Terms and Conditions
State-funded organization National Museum, with its registered office at Václavské náměstí 68, 110 OO Prague 1, ID No. 0002 3272, VAT No. CZ 0002 3272 (hereinafter referred to as the "operator") for the National Museum Mobile Guide internet application, available at www.nm.cz/aplikace and via the National Museum Mobile Guide (hereinafter referred to as the "application").
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions of the Operator govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the User and the Operator in connection with or on the basis of a contract concluded between them. The application is available from the website www.nm.cz/aplikace and through the National Museum Mobile Guide (hereinafter referred to as the "application").
1.2. The subject matter of the contract concluded between the operator and the user is the provision of a non-exclusive license to the user to use the application to the extent specified in the terms and conditions and according to the type of user account.
1.3. The user is either a consumer (always a natural person) or an entrepreneur (natural or legal person). If the user provides their identification number (ID) during registration, they acknowledge that the seller considers them to be an entrepreneur.
1.4. The user confirms that they have read the terms and conditions before concluding the contract and that they agree to them without reservation.
1.5 When using any electronic content, the user is obliged to comply with the obligations set out in the legal regulations governing copyright works and the license terms of the product in question.
1.6. The provisions of the Terms and Conditions are an integral part of the contract.
1.7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
1.8. The application is available 24 hours a day, 7 days a week. The user acknowledges that the user account may not be available continuously, particularly in view of necessary maintenance of the operator's or third parties' equipment.
1.9. The operator has the right to shut down, change, and/or make the application or part thereof inaccessible from the relevant internet address at any time for any reason.
1.10. The user undertakes to act in such a way when using the application that neither the user nor the operator incurs any damage as a result of using the application.
1.11. The user shall not incur any costs for delivery and use of means of distance communication in relation to the operator. To use the application, you need access to the Internet and a mobile phone with Android or iOS.
2. DATABASE AND USER ACCOUNT
2.1. The user does not have the right to use the application to automatically extract data from the database associated with the application (in particular using so-called software robots).
2.2. Any data entered by the user into the application database is part of the database collected by the operator and becomes part of the operator's database without the user acquiring any rights to the application database.
2.3. The application complies with the conditions of Section 562(2) of the Civil Code, i.e., the data records in the application and its database are reliable, are made systematically and sequentially, and are protected against changes.
2.4. Based on the operator's registration for the application via a login name and password, the user's user account is accessible in the application's user interface.
2.5. When registering for the application, the user is obliged to provide all personal data correctly and truthfully and to inform the seller of any changes thereto. The user confirms that the personal data provided is accurate and true. The operator is entitled to delete inaccurate and untrue personal data.
2.6. The operator may cancel a user account or restrict access to it, especially if the user has not used their user account for more than 2 years, if the user has violated the terms and conditions, or if the license period for the user account has expired.
2.7. The user has the option to check for errors in their user account in the application and, where the application does not allow this, through technical support, whose contact details are provided in the application.
2.8. Zásady zpracování a ochrany osobních údajů jsou popsány v samostatném dokumentu. Více informací www.nm.cz/gdpr
2.9. Provozovatel v souladu se zákonem využívá různých efektivních zabezpečovacích technologií k tomu, aby byly osobní údaje ochráněny před neoprávněným zpřístupněním nebo užitím.
3. CONCLUSION OF THE AGREEMENT
3.1. The user accepts the draft agreement and agrees to the terms and conditions by clicking on the "I agree" button in the application user interface.
4. PRICE AND PAYMENT TERMS
4.1. The operator grants the user a license free of charge.
4.2. The user does not have the right to grant a sublicense to a third party to use the application.
4.3. If, in connection with the use of the application, tickets, goods, or services (hereinafter "products") are purchased from the operator or third parties, such purchase and the related conclusion of a purchase contract shall be governed by the terms and conditions of the operator or third parties for the sale of products, in which the operator or third party is the seller and the user is the buyer.
5. WITHDRAWAL FROM THE CONTRACT
5.1. The operator shall notify the user of any changes to the terms and conditions by email and via the information and application.
5.2. The user has the right to withdraw from the contract within 5 days of its conclusion due to a notified change in the terms and conditions or without giving any reason.
5.3. Withdrawal from the contract by the user is without any penalty.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The operator is fully liable to the user for damage caused by the operator to the user by any breach of the operator's obligations specified in the contract or the general terms and conditions.
6.2. The subject matter of the Agreement is not the delivery of goods, so the provisions of the law on complaints do not apply to the Application; liability for obvious or hidden defects in the Application that the Application had at the time of its release to the User may be claimed from the Operator under the conditions set out by law, the Agreement, and these GTC.
7. CONTACT, COLLECTION, AND DELIVERY POINTS
7.1. The seller provides telephone and email support and assistance with using the application by email and telephone to the extent and in the manner specified on its website, primarily at nm@nm.cz, 224 497 111. In cases worthy of special consideration, the user should contact the National Museum's info line at 224 497 111.
8. FINAL PROVISIONS
8.1. The Terms and Conditions are available in Czech and English. In the event of a discrepancy between the two language versions, the Czech version of the Terms and Conditions shall prevail.
8.2. Relationships and any disputes arising from the contract shall be resolved exclusively in accordance with the laws of the Czech Republic by the competent courts of the Czech Republic. If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.
8.3. The Czech Trade Inspection Authority, with its registered office in Prague 2, Štěpánská 567/15, postal code 120 00, ID No. 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract, as the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). Before proceeding to out-of-court dispute resolution, the seller recommends first using the seller's email and telephone support line or other means of personal or written communication with the seller.
8.4. The contract is concluded in the Czech language. If a translation of the contract is required for the user's needs, in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language shall prevail.
8.5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
8.6. Amendments and supplements to the contract or Terms and Conditions must be made in writing.
8.7. The Terms and Conditions are valid and effective from March 16, 2022, and supersede the previous version of the Terms and Conditions.
In Prague on day 16. 3. 2022