Terms & Privacy

GENERAL TERMS AND CONDITIONS
for the use of digital content through the vivido.fit portal

I.
Introductory provisions

  1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the operator of the website vivido.fit - Pavol Hudran, place of business Opava, Kateřinky, Zeyerova 1386/14, Company ID: 74869663 (hereinafter referred to as the "Provider") regulate, in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code “), the mutual rights and obligations of the Contracting Parties arising in connection with the provision of access to the paid part of the vivido.fit website (hereinafter referred to as the "Agreement" or "service") concluded between the Provider and a third party (hereinafter referred to as the "User"), which consists in particular in making available the selected content and archive (hereinafter referred to as the "content") through the Provider's internet portal, which is operated on a website located at the internet address https://app.vivido.fit (including all subdomains and localized variants - hereinafter the "website").
  2. The legal relations between the Provider and the User, which are not regulated by these terms and conditions or the Agreement, are governed by the Civil Code and related regulations.
  1. The wording of the terms and conditions may be unilaterally amended or supplemented by the Provider to a reasonable extent, in particular as a result of changes in legislation, technical conditions of website operation or changes in license conditions by third parties used by the Provider. The change of the terms and conditions will be notified to the User by e-mail to their e-mail address specified in the User account, if it was provided, or by displaying a notification after the User logs in to their User interface. The User may refuse to change the terms and conditions by terminating the Agreement for the provision of services with a notice period of 1 month, which begins on the first day of the monthly subscription period following the delivery of the notice and ends on the last day of such period. Termination can also be carried out by e-mail from the e-mail address specified in the User's User account or from the relevant e-mail of the Provider.

II.
User account

  1. Based on the User registration made on the website, the User can access its User interface (hereinafter referred to as the "User account").
  2. When registering, the User is obliged to state all data correctly and truthfully. The User is obliged to update the data specified in the User account whenever they change. The data provided by the User in the User account are considered correct by the Provider.
  3. Access to the User account is secured by the User name and password. The User is obliged to maintain confidentiality regarding the information necessary to access their User account.
  1. The User is not entitled to allow the use of the User account to third parties.
  2. The User acknowledges that the User account may not be available around the clock, especially with regard to the necessary maintenance of the Provider's hardware and software, or necessary maintenance of third party hardware and software.

III.
Conclusion of an Agreement

  1. The proposal to conclude an Agreement for the provision of access to the service shall be made by the User by filling in the data in the registration form of the User account, agreeing to these terms and conditions and sending this data to the Provider (hereinafter the "order").
  2. After delivery of the order and payment for the relevant service or the first period of the service, the Provider will allow the User access to the website, i.e. access to the selected content.
  1. The Provider is entitled to reject the User's order, especially for persons who have previously materially breached an Agreement with the Provider or these terms and conditions.
  2. The Provider is entitled to assign the rights and obligations under the Agreement to a third party, even without the consent of the User.

IV.
Price of services and payment terms

  1. The User is obliged to pay the price (fee) for the service according to the current price list of the Provider valid when ordering the service. The current price list is available at the individual service of the respective Instructor. Prices are in Eur. The Provider is not a VAT payer.
  2. The User acknowledges that payment for the services is paid through the payment gateway of GOPAY s.r.o., which provides secure technology for accepting payment cards and online bank transfers according to the international security standard PCI-DSS Level 1. More info at https://www.gopay.com/.
  3. The Provider is entitled to change the price list by publishing a new price list. The price change does not affect already running Agreements concluded for the agreed period.
  1. In the case of the option of automatic payment for the service for an indefinite period (i.e. deducting payment from the User's bank card or their account, if the selected payment system allows it), the User agrees to the automatic payment of agreed amounts by the Provider or operator of the relevant payment system at the appropriate interval without the need for personal authorization of payment by the User. Payments by Payment Cards will take place in a simplified form, i.e. without the need to enter all payment card details each time. Based on the Payment Card data provided by the Customer to PayU, a Token (virtual card identifier) will be generated to the Provider for recurring payments. The frequency of automatic payment corresponds to the selected payment period, while payment for the following period will always take place at the end of the relevant period. The User is entitled to change the method of payment in their User interface.

V.
Duration of the Agreement

  1. The Agreement is concluded for an indefinite period, unless expressly agreed otherwise.
  2. Either Contracting Party may terminate the Agreement, even without giving a reason. The notice period is 1 month, and starts from the first day of the month following the month in which the notice was delivered and ends on the last day of such month.
  3. The termination can also be made by the User by e-mail from the current e-mail address specified in the User's User account, or within the User's User account.
  4. Termination by the User is also considered if the User does not pay within 10 days from the end of the last currently paid subscription period the price (or part thereof) for the service for the next period. In this case, the Agreement expires on the last day of this 10-day period.
  1. In accordance with the provisions of Section 1829 (1) of the Civil Code, the User who is a consumer has the right to withdraw from the Agreement within 14 days of its conclusion. Withdrawal from the Agreement must be sent to the Provider within the period specified in the previous sentence.
  2. To withdraw from the Agreement, the User can use the sample form provided by the Provider, which is attached to these terms and conditions.
  3. By sending the order, the User agrees that the Provider can start providing the service immediately after delivery of the order, even before the expiration of the statutory period for withdrawal from the Agreement. By providing the service (i.e. digital content), the User loses the right to withdraw from the Agreement within the first 14 days of its conclusion.

VI.
Terms of service

  1. The User may not disseminate information within the service, the content of which is in conflict with good morals or generally binding legal regulations.
  2. The User may not use within the service mechanisms, tools, software or procedures that have or could have a negative impact on the operation of the service.
  3. The User may not engage in activities aimed at disabling or restricting the operation of the service or the server of the Provider on which the service is operated, or perform other attacks on this server, nor may they assist third parties in such activities. The User may not use the User account and the service in a way that would unreasonably restrict the use of the service by other customers of the Provider or otherwise unreasonably restrict the Provider.
  1. Access data to the service are intended only for one natural person, or for a common household within a family subscription, and are non-transferable. The User has no right to provide, assign, rent, lend or otherwise provide third parties with access to the service, permanently or temporarily, for a fee or free of charge, without the prior written consent of the Provider. The User is not entitled to share access data between several natural persons, even if the User is a legal entity, in which case the legal entity is obliged to designate one natural person who will have access to the service. In case of loss of access data or suspicion of their misuse or leakage, the User is obliged to immediately inform the Provider. The Provider is not liable for damage that would occur to the User by abusing access to the service without the fault of the Provider. In case of suspicion of sharing access to the service, the Provider is entitled to suspend the User's access to the service for the necessary period of time, provided that the right to payment for the relevant period is not affected.

VII.
Copyright and license agreements

  1. The User (data subject) acknowledges that all content of the website, i.e. in particular audio and video content, photographs, graphics and other elements contained on the website or available within the service are protected by copyright.
  2. Databases located on the website or available within the service are protected by a special right of the acquirer of the database, which is the Provider.
  3. Unless otherwise agreed in writing with the Provider, the authorized use of copyrighted works or databases by the User may occur only within the User interface of the service.
  1. The User is not entitled to copy, store or duplicate the content of the website or service, combine it with other copyrighted works or handle copyrighted works other than by using them within the service. The User is not entitled to bypass the technical means intended to protect the content.
  2. The User acknowledges that the computer programs that make up the website are protected by copyright. The User undertakes not to perform any activity that could allow him or third parties to unauthorizedly interfere with or use computer programs where the Provider of property rights is the Provider.

VIII.
Protection of personal data

  1. The protection of personal data of the User is provided in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
  2. The User agrees to the processing of the following personal data: Username, e-mail address, residential address (hereinafter collectively referred to as "personal data").
  3. The User acknowledges that he/she is obliged to state their personal data (during registration, in their User account, when ordering from the website) correctly and truthfully and that he/she is obliged to inform the Provider without undue delay about the change in their personal data.
  4. The Provider does not have automated processing of personal data (profiling) consisting in their use to evaluate certain personal aspects relating to a natural person.
  5. The processing of personal data is carried out at the place of business of the Provider (administrator), even by individual authorized employees of the controller or processor. The processing takes place through computer technology, or also manually for personal data in paper form in compliance with all security principles for the management and processing of personal data. To this end, the controller has taken technical and organizational measures to ensure the protection of personal data, in particular measures to prevent unauthorized or accidental access to, alteration, destruction or loss of personal data, unauthorized transfers, unauthorized processing and other misuse of personal data. All subjects to whom personal data may be made available respect the right of data subjects to privacy and are obliged to proceed in accordance with the applicable legal regulations concerning the protection of personal data. In accordance with the deadlines specified in the administrator's internal regulation or in the relevant legal regulations, personal data will be processed for the time strictly necessary to ensure the rights and obligations arising from both the contractual relationship and the relevant legal regulations.
  1. The Provider may authorize a third party to process the User's personal data as a processor. The processors of the Provider are mainly the following entities: …..
  2. Personal data will be processed for the time necessary to fulfill the subject of the Agreement, and no longer than for the period required by applicable law.
  3. The User has the right to request from the Provider (i) access to personal data concerning the data subject, (ii) their correction or deletion, (iii) restrictions on processing, (iv) the right to object to the processing, and (v) the right to data portability.
  4. If the User gives the Provider consent to the processing of personal data, he/she has the right to revoke this consent at any time, in the same form in which he/she provided it.
  5. The data user has the right to file a complaint regarding the processing of their data by the administrator to the Office for Personal Data Protection (www.uoou.cz).

IX.
Sending business messages and storing cookies

  1. The User agrees to the sending of information related to the Provider's services to the User's electronic address and further agrees to the sending of the Provider's business messages to the User's electronic address.
  1. The User agrees to the storage of so-called cookies on their computer, where the individual conditions are agreed by the User within the access to the Provider's website.

X.
Delivery

  1. Notices concerning the relationship between the Provider and the User, in particular regarding withdrawal from the Agreement, can be delivered by post in the form of a registered letter, email or via a User account. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective upon delivery by post, except for notice of withdrawal made by the User where withdrawal is effective if the notice is sent to the User within the withdrawal period.
  1. A notification whose receipt was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.
  2. The Contracting Parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the User's User account or specified by the User in the order, resp. to the address provided on the provider's website.

XI.
Final provisions

  1. If the relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
  2. The Provider is not bound by any codes of conduct in relation to the User in the sense of the provisions of Section 1826 par. 1 let. e) of the Civil Code.
  3. The out-of-court settlement of consumer disputes from the Agreement is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company Reg. No.: 000 20 869, Internet address: http://www.coi.cz
  4. The User hereby assumes the risk of a change of circumstances in the sense of Section 1765 para. 2 of the Civil Code.
  1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase Agreement or the terms and conditions require a written form.
  2. The Agreement, including the terms and conditions, is archived by the Provider in electronic form and is not accessible.
  3. The appendix to the terms and conditions is a sample form for withdrawal from the Agreement.
In Opava 1. 5. 2021, Pavol Hudran
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