected. You cannot access and use the Service without having created a User Account.
4.2 Based on your registration within the web interface, You can access your User Account.
4.3 When registering for a User Account, it is Your responsibility to provide correct and truthful information and to update all information provided if it changes.
4.4 Access to the User Account is secured by a username and password. It is Your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we shall not be held liable.
4.5 The User Account is personal and you are therefore not entitled to allow third parties to use it.
4.6 We may cancel your User Account, in particular if You have not used it for more than one year or if You breach your obligations under the Agreement.
4.7 The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.
5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
5.1 The price is always indicated within the web interface, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Service within the web interface and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the Price in the Contract.
5.2 The total Price is inclusive of all charges as required by law.
5.3 Payment of the Total Price will be required from You after the Contract has been concluded and before the Services are made available. You may pay the Total Price via the following methods:
(a) By online card. In this case, payment is made via the Stripe payment gateway and payment is subject to the terms and conditions of that payment gateway, which are available at: https://stripe.com/legal/ssa. In the case of payment by card online, the Total Price is payable within two days.
5.4 An invoice will be issued electronically upon payment of the Total Price and will be sent to your email address.
5.5 Payment for the Service is non-refundable.
5.6 Recurring Payments. When paying by credit or debit card, the User will be asked to authorize the payment settings for so-called recurring payments (i.e. debiting recurring payments from the credit card), under the terms of the selected plan of the ordered Service.
5.7 You may terminate recurring payments at any time through your User Account or by notifying Us by email. No further payment will be charged thereafter. Recurring payments will also be terminated if the payment or credit card expires. To renew recurring payments after they have been terminated, a new authorization must be made. Payment card details can be changed by You terminating recurring payments via Your User Account or by notifying Our email and paying the subsequent invoice with a new payment or credit card. The payment gateway will automatically remember the card details and charge subsequent payments.
5.8 In the event that a payment is charged to You after You have requested termination, You must notify Us immediately.
6. LICENCES AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The BaliGuide.me web interface is a copyrighted work that is protected by law. Your authorization to use the BalGuide.me web interface as a copyrighted work is part of the Service Contract. The details are set out in this clause.
6.1 The license to access and use the Web Interface (the Service License) is non-exclusive, territorially unlimited and limited in time for the duration of the Agreement. This license is non-transferable and non-transferable to a third party.
6.2 The User is not entitled to sell, license, lease, assign or make available access to the Web Interface to third parties.
6.3 All rights to the content of the Service (including photographs, texts, videos, graphics, sounds, etc.) and its individual parts are the exclusive property of Us. You are not authorized to license, sublicense, copy, modify, or create derivative works from the BaliGuide.me Web Interface. Buyer is not authorized to attempt to extract the source code of the Web Interface or any portion thereof.
6.4 The Buyer shall not use the Service for any purpose contrary to the Agreement or the law. The Buyer shall not use the Web Interface in a manner that could diminish the value of the Work, or damage, disable, overburden or impair servers operated by third parties or interfere with the use of such servers or the Service by third parties. Buyer shall not obtain or attempt to obtain by any means any reproductions of the Work (including for personal use), any materials or information relating to the Service that are not or have not been made publicly available or provided through servers operated by third parties.
6.5 The content of the Web Interface, web content related to the Service and related printed and printed materials (promotional leaflets, advertising, texts, photographs, images, logos, etc.) are protected by the Provider's intellectual property rights and may be protected by other third party rights. The Buyer may not modify, copy, reproduce, distribute or use the Content for any purpose contrary to the intent of the Agreement. In particular, it is forbidden to make available for remuneration or free of charge photographs and texts placed on the Web interface.
6.6 The User acknowledges that he/she is not entitled to use the Provider's trade name, trademarks, logos, domain names or any other signs and commercial elements of the Provider in connection with the provision of the Service.
7. WITHDRAWAL FROM THE CONTRACT
7.1 Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms of Service in which the possibility of withdrawal is expressly stated.
7.2 You may cancel the Agreement by cancelling the subscription (recurring payment) of the selected plan in Your account web interface.
7.3 In the event of cancellation of the Agreement, the total price already paid for the Service is non-refundable. You will retain access to the Service for the duration of the current paid period. Once this period has expired, You will not be able to access the Service.
7.4 We are entitled to withdraw from the Contract at any time before we deliver the Service to You if there are objective reasons why the Service cannot be delivered (in particular, reasons on the part of third parties or reasons inherent in the nature of the Service). We may also withdraw from the Contract if it is clear that You have deliberately provided incorrect information in the Order.
8. DISCLAIMER OF LIABILITY
8.1 We, as the provider of the BaliGuide.me website, do not assume any responsibility for the use of information provided on our website. Due to constant development and changes, this information may not be up-to-date. Furthermore, we do not provide any guarantees and do not assume any responsibility for damages of any kind related to the content and recommendations on our website, including the live user chat at https://baliguide.me/chat.
8.2 Our BaliGuide.me website also contains links to websites operated by third parties, the content of which cannot be controlled by our company.
9. CONSUMER DISPUTE RESOLUTION
9.1 We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
9.2 We handle consumer complaints via the electronic address hello@baliguide.me. We will send information about the handling of the complaint to the buyer's electronic address.
10. FINAL PROVISIONS
10.1 All written correspondence with You will be delivered by email. Our email address is included next to Our identification details. We will deliver correspondence to Your email address as set out in the Agreement, in Your User Account or through the means which You have contacted Us.
10.2 The Agreement may only be amended by written agreement between Us. However, We may amend these Terms, but such amendment will not affect existing Contracts, but only Contracts concluded after the amendment becomes effective or when We are to supply the Service to You under the Contract on a regular and recurring basis. We will send You information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending You information about the change of your existing Contract for regular and recurring supply of the Service, the new terms will become part of our Contract and will apply to the next supply of the Service following the effective date of the change. Termination of the Contract means cancellation of the Service subscription from the web interface user account. The Contract will be terminated on the date on which the current subscription to the Service ends.
10.3 In the event of Force Majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the Force Majeure event, and if the Force Majeure condition continues for more than 10 days, We and You shall have the right to terminate the Agreement.
10.4 The Contract, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive the Terms of Service and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our interaction. We recommend that You always save the Order Confirmation and the Conditions.
10.5 This Terms is effective from 1. 3. 2023