WELAPY GENERAL TERMS AND CONDITIONS

1. Introductory provisions
1. 1.1.
  These general terms and conditions (GTC) govern the rights and obligations of the Operator and Users arising from the operation and use of WELAPY and from the provision of Services by the Operator to Users. All terms capitalized in this Clause 1.1 of the GTC are defined below.
2. 1.2.
  The operator is Welapy s.r.o., company identification number 084 48 558, with its registered office at Rohanské nábřeží 693/10, Prague 8, 186 00, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 396999/MSPH (Operator). The Operator operates the WELAPY mobile and web application platform (WELAPY), which primarily serves as an online marketplace connecting the supply and demand of WELAPY users (User) in connection with massage services, physiotherapy services and other services offered on WELAPY. The Operator also provides additional services through WELAPY, as further specified in these GTC.
3. 1.3.
  A User is any natural person using WELAPY, subsequently divided into customers seeking massage, physiotherapy and other services (Customer) and providers who offer their services on WELAPY under a contractual arrangement with the Operator (Provider).
4. 1.4.
  The Operator and the User may hereinafter be jointly referred to in these GTC as the Parties.
5. 1.5.
  The Operator reserves the right to amend these GTC unilaterally where reasonably necessary (in particular, due to changes in the legal environment, the relevant market situation, or efforts to improve the quality of services). Such amendment shall not affect rights and obligations arising during the effectiveness of the previous version of the GTC. The amendment shall be notified to all Users who have an active User Account on WELAPY at that time, and shall not become effective earlier than 15 days after notification to the last User. The Operator need not observe this period where the GTC must be amended to defend against an unexpected and imminent threat related to protecting WELAPY and/or Users from fraud, malware, spam, a personal-data security breach, or other cyber risks.
2. User Account
1. 2.1.
  To use WELAPY, a User may create their own user account (User Account). A User Account may be created directly in WELAPY or through the web interface at welapy.cz. Upon creation of a User Account, a contractual relationship arises between the Operator and the User, to which these GTC apply. The Operator reserves the right to set different conditions for Providers or enter into a different agreement with them.
2. 2.2.
  When creating a User Account, the User is obliged to provide all information accurately and truthfully and, upon any change, to update it or notify the Operator that it is inaccurate and/or out of date. The Operator considers the information provided by the User in the User Account to be accurate until the User informs it otherwise or updates it. The User shall be liable for any harm incurred by the Operator as a result of breaching the obligation to update User Account information under this paragraph.
3. 2.3.
  Access to the User Account is secured by a username and password. The User is obliged to keep confidential the information necessary to access their User Account and acknowledges that the Operator is not liable for a breach of this obligation by the User or for use of the User Account by any third party as a result of the User’s conduct.
4. 2.4.
  The User acknowledges that completing the registration of a User Account does not automatically give them a legal entitlement to receive any services from the Operator.
5. 2.5.
  The Operator reserves the right to cancel a User Account at any time in the event of prolonged User inactivity or if the User breaches any provision of these GTC, legal regulations or good morals, or where the Operator’s legitimate interest or the legitimate interest of third parties justifies such cancellation. Cancellation under this paragraph shall not give the User any right to compensation for damage or other harm from the Operator. If a Provider’s User Account is cancelled in this manner, the Operator shall provide the Provider with reasons for that decision on a durable medium at least 30 days before the cancellation. The Operator need not observe this period if the User Account was cancelled for repeated breaches of these GTC by the relevant Provider; the Operator shall inform the Provider of the reason for not observing the period without undue delay on a durable medium.
6. 2.6.
  The User may also always ask the Operator to cancel their User Account.
7. 2.7.
  The User acknowledges that the User Account need not be available continuously, in particular with regard to necessary maintenance of the Operator’s hardware and software equipment or necessary maintenance of third parties’ hardware and software equipment. The Operator bears no liability for any malfunction or unavailability of the User Account caused by third parties or force majeure.
3. Licence and User Content
1. 3.1.
  Upon creation of their User Account, the Operator grants the User a free, non-transferable, non-exclusive licence, unlimited in territory and time, for personal use of WELAPY within the scope of these GTC. This licence remains valid until the relevant User’s User Account is deleted or the Operator prevents the User from using WELAPY under these GTC.
2. 3.2.
  At the same time as the Operator grants the licence under Clause 3.1 above, the User grants the Operator a free, non-transferable, non-exclusive licence, unlimited in territory and time, to all content uploaded to WELAPY. The User may revoke this licence at any time; based on that revocation, the Operator shall remove all content uploaded and published by the User on WELAPY within a reasonable time.
4. Online marketplace
1. 4.1.
  WELAPY is a marketplace environment for (i) Customers on one side and (ii) Providers on the other, through which the Operator provides those Users with a service enabling them to match Customers’ demand with Providers’ supply as described in Clause 4.2 below.
2. 4.2.
  On WELAPY, a Provider is entitled to choose the parameters of the services offered (Provider Services), in particular the time, location and other parameters according to which it is prepared to offer Provider Services to Customers (Offer). If a Customer accepts the Provider’s Offer, a binding contract between the Customer and Provider is deemed concluded (Contract between Customer and Provider). Consequently, among other things, the Provider is obliged to provide the offered Provider Service and the Customer is obliged to undergo it and pay the Provider remuneration for it, unless these GTC or another contractual arrangement permits otherwise. If provision of a Provider Service on WELAPY is conditional upon payment of a deposit, the Contract between Customer and Provider is concluded under the terms of this paragraph subject to the condition precedent of the Customer paying that deposit.
3. 4.3.
  It is prohibited to seek or offer through WELAPY services other than those for which WELAPY is expressly intended, i.e. services related, for the purposes of this Article, to body care, skin care, hair, manicure and pedicure. In particular, a request or offer on WELAPY must not be contrary to good morals or legal regulations.
4. 4.4.
  The Customer and Provider acknowledge that there is no legal entitlement to conclude a Contract between Customer and Provider through WELAPY. If the Provider and Customer are not matched through the Customer’s acceptance of an Offer, the Customer may not claim the provision of services from any Provider and/or the Operator.
5. 4.5.
  As the Operator acts solely as an intermediary between the Customer and the Provider to enable the Customer to use Provider Services, and has no other contractual relationship with the Customer in this respect, the Operator bears no liability for the choice of Provider, information provided mutually between the Customer and Provider, or the Provider’s performance (including the quality of Provider Services), including no liability for advice within the meaning of Section 2950 of Act No. 89/2012 Coll., the Civil Code (Civil Code), nor for any damage or non-pecuniary harm caused by the Provider. The Customer may not assert against the Operator any consumer right they have against the Provider. This paragraph does not affect the Operator’s provision of discretionary services to the Customer consisting of support for handling Customers’ complaints and suggestions regarding Providers, or the Operator’s provision, at its discretion, of financial or other compensation to Customers.
6. 4.6.
  Further details of how the online marketplace operates may be stated directly in WELAPY.
5. Price and payment terms
1. 5.1.
  The Operator provides services consisting of operating the online marketplace free of charge. However, the Operator reserves the right to charge a fee for operating the online marketplace where necessary.
2. 5.2.
  The Customer nevertheless acknowledges that the Operator is generally entitled to remuneration for operating the online marketplace, which the Provider pays to the Operator under their mutual arrangement (Commission). To administer payment of this Commission, the Customer shall pay the price for Provider Services through the payment gateway in WELAPY into the collection account managed by the Operator for the Provider (Collection Account). Crediting the relevant amount for Provider Services to the Collection Account fulfils the Customer’s obligation to pay the price for Provider Services. If the Customer chooses payment on site, the Customer is obliged to pay the price for the Service to the Provider before the Service is provided at the Provider’s establishment.
3. 5.3.
  The Customer acknowledges that the Operator is entitled to cancel a payment made by the Customer for any reason. If the payment relates to a Provider Service, the Provider shall not be obliged to provide the Customer with Provider Services until the price for Provider Services has been duly paid in full. If the Operator rejects a payment, the Customer may ask the Operator to state the reason for the rejection so that the Customer can make the payment again and prevent its repeated cancellation.
4. 5.4.
  Any prices stated on WELAPY include all charges and taxes. This does not apply to any fees charged in connection with a payment by a third party, such as the Customer’s bank or mobile operator.
6. Deposit payment and cancellation terms
1. 6.1.
  The right to receive Provider Services may be conditional upon the Customer being required to pay a deposit in advance in the amount stated on WELAPY (Deposit Payment). Detailed terms will always be stated on WELAPY. WELAPY will also state whether the remaining amount above the Deposit Payment is to be paid through WELAPY, directly to the Provider after the Provider Service is provided, or otherwise.
2. 6.2.
  The Deposit Payment is non-refundable. This does not affect the possibility that, in justified cases, in particular where the Customer provides the Provider with a proper excuse, the Customer may receive the Deposit Payment or part of it back after deduction of a cancellation fee of 5%, or receive a voucher in the value of the Deposit Payment which may be used to book any service in the Welapy application.
3. 6.3.
  If the Customer fails to attend the agreed appointment for provision of the Provider Service without timely changing or cancelling the booking (the date and time by which the booking may last be changed or cancelled are always stated when booking the service), the Customer acknowledges that the Deposit Payment is forfeited and cannot be returned. The Customer and Provider agree that, in the event of a dispute as to whether the booking was properly changed or cancelled, the Operator is entitled to decide the matter with binding effect.
4. 6.4.
  If the Customer does not agree with the Provider to cancel or reschedule the agreed appointment and fails to attend at the agreed time for provision of the Provider Service, the Customer acknowledges that, in addition to forfeiture of the Deposit Payment, the option to pay on site will be blocked in the Welapy application and the Customer will only be able to use online payment when booking Provider Services. If the situation recurs and the Customer repeatedly fails to attend at the agreed time for provision of the Provider Service, their Welapy account may be deleted.
7. Rules for Users when using WELAPY®
1. 7.1.
  When using WELAPY, the User is obliged in particular to refrain from:
  1. copying, modifying, reverse engineering, decompiling or disassembling any content contained in WELAPY;
  2. using content contained in WELAPY otherwise than through direct use of WELAPY, unless the Operator gives express prior consent to such other use;
  3. selling, renting, sublicensing or lending any part of WELAPY to a third party;
  4. providing the password selected by the User to another person or using another person’s username and password;
  5. using automated methods (including bots, scraper bots or spiders) to collect information from the Application or to artificially promote content;
  6. selling a User Account or accepting any other financial or similar compensation for it.
2. 7.2.
  The User is also obliged to ensure that content uploaded or published by them on WELAPY:
  1. is not offensive, defamatory, damaging to reputation, pornographic, threatening or obscene;
  2. does not infringe any third-party rights, including intellectual-property rights;
  3. does not include Trojan horses, viruses or similar material;
  4. is not designed to intimidate or harass other Users;
  5. does not falsely suggest or represent an association with another User, person or entity, and is not otherwise fraudulent, untrue, deceptive or misleading;
  6. does not in any way disrupt or affect WELAPY, breach its security or attempt to test its vulnerability.
3. 7.3.
  Any breach under this Article may lead to permanent cancellation of the User Account and prevention of the relevant User’s use of WELAPY. The Operator is also entitled to claim and recover any damage or harm it incurs due to such breach by the User.
8. Advertising on WELAPY
1. 8.1.
  The User acknowledges that advertisements or other commercial communications of third parties may occasionally appear on WELAPY. The Operator bears no liability for the content or truthfulness of such advertising communications.
2. 8.2.
  The Operator is also not liable for any damage or other harm caused to the User as a consequence of relying on the truthfulness of such advertisement or commercial communication.
3. 8.3.
  The User acknowledges that the appearance of an advertisement for a product on WELAPY does not mean that the product presented through it is in any way recommended or endorsed by the Operator.
9. Liability for content on WELAPY
1. 9.1.
  Users are responsible for the accuracy, completeness and truthfulness of user data uploaded to WELAPY. The Operator does not and cannot verify the accuracy, completeness and truthfulness of user data, including documents entered by individual Users, and is therefore not liable for harm arising from inaccurate or incomplete outputs from WELAPY based on inaccurate, incomplete or untruthful user data.
2. 9.2.
  If any third party asserts a claim against the Operator in connection with content uploaded by a User to WELAPY, including infringement of personality rights or intellectual-property rights, the Operator is entitled to require the User to reimburse that claim in full, including legal-representation costs and compensation for the Operator’s non-pecuniary harm.
3. 9.3.
  The User acknowledges and agrees that they use WELAPY at their own responsibility and risk.
4. 9.4.
  The Operator is not liable in any way for any interaction between Users. The User is nevertheless obliged to avoid any conduct or action that could be regarded as harmful or harassing towards third parties.
10. Claims and complaint handling
1. 10.1.
  The Customer is not entitled to assert against the Operator any rights arising from defective performance related to the online marketplace, given that this service is provided to the User free of charge.
2. 10.2.
  For the avoidance of doubt, the Operator states that, since it is not and cannot be a contracting party with respect to Provider Services, the Customer is not entitled to assert against the Operator rights arising from defective performance in respect of Provider Services either; such rights must be asserted directly against the particular Provider.
3. 10.3.
  The Customer may submit any complaint to the Operator through the “Support” section, available under the “Contact Support” link. The Operator shall handle the complaint within 1–3 business days of its submission.
11. Discontinuation of WELAPY
1. 11.1.
  The Operator reserves the right to discontinue operation of WELAPY at any time, including without prior notice to Users.
12. Personal-data protection, cookies, notification delivery and token storage
1. 12.1.
  Users acknowledge that, in operating WELAPY, the Operator will need to process their personal data and, as applicable, personal data of third parties provided to it by Users (Personal Data), and shall be regarded as the controller of Personal Data for the purposes of such processing.
2. 12.2.
  The Operator undertakes to comply with all obligations imposed by personal-data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), taking these GTC into account.
3. 12.3.
  Users acknowledge that they may enable push notifications in WELAPY. In that connection, they further acknowledge that a token is stored indicating whether the User has enabled notifications, and consent to this by using WELAPY.
4. 12.4.
  Further information on how the Operator handles personal data, including cookie rules, is contained in the Operator’s Privacy Policy available at the following link: https://welapy.cz/zpracovani-osobnich-udaju/.
13. Protection of confidential information
1. 13.1.
  The Operator and Users undertake to maintain confidentiality regarding confidential information, which for the purposes of these GTC includes in particular all information and data that the Operator or Users learn in direct or indirect connection with the operation of WELAPY. Confidential information also includes information about Customers, know-how and other matters of the Operator or Users that are not publicly available or known, constitute a trade secret and are designated as a trade secret by the Operator or User.
14. Intellectual-property information
1. 14.1.
  If any User uploads to WELAPY any content subject to intellectual-property rights, that User is entitled to remove that content from WELAPY themselves at any time.
2. 14.2.
  Users acquire no intellectual-property rights to content other than content uploaded directly by them.
15. Rules of interpretation
1. 15.1.
  The term Operator also includes its legal representatives and any person authorized to act on its behalf.
2. 15.2.
  Unless expressly stated otherwise, a reference to an Article or Schedule means a reference to an Article or Schedule of these GTC.
3. 15.3.
  Unless expressly stated otherwise, a reference to a provision of a legal regulation is a reference to that provision as last amended.
4. 15.4.
  The singular includes the plural and vice versa unless the context in which the expression is used requires a different interpretation.
5. 15.5.
  Headings and subheadings in these GTC are for convenience only and are not legally binding in any way.
16. Contact details and address for service
1. 16.1.
  The User may contact the Operator by email at info@welapy.cz, or by post at Rohanské nábřeží 693/10, Prague, 186 00.
17. Final provisions
1. 17.1.
  If any provision of these GTC is or becomes invalid or ineffective, the remaining provisions of these GTC remain valid and effective.
2. 17.2.
  All rights and obligations of the User and Operator arising from the operation and use of WELAPY, as well as in connection with these GTC, are governed by the laws of the Czech Republic, and any disputes shall be heard by the courts of the Czech Republic having subject-matter and territorial jurisdiction.
3. 17.3.
  If a consumer dispute arises between the Operator and a User acting as a consumer from a service agreement and cannot be resolved by mutual agreement, the User, as a consumer, is entitled to submit a proposal for out-of-court resolution to the designated consumer-dispute resolution body, the Czech Trade Inspection Authority (website: www.adr.coi.cz). A User acting as a consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

WELAPY GENERAL TERMS AND CONDITIONS

1. Introductory provisions

2. User Account

3. Licence and User Content

4. Online marketplace

5. Price and payment terms

6. Deposit payment and cancellation terms

7. Rules for Users when using WELAPY®

8. Advertising on WELAPY

9. Liability for content on WELAPY

10. Claims and complaint handling

11. Discontinuation of WELAPY

12. Personal-data protection, cookies, notification delivery and token storage

13. Protection of confidential information

14. Intellectual-property information

15. Rules of interpretation

16. Contact details and address for service

17. Final provisions