General Terms and Conditions of the Uneeqly Application

pursuant to § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended

1.        Who will provide the services to you and for whom the services are intended

The Service Provider is the company Uneeqly s.r.o. , with its registered office at Korunní 2569/108, Vinohrady, 101 00 Praha 10, ID No.: 09414495, VAT No.: CZ09414495, registered in the Commercial Register maintained by the Municipal Court in Prague, file No.: C 335763, which operates and provides the Uneeqly Application, hereinafter referred to as the "Provider".

     Contact e-mail: info@uneeqly.com

     Contact phone:        +420 604 376 456

An Affiliate is a legal or business entity that uses the Uneeqly Application to manage, edit and offer its current Offers. The Partner enters into a service agreement with the Provider, of which these General Terms and Conditions, hereinafter referred to as "Partner", form an integral part.

The Customer is the natural person using the Partner Offers through the Uneeqly Application, hereinafter referred to as the "Customer".

Offer means targeted communication of the Partner towards the Customers of the Uneeqly Application. An Offer may take the form of a loyalty program, discount promotion (coupon) or communication, hereinafter referred to as an "Offer".

2.        What services we provide

The Uneeqly app allows Customers to use a simple mobile app to search for Offers and Regional Cards in or around their selected address by category. The mobile app allows partners to easily promote their Offers to Customers and communicate directly with them. The Uneeqly Mobile App is developed by the Provider for iOS and Android mobile devices and is distributed through the respective distribution channels of the Google Playstore or Apple Appstore.

Partners can register for the Uneeqly Application via the Uneeqly web portal and create, manage and electronically distribute Offers to Customers.

The mobile application and the web portal are hereinafter collectively referred to as the "Uneeqly Application".

Uneeqly's service offering is available on the web interface www.uneeqly.com. The offer of services is of an informative nature and does not constitute an offer by the Provider (or its proposal for the conclusion of a contract; Section 1732(2) of the Civil Code does not apply).

3.        How we enter into a contract with you

The subject of the contract between the Provider and the Partner is the use of the services of the Uneeqly Application created by the Provider.

The Partner's user account is an account in the name of the company or individual doing business, together with a specified ID number and email address, which is protected by the Partner's chosen password, which the Partner chooses and which also protects this password from misuse, hereinafter referred to as the "Partner's User Account".

In order to use the Uneeqly Application, the Partner shall create a Partner User Account on the web interface http://www.uneeqly.com in the "For Business" section. Here, they fill in the form with their details (company/entrepreneur name, company ID, email, registered office address and category) and create the login details for their User Account, which will also be used to log in to the Uneeqly mobile App as an enterprise. Then, by ticking the checkbox, they agree to these General Terms and Conditions and the Consent to the Processing of Personal Data . At the same time, they will create a profile of the establishment, in which they will add the necessary information (e.g. a photo that describes the establishment, opening hours, etc.).  The Partner then downloads the Uneeqly App to his/her mobile phone via Google Playstore or Apple Appstore and logs in with his/her User Account to his/her User Interface. They must create separate User Accounts for each establishment as described above.  

The Customer's User Account is an account maintained at the Customer's email address, which is protected by a password chosen by the Customer to protect against misuse, hereinafter referred to as the "Customer User Account".

To use the Uneeqly App, the Customer will download the Uneeqly App to their mobile phone via Google Play or the Apple Appstore. Upon launching the Uneeqly Mobile App, the Customer has the option to Register (i.e. create a Customer User Account), Continue without registration or Login with their User Account. To register, the Customer only needs to provide his/her email account, choose a password and agree to the General Terms and Conditions and Consent to the processing of personal data. If the Customer uses the Uneeqly Application without logging in with his User Account, he can search for Partner Offers but will be prompted to log in or register his User Account when he wishes to use them.

4         Rights and obligations of the Partner and the Customer

When registering for the Uneeqly Application, the Partner undertakes to provide true contact and identification data that will be used by the Provider, in particular for communication and billing purposes. In the event of any changes to the data, the Partner undertakes to modify them in the Partner's User Account on the Uneeqly web portal.

The Partner undertakes to pay the Provider monthly for the provision of Uneeqly Application services according to the current valid price list published at https://www.uneeqly.com, in the Price List section.

The Partner undertakes to provide the Customer with the reward published in the context of its own Offer listed in the Uneeqly application to which the Customer has become entitled. The Partner undertakes not to change the terms of an already activated Offer to the detriment of the Customer. The Provider shall not be liable for the Partner's failure to provide the Customer with benefits under its Offer.

The Customer agrees to use the Uneeqly App for its own purposes only, to take advantage of all the benefits of the Registered Partner Offers. The use of the Uneeqly App by the Registered Customer is free of charge.

Failure to maintain accurate, complete and up-to-date information in your User Account may result in loss of access to or permission to use the Services or unilateral termination of this Agreement.

The Partner or Customer is responsible for all activity that occurs on their User Account and agrees to keep their User Name (current email address) and password for accessing their account secure and confidential at all times.

If you use apps developed for Apple iOS or Android mobile devices to access the Services, the respective Apple Inc. and Google Inc. will also be independent beneficiaries of this Agreement. These independent beneficiaries are not commercial parties to this Agreement and are not responsible in any way for the provision or support of the Services. If you use these devices to access the Services, such use is governed by the terms and conditions set forth in the respective independent beneficiary's terms of service.

5        Rights and obligations of the Provider

The Services and all rights therein are and shall remain the property of Provider or Uneeqly's licensors. Neither these Terms and Conditions nor the use of the Services by you as a registered Partner or Customer transfers or grants you any rights in or to the Services other than the rights contained in the limited license granted above to use or make any mention of Uneeqly's or Uneeqly's licensors' names, logos, product or service names, trademarks or service marks.

The Provider declares that the services of the Uneeqly Application and their impeccable use are provided with regard to the development and current technical and commercial standards of information technology applied in the field of local marketing. The Provider is entitled, but not obliged, to update and extend these services with new elements and features from time to time.

The Provider reserves the right to temporarily limit the availability of the Uneeqly Application services, in particular due to planned downtime, maintenance or technical changes to the service. The Provider is obliged to inform the Partner about these planned changes and downtimes in advance by e-mail and on the website https://www.uneeqly.com.

The Provider is not responsible for the performance of the Partner's obligations to Customers arising from the Offers or for the setting up of loyalty systems, discount coupons, etc.

The Uneeqly application serves only as a means of communication of the Partners' offers to the Customers. The Provider is not their reseller.

The Provider is obliged to ensure the proper operation of all its software and hardware resources to ensure the operation of the Uneeqly Application and the provision of the agreed services by the Partner. Exceptions to this obligation are conditions and events that cannot be influenced by the Provider and cannot be prevented in any way. These are e.g. force majeure, hacker interventions, accidents, telecommunication network failures, etc. In such cases, the Provider shall not be liable to the Partner for damages incurred in this way.

6.        What price you will pay when using our services

You will pay a recurring monthly fee for use of our Services and the Uneeqly App, which you agree to when you activate your Partner User Account on the uneeqly.com website.  The fee is payable per establishment profile.

Before you subscribe to the Uneeqly App paid plan, you have the opportunity to try the Uneeqly App for free for 30 days from the date of registration to test what the Uneeqly App can do. This trial is created by entering into a contract (see clause 3 of these General Terms and Conditions). At the end of the trial period, the Uneeqly App will automatically switch to the Service under the paid plan that you select and order when you register. One week before the expiration of the free version of the Uneeqly App, you will receive a message notifying you of the switch to the paid version of the Uneeqly App tariff, with the proviso that you may terminate your use of the free version of the Uneeqly App at any time before the expiration of the free version. For a better understanding of the content of each tariff, we have prepared a summary of prices and basic technical parameters, which is available on the website https://www.uneeqly.com /prices/

If you are not satisfied with the free version of the Uneeqly App, you may cancel it at any time during your trial of the Uneeqly App in the administration of the Service.

By entering into the Agreement, you agree to pay the price according to the currently valid price list and the terms and conditions set out herein.

The Uneeqly app can only be actively used if you authorize the Uneeqly app for recurring payments from your credit card. Authorisation is done via the Stripe online payment gateway, thereby verifying the existence of the payment card and also creating consent for Uneeqly to make recurring payments from that payment card. You can withdraw your consent to recurring payments at any time in the Uneeqly web portal environment.

7.        Are there any restrictions associated with using our app?

When using our services, the Partner and the Customer undertake to use the Uneeqly Application only in accordance with these General Terms and Conditions, the concluded contract and the laws of the Czech Republic.

The Partner and the Customer agrees not to use the Uneeqly App for the dissemination of the content of its Offerings that would be contrary to the above or to good morals and for the dissemination of pornographic content or erotic services. Partner or Customer User Account Content shall not be defamatory, offensive, hateful, violent, indecent, pornographic, illegal or otherwise objectionable, as determined by Uneeqly in its sole discretion, regardless of whether such material is protected by law. Uneeqly may review, monitor or remove User Content in its sole discretion, at any time and for any reason, without notice to you, but has no obligation to do so. Provider shall have no legal or other liability for such content.

Copyright and intellectual property rights related to the Provider's software products related to the operation of the Uneeqly Application are not affected by the contract between the Partner, the Customer and the Provider and are owned by the Provider. Neither the Partner nor the Customer shall acquire any rights to the Provider's or third parties' copyrights or trademarks by entering into the Agreement.

By providing the Uneeqly Application, the Provider grants the Partner a non-exclusive, worldwide license upon registration for the entire term of the Agreement. The price for the use of the copyrighted work is included in the price for the use of the Uneeqly Application services. The Provider grants this license to Customers free of charge for the duration of the contract.

8.        What equipment and network access do you need

You are responsible for obtaining access to the data network required to use the services. If you use the Services on a device connected to a wireless network, you may be subject to mobile data network and text messaging charges, which are your responsibility. You are responsible for obtaining and updating compatible hardware or devices that are necessary to access and use the Services and Apps and for keeping them properly updated. When you install the Uneeqly mobile application, your operating system is automatically checked. If a newer version of the operating system is required to be installed, it can be found in Google play or the Apple app store. Uneeqly does not guarantee that the Services or any part thereof will work on any particular hardware or devices. Further, the Services may be subject to interruptions and delays that are a natural consequence of using the Internet and electronic communications.

9.        Service availability and technical support

We strive to make sure that the Uneeqly App works flawlessly and all the time. Occasionally, however, the Uneeqly App may stop working or become unavailable. The reason for such an outage may be due to maintenance or updates on our end, but it may also be due to an unexpected malfunction. Not to worry, however, we will try to notify you in advance of any outages via email or the Uneeqly App admin interface. And if an outage caused by us lasts for more than 24 hours, we will give you a discount on the price equal to the proportionate part of the total number of hours of Service provision in the month and the duration of the outage. However, we will not pay you any further compensation apart from this discount.

If the Service stops working altogether, please let us know at any time by contacting us at support@uneeqly.com. Our technical support will respond to you on weekdays between 9am and 5pm. In any case, if you write to us about an issue related to your account, be sure to mention which account it relates to and what you see as the problem.

When dealing with potential problems, we will fix the most serious ones first. We will try to resolve them within a timeframe appropriate to their severity. We will consider them resolved when:

• the cause is resolved and they stop happening,
• we will provide you with instructions on how to use Uneeqly that avoid the problem ("workaround"); or
• We will notify you that the problem was caused by a third party.

The proper functioning of the Uneeqly Application is also dependent on the proper functioning of third party services and devices (such as your internet provider). We cannot control the services of third parties and therefore if the Uneeqly Application fails to function as a result of their failure, we will not be liable.

10. How you can terminate our cooperation

If you no longer wish to use our Uneeqly Application and Services, please complete the withdrawal form available in the "For Business" section and send it to info@uneeqly.com. You will then receive a confirmation email from us stating the date of termination of your contractual relationship with us. The notice period in this case is two months for both us and you.

In the event of any dispute with us, by agreeing to these General Terms and Conditions, you agree to attempt to settle the dispute by completing a form stating the reason for the dispute and providing a contact email and phone number before filing a lawsuit with the appropriate court. This form is available on the website https://www.uneeqly.com. Conciliation will then be initiated by us for a maximum of 30 days. If you do not reach an amicable settlement with us within this period, you are entitled to file a lawsuit with the local competent court, which is the District Court for Prague 10 (according to our registered office).

11        Final provisions

All contractual relations between the Provider and the Partner are governed by these General Terms and Conditions. Relationships not regulated herein shall be governed by Act 89/2012 Coll., Civil Code, as amended.

These General Terms and Conditions are concluded between the Provider and the Partner or the Customer on the date of their acceptance. By registering to the Uneeqly Application, the Partner and the Customer confirm that they conclude and accept the General Terms and Conditions in their entirety and are fully aware of their content. The valid General Terms and Conditions of the Provider are always available at https://www.uneeqly.com, under the heading "General Terms and Conditions".

For the acceptance of the General Terms and Conditions and the conclusion of the Contract between the Provider and the Partner, remote means of communication may be used that allow the conclusion of the Contract and the acceptance of the General Terms and Conditions without the simultaneous physical presence of the Parties.

If you as a Partner or Customer do not agree to these Terms and Conditions, you may not use or access the Uneeqly App and its services. These General Terms and Conditions expressly supersede any prior agreements or understandings entered into between the Parties.

Our practices for collecting and using personal information relating to the Services are governed by Uneeqly's Privacy Policy located at https://www.uneeqly.com/privacy-policy/.

The provisions of the General Terms and Conditions are an integral part of any contract concluded between the Provider and the Partner. The Agreement and the General Terms and Conditions are drawn up in the Czech language, unless the Partner selects a different language version in the Uneeqly Application.

The Provider has the right to unilaterally change or amend the General Terms and Conditions at any time. In the event of a change to the General Terms and Conditions, the Provider is obliged to inform the Partner of this change by e-mail before the change becomes effective.

Except as otherwise provided herein, these Terms shall be governed by and construed exclusively in accordance with the laws of the Czech Republic. If the relationship relating to the use of the Application and the provision of the Services contains an international (foreign) element, then we hereby jointly agree that such relationship shall be governed by the laws of the Czech Republic and shall be resolved by the Czech courts. The language of conciliation or court proceedings shall be Czech.