Art. 1. Definition of Basic Terms
1.1
G&A s.r.o, having its seat at Dopravna 51 Bratislava 831 06 , Reg. No. 46 722 572, registered in the Commercial Register maintained by the District Court Bratislava, Section Sro, Insertion No.
82721/B
(hereinafter referred to as the “Company,’ G&A’ or the “Provider“) . The electronic mail address of the Company is guralic@guralic.sk; the contact telephone number of the Company is 0918 652 946
1.2
www.guralic.sk is an Internet e-learning portal operated by G&A
s.r.o.
1.3
The Conditions means the General Business Terms and Conditions for Service Provision through www.guralic.sk.
1.4
Additional Conditions means any other rights and obligations of the Company and the Service Recipient, which are not regulated by these Conditions, relating to the provision of Company Services and defined or placed in any place at www.guralic.sk (e.g., the Protection of personal data, licence conditions, etc). Additional Conditions need not be published as a whole. Any rights or obligations of the Service Recipient or the Company placed at www.guralic.sk constitute part of the Additional Conditions.
1.5
The Service Recipient is a natural or legal person who uses the Company Services
1.6
The Services or the Service means services provided by the Company at the website www.guralic.sk the scope and/or the specification of which depends on the current offer.
The scope and the type of Services provided to Service Recipients are specified in the Order and/or in the Contract.
1.7
The Pricelist means the current tariff for Company Services containing the regulation of prices for Company Services provided for payment, including any discounts, extras and services provided without payment, as well as other conditions for the application of prices. The price of Services provided for payment is given at www.guralic.sk for the relevant Services, or is agreed
in a separate agreement.
1.8
The Registration Form means an on-line or off-line list of data about the Service Recipient, duly and fully completed by the Recipient, which is successfully delivered to the Company
on-line or in any other manner
1.9
An unauthorized person means any person who has no right to use the Company Services
Art. 2. Provision of Services
2.1
The Service or Services can be used only by the Service Recipient who according to the Conditions:
a. Applies at the Company for the provision of the same,
b. Accepts the Conditions and the Additional Conditions, and
c. Is registered at www.guralic.sk through an on-line or off-line Registration Form sent to the Company.
2.2
A contract for the provision of Service demanded by the Service Recipient is concluded on the basis of a duly completed Service Recipient‘s Order, delivered to the Company a.
through the electronic form located at www.guralic.sk
b. through a form in another form agreed in contract, part of which is also the acceptance of the present Conditions and the Additional Conditions by the Service Recipient, and
c. confirmation of order acceptance by the Company by sending an e-mail message to the e-mail address provided by the Service Recipient.
The contract for the provision of Service can be compiled in writing and/or in electronic form in two counterparts.
Art. 3. Rights and Obligations of Service Recipient
3.1
In addition to other rights and obligations given in the present Conditions or in the Additional Conditions, the Service Recipient shall have:
a. Upon performing all conditions given in the present Conditions and in the Additional Conditions
(in particular the registration and acceptance of these Conditions and the Additional Conditions), the right to demand the provision of Services, as well as the right to the Services in a scope agreed in the present Conditions and in the Additional Conditions, for a price according to the valid Pricelist, or for a price agreed by agreement;
b. An obligation to pay the price for the use of Services under these Conditions, the Additional Conditions and the valid Pricelist;
c. An obligation to comply with the present Conditions, the Additional Conditions, as well as other arrangements provided at www.guralic.sk The Service Recipient is entitled to use the Services only in compliance with the system of law of the Slovak Republic, with the present Conditions and the Additional Conditions, or according to Company instructions and manuals, while observing the principles of good morals and public order. The Service Recipient may not
misuse the Services in any manner, in particular for mass sending of
unsolicited e-mail messages or other unsolicited communication;
d. An obligation not to sell or use and not to provide the Services for or without payment
for the use of Services and/or distribution by other persons;
e. An obligation not to interfere with www.guralic.sk in an unauthorized manner;
f. An obligation to obtain written consent of each person whose sound, image and other manifestations of personal nature are placed, published, displaced or disseminated by the Service Recipient through www.guralic.sk, with such methods of disposal and publication. Otherwise the Service Recipient shall be fully liable for any damage or loss resulting from the violation of third party rights;
g. An obligation to obtain written consent or other rights or licences from a person who is the authorized holder of the relevant industrial property rights (in particular author’s rights) to any works (in particular to photographic works, audio-visual work or audio-video recording, or any part thereof), which are placed, published, displaced or disseminated
by the Service Recipient through www.guralic.sk, with such methods of disposal and publication of work. Otherwise the Service Recipient shall be fully liable for any damage or loss resulting from the violation of third party rights;
Art. 4. Rights and Obligations of Company
4.1
In addition to other rights given in the present Conditions or in the Additional Conditions, the Company shall have a right to:
a. The payment of outstanding amount for provided Services to Service Recipients under the present Conditions, the Additional Conditions and the valid Pricelist;
b. The compensation of damage inflicted by the Service Recipient by action being in contradiction to the present Conditions and the Additional Conditions;
c. Suspend the provision of Services at any time, including with respect to a specific Service Recipient or third party, if they misuse the Services, or if there is a suspicion of the misuse;
d. Not to provide the Service if the Service Recipient has not met all liabilities to the Company, or if the Company has suspended the provision of Services under the General Terms and Conditions or the Additional Conditions;
e. Inform the Service Recipient on Services provided through
www.guralic.sk in the form of letters, leaflets, direct mail and other forms of
written communication;
f. On the basis of Service Recipient’s consent, contact the Service Recipient for direct marketing purposes (including the presentation of products and services for the purpose of application on the market) with respect to their products and services or products and services provided by them, in the form of sending written documents, through electronic communication, in particular in the form of telephone contact, sending facsimile messages, short text messages (SMS) and
multimedia messages (MMS), whereas the Service Recipient has a right to forbid such contact at any time, by the manifestation of will delivered to the Company in writing or in electronic form;
g. Upon Service Recipient’s request, deliver commercial information to the Service Recipient by electronic mail;
h. On the basis of Service Recipient’s notice delivered to the Company through an electronic form, update Service Recipient’s identification data;
i. Cancel the possibility/right to use the Services to the Service Recipient if they act in contradiction to these Conditions or the Additional Conditions. The Company is not obliged to maintain Service Recipient’s information recorded through www.guralic.sk after such cancellation;
j. Without undue delay, temporarily block automatically Service Recipient’s access to information saved through www.guralic.sk, to reach its more effective transmission in electronic communication network to other Service Recipients, as well as a right to remove such information after becoming aware of that in the original transmission source it had been removed or an access to it had been blocked, or a court or supervisory authority ordered its removal or limitation to its access;
Art. 5. Prices for Services
5.1
Unless provided otherwise in the Additional Conditions, the Services shall be provided for payment, for prices agreed according to the Act on Prices in force, which are given and invoiced according to the valid Pricelist and published directly at www.guralic.sk or in any other manner, which the Service Recipient is obliged to pay, on the basis of a pro-forma invoice or invoice issued
in compliance with payment conditions agreed with the Service Recipient
in the relevant contract.
Art. 6. Alteration of Services, Conditions, Additional Conditions and Prices for Services
6.1
In the event of
a. Any change of the market conditions related to the provision of Services, or
b. Any increase in the Company cost related to the provision of Services, or
c. Any change of the inflation rate published by the Statistical Office of the Slovak Republic for a preceding period, or
d. Any change of the Company marketing strategy, or
e. Marketing or technological development of Services, or
f. Performance of relevant legislative changes, or
g. Issue of a decision by the competent state administration body, creating an obligation or right of the Company to change, cancel, replace or otherwise modify the Services,
Conditions, Additional Conditions and prices of Services (including the quality, scope, structure, and the price)
the Company shall be obliged to completely or partially modify, change, replace or cancel the Services, Conditions, Additional Conditions,
prices for Services, as well as the quality, scope and structure of Services and the prices (hereinafter referred jointly to as the “Change of Services“). The Company is entitled to publish information on any Change of Services at least 15 calendar days before the effect of Change of Services, by disclosing information about the Change of Services at www.guralic.sk, or in any other appropriate manner (through other Company websites, e-mail messages, SMS messages, MMS messages, information materials, press releases,
or in other appropriate manner at Company‘s own discretion).
6.2
The Company is not obliged to inform Service Recipients on the Changes of Services including the quality, scope, structure and price of Services, which
a. Consist in the dissemination of basic, optional, additional and other Services, or
b. Consist in the replacing of original Services by new basic,
optional, additional or other Services, or
c. Consist in a reduction of the price of Services, or
d. Which do not result in any restriction of rights or extension of Service Recipient’s obligations to the Company.
6.3
An agreement for the Change of Services between the company and the Service Recipient shall be deemed to have been made validly at the moment of the first use of Services during the effect of the Change of Services, with effect at the date of the effective date of the relevant Change of Services.
6.4
If they do not agree with the Change of Services, the Service Recipient has a right to withdraw from a contract under which the Service is provided through www.guralic.sk,
by delivery of written notice of withdrawal to the Company not later than on the effective date of the Change of Services. In such case the legal effects of withdrawal from the contract shall commence at the effective date of the Change of Services.
6.5
The Change of Services or the termination of the provision of Service/Services shall have no effect on the validity of contracts made between the Service Recipient and the Company and does not authorize the Service Recipient to withdraw from or terminate such contracts in any other way according to these Conditions.
Art. 7. Content, Scope and Quality of Services
7.1
The content provided within the Services can be used by the Service Recipient only for their own needs. It is not possible to copy the content and distribute to other persons, unless it results from the Additional Conditions.
7.2
Following the present Conditions and Additional Conditions, the Company authorizes the Service Recipient only for acts associated with the Content which are defined in the Additional Conditions. The Service Recipient is obliged to comply with all licence conditions related to the Content, which are published at www.guralic.sk
7.3
The Company is not responsible for that:
a. The Content is free of defects and suitable for the purpose contemplated by the Service Recipient,
b. Downloading of the Content and its use by the Service Recipient shall not have any effect on the data and information saved in the Service Recipient‘s computer.
7.4
The Services are provided without the guarantee of their quality or fitness for the purpose contemplated by the Service Recipient.
7.5
The Company is not responsible for:
a. Services made available through www.guralic.sk, which are provided by third parties,
b. Reduction of quality or failures of Service inflicted by a third party,
c. Method and consequences of the setting of Services or end-use device by the
Service Recipient,
d. For the security of information, data and files transmitted through such Services, in providing Services ensuring communication through the Internet network, or for the loss,
misrepresentation, damage or destruction of the same.
7.6
The Company is entitled to interrupt the provision of Services without the prior
notice during a service day, i.e. on each Friday, between 17:00 and 19:00.
7.7
A fault on the part of the Company means the non-functionality of Services, for a period longer than 6 hours during the preceding 24 hours.
Art. 8. Protection of Personal Data
8.1
By accepting the present Conditions and Additional Conditions the Service Recipient gives express consent to the Company to the processing of Service Recipient’s personal data being the name, surname, academic degree, address, telephone number, date of birth and e-mail address. By delivery of Service Recipient’s complaint the Service Recipient gives consent to the Company
to the processing of Service Recipient’s personal data given in
a written complaint (par. 9.3).
8.2
Following Service Recipient’s consent, as well as pursuant to the prov. of § 7 par. 4 b) of Act No. 428/2002 Coll. on Personal Data Protection, the Company is entitled to process
Service Recipient’s personal data for the purposes of Service provision, record of Service Recipients, as well as the performance of other statutory obligations and obligations hereunder. The Company is entitled to process such personal data in its
information systems, in writing, as well as using automated, partially
automated or other than automated processing means, during the term
of contract concluded between the Service Recipient and the Company. The Service Recipient
can cancel such consent by written notice delivered to the Company. In such case
the Company shall stop the processing of personal data immediately, however, not before the lapse of the term of contract between the Service Recipient and the Company, or another period provided by a legal regulation for the recording or archiving of materials containing
such data.
8.3
The Company undertakes to ensure appropriate measures for the protection of identification and other personal data, as well as information on the Service Recipient in compliance with the legal regulations applicable in the Slovak Republic. The Company shall discard personal data on the Service Recipient immediately after the last of the following conditions has been met: All contracts made between the Company and the Service Recipient were
terminated, the Service Recipient has performed all its obligations to the Company, all
Service Recipient’s applications have been processed by the Company, personal data are not necessary for the performance of Company obligations provided by the law, and all purposes have been attained for the attainment of which Service Recipient’s consent was given to the processing of their personal data. This shall not affect the Company’s right to process Service Recipient’s personal data for the purposes of postal communication.
Art. 9. Complaints Procedure Rules
9.1
Without prejudice to the provisions of the present Conditions and Additional Conditions, the Service Recipient is entitled to file a complaint:
a. With respect to the correctness of payment if there is a reasonable suspicion of that the Company did not provide the Service for the price according to these Conditions;
b. With respect to the quality or non-provision of Service.
9.2
The Service Recipient is entitled to file a complaint in writing and deliver it to the Company without undue delay immediately after the fact creating the reason of complaint occurred. The Company is entitled not to accept a complaint in case that the reduction in quality
or the non-performance of Service resulted from any of the circumstances provided in Art. 7 hereof.
9.3
In the written complaint the Service Recipient shall provide its identification data
(in particular the name and surname of natural person or the business name, address or seat or the place of business and the identification number of legal entity, providing the telephone number and e-mail address), and describe the subject of complaint in a clear and understandable manner.
9.4
The Company shall decide on the complaint and report the result of investigation to the Service Recipient in writing within 30 calendar days of its delivery to the Company address,
or to its e-mail address guralic@guralic.sk. The complaint shall be deemed
to have been delivered upon its acknowledgement by the Company or by any other
reliable confirmation of delivery of complaint. The decision of the complaint shall contain
the statement and its brief reasoning.
9.5
If the Service is not provided to the Service Recipient for any reason for which the Company is responsible, the Service Recipient has the right to the refund of an aliquot part of price for the time when the Service was not provided,
for which the Company is responsible. The Service Recipient can exercise the right
only in writing in the form of letter delivered to the Company and containing the period
and overall period for which the Service was not provided as a result of action for which the Company is responsible, and a clear, definite and transparent quantification of the aliquot part of the price of Service demanded by the Service Recipient from the Company, within three months of the renewal of Service. The Company shall form a position to the claim made by the Service Recipient according to this paragraph, which shall be reported to the Service Recipient in writing.
Art. 10. Scope of Liability for Damage and
Compensation of Damage
10.1
The Company and the Service Recipient shall be responsible for any damage inflicted by them as a result of any breach of obligations laid down in the applicable legal regulations, the present Conditions and Additional Conditions, except the case when the fact is proved that the breach of obligations was caused by circumstances excluding liability, unless specified otherwise
in the present Conditions or in Additional Conditions. The Service Recipient
shall be liable for damage resulting from any infringement of www.guralic.sk, or from using the Services in contradiction to the Conditions and Additional Conditions.
10.2
The circumstances excluding liability means any obstacle that occurred independently of the will of the liable party and which prevented the liable party from performing its obligation, unless it is possible to assume that the liable party would avert such obstacle or its consequences, and if at the time of the creation of obligation the liable party envisaged such obstacles (e.g., natural disasters and the consequences thereof, power failures, emergency situations, epidemics, national state of alert, atmospheric effects and other circumstances being circumstances excluding liability according to the legal regulations of the Slovak Republic).
10.3
None of the Parties shall have a right to indemnity if the failure to perform liable party’s obligations was caused by the acting of the injured party or by a lack of cooperation which the
injured party was obliged to provide.
10.4
Taking into account the circumstances of the case, a party against whom a threat of damage exists is obliged to take measures necessary to prevent the occurrence of damage or to mitigate the damage. The liable party is not obliged to compensate for the damage resulting from the fact that the injured party failed to perform the obligation.
10.5
The Company and the Service Recipient agree that any foreseeable damage which might be inflicted as a result of the breach of Company legal obligations resulting from the present Conditions and caused by the Company, shall correspond to the aliquot part of the price of Service for the relevant Service/Services, which were not provided to the Service Recipient by the fault of the Company, or were provided erroneously.
Art. 11. General Provisions
11.1
The General Business Terms and Conditions shall be governed by the system of law of the Slovak Republic.
Pursuant to the prov. of § 262 par. 1 of Act No. 513/1991 Coll. the Business Code, as amended (hereinafter: the “Business Code“), the Company and the Service Recipient
agree that the relations established by the present Conditions and the Additional Conditions shall be governed by the Business Code, except the rights and obligations explicitly regulated by Act No. 610/2003 Coll. on Electronic Communications, as amended, and by Act No. 22/2004 on Electronic Commerce, and amending and supplementing Act No. 128/2002
Coll. on state supervision of the internal market in matters of consumer protection and amending and supplementing certain laws, as amended.
11.2
By using www.guralic.sk or by using the Services the Service Recipients confirm their consent to the present Conditions and Additional Conditions and their will to be bound by the same. The same applies to any amendment of the present Conditions and Additional Conditions.
11.3
Should any provision of these Conditions be or become invalid, ineffective or unenforceable to a limited extent, the remaining provisions shall not be affected and remain fully valid. In such case the Company shall replace the contested provision by such valid, effective and enforceable provision, which nearest approaches the principles contemplated herein, while keeping the economic and legal purpose and meaning of contested provision.
11.4
If the present Conditions, Additional Conditions and the Pricelist get into mutual
contradiction, the following order of binding force shall apply:
1. Additional Conditions
2. Pricelist
3. Conditions
11.5
Any disputes arising between the Company and the Service Recipient shall be settled by the Parties by mutual discussions aiming at the settlement of dispute by agreement. If no agreement is reached by the Parties in the matter in dispute, any Party is entitled to refer a proposal for the settlement of dispute to the court having subject-matter and local jurisdiction in the Slovak Republic.
11.6
Any and all notices and other acts including legal acts that are to be made in writing under the contract or applicable legal regulations shall be delivered to the other Party in person or by registered mail to the last known address
of the relevant Party. The Parties agree that if the addressee fails to take over
the mail or the mail returns to the sender as undelivered, it means that the mail was
delivered on the next day of the day of its sending.
© – 2013 A.D.