Terms and Conditions
By registering and also by continuing to use the services, the User consents to the Terms and Conditions of Numbro s. r. o. for the use of the Numbro application specified below. The Terms and Conditions are binding to the User and the Provider at the moment registration is confirmed or the service is further used.
- Definitions
- In these Terms and Conditions:
- Operator means Numbro s.r.o., with its registered office at Jičínská 226/17, Prague 3, 130 00, entered in the Commercial Register at the Municipal Court in Prague, section C, inset 315766, Company ID No.: 08257124, Tax ID No.: CZ08257124.
- Application means the web and mobile application called Numbro, which is used to administrate, import and export contacts and the data added to them.
- GCTC means these Terms and Conditions.
- SSO (Single Sign-On) means a unified login provided by a third party
- Agreement means the agreement concluded between the User and the Operator on the provision to the User of a Licence to use the Application under the conditions indicated in the GCTC, available at the web address app.numbro.com.
- Licence means a non-exclusive licence to use the Application under the conditions in the GCTC.
- User means any legal or physical person other than the Operator who uses the Application.
- User Account means the private section of the Application accessible by a User after they enter their Login Information.
- Login Information means the unique combination of the User’s login name and password selected by the User, or the SSO authorization data from a Google or Microsoft service that the User stored in the Application database when their User Account was established through the Application, or the data that is automatically generated for the User by the Application.
- Tariff Change for a User Account is considered a proposal for a change to the Agreement. This proposal is accepted when a Tariff Change is confirmed.
- Account Cancellation is the irreversible deletion of one or all accounts of a User and all the data associated with the cancelled account. Account Cancellation also results in cancellation of the Agreement.
- In these Terms and Conditions:
- Process for concluding the Agreement to use the Application
- Registration or login of the User performed through establishing an account (by completing and sending a registration or login form or authorization via an SSO service from Google or Microsoft) or through the acceptance of an invitation to sign up for an account is an offer to conclude the Agreement.
- The display of the screen after registration or login in the case of the web application, and e-mail confirmation of registration or login by the Provider sent to the e-mail address entered by the User in the case of the mobile application, is an acceptance of the offer. The Agreement is concluded at the moment of acceptance of the offer. This Agreement is concluded for an indefinite period of time. The User hereby also expresses their consent to the GCTC.
- The following provisions of the GCTC come into effect upon concluding the Agreement.
- Use of the Application
- The Operator grants the User a Licence within the scope and under the conditions indicated in the user environment of the Application, in particular, the conditions indicated for this type of User Account.
- In order to obtain the Licence, the User undertakes to pay the Operator the amount of remuneration indicated in the user environment of the Application, while if no remuneration is listed for the specific method of use (in particular, for the given User Account), the Licence is provided free of charge.
- If the Licence has been granted for remuneration, the Operator may provide performance of the Agreement (e.g., make a given part or function of the Application accessible) only from the moment the remuneration for the Licence is paid, while if the User does not pay the full remuneration for the Licence by the deadline set by the Operator, otherwise immediately, the Agreement will be automatically cancelled in full.
- After the Licence expires, the Operator may fully or partially prevent access to the User’s User Account.
- The User may not grant a sub-licence to a third party to use the Application.
- All financial performances executed through either the Application or a payment gateway linked to the Application are considered paid upon credit of the whole relevant amount to the relevant bank account of the Operator.
- The Operator may shut down, change or prevent access from an internet address to the Application or part thereof at any time and for any reason.
- The User may use the Application under the conditions of the Agreement in the current version available from the relevant internet address.
- The User undertakes to behave when using the Application in a manner that neither they nor the Operator incur any damage through the use of the Application.
- Database
- The User may not automatically (in particular, through software bots) mine the database associated with the Application through the Application.
- The User and Operator hereby agree that any data entered by the User into the database of the Application constitute a part of the database collected by the Operator and become part of the database of the Operator without the User acquiring any right whatsoever to the database of the Application through their actions described in this paragraph.
- The Contracting Parties understand, mutually declare and do not dispute that the Application complies with the conditions of Section 562(2) of the Civil Code, meaning that the data records in the Application and its database as an electronic system are reliable and operated systematically and sequentially and are protected from changes.
- Liability for damage
- The Operator is fully liable towards the User for any damage caused by the Operator to the User through any violation of obligation of the Operator indicated in this Agreement or the GCTC.
- Change to the GCTC
- The User understands that the Operator concludes the Agreement with a large number of persons in the ordinary course of business and that such Agreements are of a binding, long-term nature for repeated performances of the same type with reference to the GCTC. The Contracting Parties do not dispute that the nature of the obligations of the Operator in accordance with the GCTC means that a reasonable need for subsequent changes to the GCTC arises and already arose before the conclusion of the Agreement.
- The Contracting Parties hereby agree that the Operator may change the GCTC within a reasonable scope and also agree that such change to the GCTC will be notified to the User as the other Contracting Party by e-mail sent to the e-mail address entered by the User into the Application. In such a case, the User may refuse such change to the GCTC and cancel the obligation between them and the Operator with a notice period of one (1) calendar month, that commences on the day following the date the notification was sent, which the Contracting Parties hereby mutually declare is sufficient time to secure similar performances from a different entity.
- If a new Agreement is concluded in relation to an already existing User Account (meaning for the renewal or extension of a User Account), such Agreement is governed by the GCTC in their wording as of the date of conclusion of such Agreement.
- Personal data protection
- The Operator has a statutory obligation to protect and secure any personal data provided. The Operator therefore uses various effective security technologies to ensure that the personal data are protected against unauthorized access or use.
- More detailed information about the protection of personal data can be found in Personal Data Protection.
- Mandatory consumer information
- This article of the GCTC is only effective in relation to a User who is a consumer. The provisions in this article of the GCTC do not apply to enterprises – self-employed persons or companies.
- The Operator hereby informs the User that:
- the correspondence address of the Operator is the same as the address of the registered office of the Operator given above;
- the telephone number of the Operator is +420 228 882 450;
- the address of the Operator for electronic mail is support@numbro.com;
- the remuneration of the Operator for the Licence is determined without a specific tax rate and its amount or method of calculation are determined in the Application;
- the remuneration of the Operator for the Licence is determined without a specific tax rate and its amount or method of calculation are determined in the Application;
- The User must pay the remuneration for the Licence to the Operator, unless the Licence is provided free of charge through one of the methods indicated for that option in the user environment of the Application;
- The User will not incur any delivery costs;
- The User may withdraw from the Agreement without providing a reason and without any sanctions within 14 days of receipt of performance. Receipt of performance means the provision of a Licence;
- the User will not incur any costs for the use of remote means of communications in relation to the Operator;
- the correction of errors that occur during data entry may also be performed through the Application, and where the Application does not enable this, through technical support, whose contact details are provided in the Application;
- The Operator complies with all valid legislation of the Czech Republic; no other codes are binding on the Operator;
- The Operator does not resolve any disputes out of court;
- this Agreement does not address the delivery of goods, and therefore the provisions of legislation on warranty claims do not apply to the Application; liability for apparent or hidden defects in the Application that the Application had when made available to the User can be exercised against the Operator under the conditions determined in legislation, the Agreement or the GCTC;
- The User must comply with the GCTC, which form part of the Agreement, and with the valid and effective legislation of the Czech Republic;
- The User may contact the supervisory body or state supervision with a complaint. The Czech Trade Inspection Authority handles out-of-court consumer complaints in a manner and under the conditions stipulated by the relevant legislation.
- Applicable law
- The GCTC and the Agreement are governed by the law of the Czech Republic, in particular Act No. 89/2012, the Civil Code, as amended.
- Any disputes that arise based from the Agreement or the GCTC will be decided on by the courts of the Czech Republic with the subject matter and local jurisdiction.
- Electronic evidence of sales
- According to the Act on Registration of Sales, a seller is obliged to issue a receipt to a buyer and at the same time register the received revenue with the tax administrator online; in the event of technical failure, then within 48 hours at the latest.
- An invoice containing the mandatory data and a receipt in accordance with Act No. 112/2016, on the registration of sales, will be received by the User in the form of a link to download those documents through the Application interface or as an e-mail attachment. The buyer consents to this.
- Effect
- The GCTC become valid and effective on 1 June 2019.