The URKLA internet server and mobile application is operated by Urkla Tech Ltd., with its registered office at Na Ořechovce 574/11, Střešovice, 162 00 Prague 6, Czech Republic, Registration Number: 08183716, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 314033 “Operator”). These Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to all services and mobile applications of the Operator which the Operator operates or operates (hereinafter referred to as the “Services”).
The Terms of Service govern the registration of users of the Services provided by the Operator (Part A), the terms of the Service Agreement (Part B), and the terms of a particular Service (Part C). The provisions of the Terms of Service of each Service shall precede the provisions of Part A and Part B of these Terms.
Part A – Terms of Service Registration
- 1. Description of the Services
These Terms and Conditions regulate the rights and obligations of the Operator and users of the Services during registration, login and logout, within the Internet interface or mobile application. Under the Terms and Conditions, it is irrelevant whether the User has registered via the Internet interface or mobile application.
- 2. Rights and obligations of the contracting parties
- 2.1 To use the Services, the User is obliged to create a User Account and use it in accordance with these Terms (hereinafter referred to as the “User”).
- 2.2 As part of the process of setting up a user account, the prospective User is obliged to provide the required data. These details are marked with an asterisk and cannot be completed without the registration. The User has the right to provide other information that enables the User and the Operator to use other Services or to take advantage of the established user account. The user may add data to his / her user profile at any time after the user account has been created.
- 2.3 The User Account is made up of the User Name and Access Password selected by the User. The user is required to enter the username in the form firstname.name. The User is obliged to maintain confidentiality regarding the information necessary to access the User Account and at the same time acknowledges that the Operator is not responsible for breach of this obligation by the User, in particular for any possible damage or harm that may result to the User.
- 2.4 The User is entitled to change the password at any time in the user interface of the account. If the User forgets the password for the user account, he / she can reset it upon request delivered to the Operator.
- 2.5 The user account is charged according to the terms of the Services. The User acknowledges that the Operator is not obliged to conclude a Contract with him (he may refuse to register the User), especially for persons who have previously breached the Contracts with the Operator.
- 2.6 The user acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment, respectively. necessary maintenance of third party hardware and software.
- 3. Login and logout of the User
- 3.1 The User logs into the Service by logging in to the user account, ie by entering the user name and access password.
- 3.2 By logging in, the User is allowed to use the individual Services, provided that the User has accepted the terms and conditions of the relevant Service. The user account is usable across the Services, ie when switching between the Services, the User is automatically logged in and there is no need to re-enter the login information. However, for technical reasons, it is possible that the individual Services will ask the already logged-in User for a special login or acceptance of special contractual conditions.
- 3.3 To unsubscribe from the Service, the User uses the “Unsubscribe” link on the Services page. By logging out of any Service, the User is logged out of all Services and the User is prevented from using the Services in a manner requiring login.
- 3.4 The User is entitled to access his / her user account and the offered content of the Services, which will be made available to him / her. In particular, from its user interface, the User may manage his / her data, enter and remove information about himself / herself, manage it and set optional items of the Services.
- 4. Consequences of breach of User’s obligations
- 4.1 The Operator reserves the right to delete a user account if it was established in violation of good morals or public policy or the rights of the Operator and / or third parties, even without a prior rectification request and without compensation.
- 4.2 The Operator further reserves the right to delete a user account in violation of the Terms and / or Terms of Service of individual Services and / or applicable legal regulations.
- 5. Processing of personal data
- 5.1 The operator shall process personal data in accordance with Regulation (EU) No 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 (the General Data Protection Regulation; “), Act No. 110/2019 Coll., On the processing of personal data, Act No. 111/2019 Coll., Amending certain acts with the adoption of the Act on processing of personal data, Act No. 480/2004 Coll., On some information society services, Act No. 127/2005 Coll., on electronic communications and other legal regulations regulating the protection of personal data.
- 5.2 For the registration and maintenance of the user’s user account, the Operator is entitled to process the user’s personal data or personal data provided or entered by the user during registration or added to the user profile. Such processing of personal data is lawful as it is necessary for the performance of the contract under which the Operator provides registration for the use of the Services and to which the user is a party as a personal data subject.
- 5.3 In specific cases, the Operator may process personal data beyond Article 5.2. Conditions according to the specific purpose for the protection of the legitimate interests of the Operator or third parties (eg interest in the safe functioning of the Service) according to the legal requirements for the processing of personal data.
- 5.4 If the User has handed over or transferred to the Operator the personal data of other natural persons, the User is obliged to inform these natural persons about the processing of personal data and thus ensure the lawfulness of the processing of personal data. Otherwise, the User shall be liable to the Operator for any damage caused.
- 5.5 The transfer of data, which may be in the nature of personal data, may occur to a third party if this is done in connection with the provision of the Services and is thus stipulated in a contract between the Operator and such third party.
- 5.6 More detailed information on the handling of personal data can be found on the Operator’s website in the relevant section.
- 6. Conclusion of Service Contract
- 6.1 The User shall make a proposal to conclude a Service Agreement by filling in the registration form at the Internet address (URL): https://www.urkla.com and sending this data to the Operator by clicking on the relevant button. Upon delivery of the order, the Provider shall enable the User to log in to the User’s user account and make a payment for the selected Service. The provisions of Section 1740 (3) of the Civil Code shall not apply. The contract is concluded by payment.
- 6.2 The User agrees that the Provider will start providing the Service under the Contract immediately after its conclusion, even before the expiry of the statutory withdrawal period.
- 7. Price of Services
- 7.1 The User-selected Service is provided for consideration. The User is obliged to pay for the service the price according to the current price list of the Operator valid when ordering the Service. The current price list is available on the Internet (URL): https://www.urkla.com. Prices are in USD. The value added tax system and any other taxes and mandatory rates will be levied in accordance with the applicable legislation at the date of the chargeable event, which is the date of conclusion of the Service Agreement. Details of the final price for consumers are given in the price list.
- 7.2 The operator is entitled to change the price list at any time by posting a new price list at the Internet address (URL): https://www.urkla.com. The price change does not affect already existing fixed-term contracts.
- 7.3 The payment is paid by means of payment by credit card or any other method enabled by the Operator (eg PayPal).
- 8. Provision of Services
- 8.1 Due to the nature of the Services, the Operator is not able to guarantee 100% availability of the Services. Thus, the Operator need not provide the service in particular in the case of
- Routine maintenance (which does not exceed 15 hours per month) or remedy of abnormal failures,
- Force majeure, eg when there are power outages, data network outages or other disturbances caused by third parties,
- Failures caused by cyber attacks, etc.
- 8.2 All recommendations and information displayed within the information accessible within the Services are of a non-binding nature and are not expert advice, which the User acknowledges. The user is always obliged to contact an expert advisor regarding the use of these recommendations and information.
- 8.3 The Operator does not guarantee the functionality and correct display of digital content if the User uses a non-standard web browser (current browsers are IE10 +, FF57 +, Opera 57+, Chrome 63+ or Safari10 + browsers with JavaScript, CSS styles and image display enabled. or the appropriate equivalent of the version of the Internet browser on the portable device you are using).
- 8.4 The Operator is entitled to change, supplement or limit the structure of the Services, the provided elements of the Services and the scope of the Services without having to notify the User thereof.
- 8.5 In the event of interruption or restriction of the provision of Services for reasons on the part of the Operator, the liability of the Operator towards the User is limited only to the responsibility to renew the provision of Services.
- 9. Terms of Use of the Services
- 9.1 Within the Service, the User may not store or distribute information whose content is contrary to good morals or generally binding legal regulations, in particular content that:
- Infringes on copyright or related rights of third parties,
- Interferes with the rights to the protection of the personality or reputation of third parties,
- Calls for violence,
- Violates legal standards aimed at protecting against hatred of a nation, ethnic group, race, religion, class or other group of persons or restricting the rights and freedoms of its members.
- 9.2 The User acknowledges that the Operator is not responsible for the settings made by the User in the user account.
- 9.3 The User may not use mechanisms, tools, software or procedures within the Service that have or could have a negative impact on the operation of the Provider’s equipment, Internet security or other Internet users.
- 9.4 The User shall not engage in any activity aimed at preventing or restricting the operation of the Service or server of the Provider on which the Service is operated or performing other attacks on this server, nor shall he assist any third party in such activity. The User may not use the User Account and the Service in a manner that would unduly restrict the use of the Service by other Provider’s customers or otherwise unduly restrict the Provider. In particular, the User may not burden the server of the Provider on which the service is operated with automated requests.
- 9.5 If the Service allows the storage or publication of information by the User, the User acknowledges that the Operator does not carry, in accordance with Section 5 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Certain Services Act). information society), as amended, responsibility for the content of such information.
- 9.6 The Operator is entitled (but not obliged) to perform a preventive check of information stored or distributed by the User within the service. In the event that the content of this information could violate these Terms, generally binding legal regulations or good manners, or would be contrary to the interests of the Operator, the Operator is entitled to delete this information or prevent its dissemination and the Operator is entitled to withdraw from the Contract. In the event that any third party asserts rights in relation to the storage or distribution of information stored or distributed by the User within the Service, the Operator is entitled to immediately remove the content of information stored or distributed by the User within the Service.
- 9.7 In the event that any third party asserts rights in connection with the performance of the Contract, the User undertakes to immediately provide the Operator with all documents and documents necessary to resolve such a request and, if necessary, to successfully file a dispute with this third party.
- 9.8 The Operator is entitled to carry out anonymous processing and analysis of data, whether obtained when using the Services by the User or received from third parties, unless it is personal data in accordance with special legal regulations.
- 9.9 To the extent permitted by the applicable legal regulations, the Operator and the User agree that, pursuant to § 2898 CC, they exclude the obligation of the Operator to compensate for damage caused by any legal fact, except for damage caused by intentional or grossly negligent conduct of the Operator.
- 10. Complaints about defects in the Services
- 10.1 The Service will be provided to the User in a quality that can reasonably be expected taking into account the nature of the Service and its purpose. The complaint of the Service may be delivered to the Operator via a user account.
- 10.2 In the case of a justified complaint, the User has the right to a reasonable discount on the price of the Service, or, if the Operator chooses, the period for which he / she can use the Service will be reasonably extended. The Operator shall inform the User of the settlement of the claim within 30 days from the date of receipt of the claim.
- 10.3 If the User is a consumer and if the Operator refuses to respond to the complaint or fails to respond within 30 days of the date of dispatch, the consumer has the right to file a petition for the out-of-court settlement of his dispute pursuant to Section 20d et seq. Act No. 634/1992 Coll., on Consumer Protection, to a designated entity of out-of-court settlement of consumer disputes, the Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, email: adr @ coi .cz, or another entity authorized by the Ministry of Industry and Trade registered in the list of subjects of out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic.
- 11. Termination of Services
- 11.1 The Operator may withdraw from the contract with the effects of ex tunc if the User’s conduct is in conflict with these Terms or generally binding legal regulations. In the event of withdrawal from the contract, the User is obliged to pay the Operator a contractual penalty in the amount of the paid price for the URKLA Services. The Operator is entitled to set off the contractual penalty on the obligation to return the paid price to the User.
- 11.2 In the event that the Operator fails to fulfill its obligations duly and on time and fails to remedy, even on the basis of a request made by the User, the User has the right to withdraw from the contract. You can also challenge the user account.
- 11.3 If the User wishes to cancel an already ordered Service and withdraw from the concluded contract, it may be done within 2 working days of ordering the Service. In this case, the Client is obliged to pay the Service Provider a cancellation fee of 50% of the given amount of the service.
- 11.4 In accordance with Section 1829 (1) of the Civil Code, the user who is a consumer is entitled to withdraw from the contract within 14 days of its conclusion. Withdrawal can also be made through a user account.
- 12. Intellectual property rights
- 12.1 The User acknowledges that the texts, photographs, graphics and other elements contained on the Website or available within the Service are individually and / or as a whole (collectively referred to as the “Works”) protected by copyright. Databases located on the website or available within the service are protected by a special right of the maker of the database, which is the Operator. Unless otherwise agreed in writing with the Provider, the authorized use of copyrighted works or databases by the user may only take place within the Service user interface, so it is prohibited to copy, store or duplicate this content in any way, this was done in a manner expressly permitted by law.
- 12.2 The User acknowledges that the computer programs constituting the Website are protected by copyright. The User undertakes not to perform any activity that could enable him or third parties to tamper with or use computer programs for which he is the owner of the property rights or the Operator.
- 13. Final provisions
- 13.1 The Operator reserves the right to unilaterally change these Terms and Conditions to a reasonable extent, especially in the event of a change in generally binding legal regulations, a technical change of Services or in the event of a change in operational, organizational or business processes at the Operator. The Operator shall notify the User via the Service Interface at least 30 days before the change becomes effective. The User has the right to refuse to change the Terms and Conditions until they become effective, in which case his / her will will be deemed a withdrawal from the User Account Agreement. If the User continues to use his / her user account after the effective date of the change to the Terms, he / she is deemed to accept the change to the Terms.
- 13.2 Unless otherwise agreed, all correspondence relating to legal acts relating to the provision of the Services or these Terms and Conditions must be delivered to the other party in writing, by e-mail (simple e-mail) or by post. The user is delivered to the user’s address – the e-mail address specified in his / her user account or as a message to the user’s account.
- 13.3 The message is delivered in the case of delivery by e-mail at the moment of its receipt to the incoming mail server.
- 13.4 All disputes that could arise on the basis of or in connection with these Conditions shall be settled by the competent Czech court. If the User is an entrepreneur, within the meaning of Section 89a of the Code of Civil Procedure the locally competent court shall be determined by the registered office of the Operator on the date of filing the action.
- 13.5 If one or more provisions of these Conditions are or become invalid for any reason, this shall not affect the validity of the other provisions of these Conditions.
- 13.6 Legal relations arising under these terms and conditions shall be governed by the laws of the Czech Republic.
Part C – Terms of Use of the URKLA Service
- 14. Description of the URKLA Service
- 14.1 The URKLA service is used to obtain and evaluate bids for the User based on his / her demand. Demand means a sent request from the User in order to find a suitable supplier of goods or services. Sorting and filtering can compare prices and conditions of the addressed persons. The service is available on the Internet (URL): https://www.urkla.com.
- 15. Definitions
- 15.1 Offer means the offer of goods or services by third parties requested by the User and displayed through the server https://www.urkla.com.
- 15.2 User means a User who searches and compares Offers through the URKLA Service.
- 16. URKLA Service Rules
- 16.1 The URKLA service is closed for a definite period of time, depending on the selected variant of the Service. The individual variants of the Service are defined at the Internet address (URL): https://www.urkla.com.
- 16.2 The URKLA Service is used to obtain and evaluate Offers for the User based on his / her demand. However, the Operator does not guarantee the number of submitted Bids from the demanded persons. Demand shall mean the User’s invitation to submit an offer pursuant to Section 1733 of the Civil Code in order to find a suitable supplier of goods or services. The service distributes requests to selected persons and evaluates them as follows:
- 16.2.1 Price Comparison
- 16.2.2 Comparison of unit prices
- 16.2.3 Supplier success statistics in tenders
- 16.2.4 Supplier filtering for individual tenders
- 16.2.5 Selection of suppliers by location
- 16.2.6 Price Analytics
- 16.3The URKLA service enables archiving of all documents received in the framework of offers.