Terms and Conditions

Terms & Conditions

Introductory provisions

1. These Terms and Conditions ("Terms") govern the terms of use of the Loxper Mobile App ("App") and all of its products or services ("Services"). The operator of the Application and the Service Provider is Ing. Jaroslav Haltmar, ID: 687 73 463, registered office at Údolní 212/49, 602 00, Brno - Brno-město ("Operator").

2. By downloading the Application and using the Services, a contractual relationship is established between the Application Operator and the user ("User"). The User agrees to these Terms.

Application

1. The Operator allows simple connections between visitors, tourists, and locals with guides who have prepared fun routes ("Routes”) in the App.

2. Routes are guided through interesting locations connected to a particular story and also include game elements. Routes are designed by local guides and show the User places not shown by ordinary guides. The application is to be gradually supplemented with additional Routes in other locations

Using the App

1. The User of the Application must be over 13 years of age. By using the Application, the User declares and warrants to the Operator that he or she is over 13 years of age.

2. The User is obliged to use this Application only in accordance with these Terms and with generally binding legal regulations.

3. The User is entitled to use the Application solely for private, non-commercial purposes. Any use of the Application for commercial purposes without the prior written consent of the Operator is prohibited. In the event of a breach of this obligation, the User shall compensate the Operator for any damage incurred, including lost profits

User account

1. The use of certain Services within the Application may be subject to the registration of the User. The User's registration is voluntary and takes place through the setting up of a user account. If the User decides to create a user account, he/she is obliged to provide true information when setting it up.

2. The user is fully responsible for the proper security of his/her user account, including the choice of a secure access password and its storage. The User shall be solely responsible for all activities that occur through their account. The Operator shall not be liable for the User's actions and the manner in which the User uses the Application.

3. The operator is entitled to check the data provided by the User when setting up their user account. In case of false information, the Operator may not allow the opening of a user account or cancel it after setting up.

4. In the event of any breach of the security of the user account, including the loss of access data, the User is obliged to inform the Operator without delay of this fact. The User shall be liable for any damage incurred by the Operator or any third party in connection with the breach of this obligation.

5. The Operator is entitled to suspend or cancel the User Account in the event that the User has violated any provision of these Terms, has violated any provision of generally binding laws, or intentionally damaged the reputation of the Operator by the User. In the event of cancellation of the user account, the Operator may also block the e-mail address and take further measures to prevent further registration of the User.

User Content

1. The User may be able to insert user content through the Application, e.g. via the Application, e.g. photos, reviews, ratings, descriptions, etc., which can be published in the Application ("Content"). By inserting the Content, the User accepts all parts of these Terms and Conditions relating to the Content.

2. The User is solely responsible for the Content embedded by him/her. The User undertakes that the Content posted by him/her will be in accordance with generally binding legislation, in accordance with these Terms, and suitable for publication. The User acknowledges that the Content posted by him/her may be associated with his/her name, user name, or other User ID.

3. By embedding the Content, the User grants the Operator a non-exclusive, unrestricted, and royalty-free license to the Content, for all uses under copyright law ("License"). The User grants the Operator a License to use the Content, for all purposes, in an unlimited territorial, time and quantity range. The license is granted for a fixed period of time, for the duration of the User's copyright of the Content and its parts. The Provider is not obliged to use the License. The Licence shall be granted as non-exclusive. The License is granted free of charge and the User is not entitled to any compensation in connection with the embedded Content. The Operator is entitled to provide the License in whole or in part, in full or free of charge, and/or assign it to a third party, even without the Consent of the User. The License continues even if the User terminates the use of the Application. If the Content is removed by the User, this does not affect the scope of the provided License .

4. By embedding the Content, the User declares and warrants to the Operator that he/she is entitled to grant the License to the extent set out above, is the owner of all rights in the Content, and has not infringed any rights of third parties in the Content, in particular proprietary rights, copyrights, and personal rights, or rights to the protection of personal data. In the event of the falseness of this statement of the User, the User is obliged to compensate the Operator for all damage caused to him by the falseness of this declaration.

5. The Operator is entitled to determine how the Content is displayed in the Application. At the same time, the Operator is entitled to remove the Content from the Application for any reason or not to display it temporarily or permanently. The Operator is entitled to temporarily or permanently disable the User from entering the Content without compensation.

Payments

1. Some Services within the Application may be subject to a fee. All payments can be made through the App solely through Apple Pay and Google Pay payment systems. Payment system providers are contractual partners of the Operator responsible for the security of the transaction process. Payment system providers process the User's personal data in the position of administrators.

2. The price of the paid services is communicated to the User directly in the Application, always before purchasing it. The operator is entitled to adjust these prices on an ongoing basis.

Provider and User's Liability

1. The Operator makes no warranties regarding the functionality, quality, content, timeliness, or availability of the Application or individual Services. The Operator has the right to change, repair, supplement, terminate, or charge for the Application or any part thereof at any time. The Operator is not obliged to make updates or corrections to the Application or its contents unless required by mandatory legislation. The Operator expressly draws attention to the fact that routes may not always be available for any reason and does not guarantee their availability in any way.

2. The User is solely responsible for the way in which the Application and individual services are used. When using the Application, the User is obliged to take care and not to use the Application in cases where it may be dangerous. The User is obliged to exercise sound judgment when using the Application and uses the Application at his/her own risk. When moving on the Route, the User is obliged to follow generally binding legal regulations. The User is solely responsible for any damage caused to any person during movement on the Route.

Backup

1. The contractor is not obliged to back up the user content of the Application. The User is solely responsible for backing up data inserted by the User into the Application. The Operator shall not be liable for any damage that may arise in connection with any loss of data of the User.

2. The Contractor is authorized to back up the user content of the Application for internal purposes. The Contractor is not obliged to perform a renewal of the user content.

Affiliate Links

1. The application may contain a so-called "Affiliate Links" which refer to the third party's product or service – the Operator's Partner. In the event of purchase of the User's product or service via the Affiliate Link, the Operator may receive a commission for the purchase. In the Application, it may also be possible to earn points which the User can use to benefit from his/her purchase via the Affiliate Link.

2. By purchasing a product or service through the Affiliate Link, a legal relationship arises exclusively between the User and a third party. The Operator does not incur any obligations or obligations and the Operator does not assume any responsibility for that third party. The user is responsible for properly familiarizing himself with the terms and conditions of a third party.

3. The Operator is not responsible for the availability of individual products or services offered by a third party through the Affiliate Link or the possibility to use points obtained by the User in the Application to benefit from the purchase and does not guarantee this to the User in any way.

Intellectual property

1. The Operator is the owner of the property and intellectual rights to the Application and its content. The application and its components are protected by copyright law. The Operator does not transfer any of these rights to the User, except for the right to use the Application and the Services solely for private purposes.

2. All user permissions to use the Application and services are non-exclusive, non-transferable, and non-assignable. The user is not entitled to grant a sub-license to a third party. The User is not entitled to interfere in any way with the content of the Application, in any way to modify, supplement, reproduce, or download the content of the Application.

Disputes and out-of-court dispute resolution

1. These Terms and Conditions and the contractual relationship between the Operator and the User is governed by the laws of the Czech Republic. The courts of the Czech Republic are competent to decide disputes between the Operator and the User.

2. The Czech Trade Inspection Authority, Id. No.: 000 20 869, with its registered office at Štěpánská street 567/15, 120 00 Praha 2, internet address: http://www.coi.cz. For online dispute resolution, the User can also use the platform set up by the European Commission at the internet address http://ec.europa.eu/consumers/odr. European Consumer Centre Czech Republic, with its registered office at Štěpánská street 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (On-Line Consumer Dispute Resolution Regulation).

Assignment of rights

1. The User is not entitled to assign or otherwise transfer any of his rights or obligations without the prior written consent of the Contractor.

2. The Operator is entitled to assign or otherwise transfer any of its rights related to the Application to a third party even without the consent of the User.

Processing of personal data

1. The operator processes the User's personal data in the context of the operation of the Application and the provision of the Services. Detailed information on the user's personal data handling is provided in the documents "Privacy Policy" available at the internet address https://www.loxper.com/ in the Privacy policy.

2. The Operator proceeds with the processing of the User's personal data in accordance with generally binding legislation and principles of the processing of personal data.

Final provisions

1. The User hereby declares that he has thoroughly read, understood, and undertakes to comply with these Terms and services when using the Application and to use the Services.

2. The Operator has the right to unilaterally change these Terms at any time. The new full text of the Terms and Conditions will be published by the Operator in the Application in the Terms and Conditions section and at the internet address https://www.loxper.com/ in the Terms and Conditions section. The new version of the Terms and Conditions shall be valid on the date of their publication and effective on the date specified therein. By continuing to use the Application, the User agrees to the new terms and conditions and undertakes to comply with them.

3. These conditions are valid and effective as of 6th June 2020.

Contact us

If necessary, the Operator can be contacted at the e-mail address jaroslav@loxper.com in connection with the Application or individual Services.