BUSINESS TERMS AND CONDITIONS
Provider and web and application services operator:
I. GENERAL PROVISIONS
These Business Terms and Conditions define and specify rights and obligations of Provider and Users of the software applications Sygic Travel Trip Planner app, Sygic Travel website and Sygic Travel Destination Guides apps. These are further referred to as "Sygic Travel apps". For a complete list of applications governed by this terms of service, consult:
These Business Terms and Condition apply only to Users that have purchased or intend to purchase from the Provider acting as end consumers. Specifically, these Business Terms and Conditions do not cover provisions between the Provider and Businesses.
The User has the possibility to acquaint himself with these Business Terms and Conditions before sign in to use the Sygic Travel apps and/or purchase the Premium version of the Sygic Travel apps. They are pointed out to User well in advance and the User is asked to read through them carefully. By signing in or by purchase describe below in these Terms and Conditions, the User confirms that he is familiar with these Terms and Conditions and agrees to be bound and abide by these Terms and Conditions.
The User agrees with the use of remote communication means for the purpose of concluding a contract with Provider. User's costs incurred by use of remote communication means in connection with conclusion of the contract (costs of internet connection, costs of phone calls) shall be paid by the User himself.
This and all other contracts between the User and the Provider shall be closed in English unless explicitly agreed by both parties. Provider does not guarantee communication in any other language than English.
II. PROVIDED SERVICES
Sygic Travel offers services for travel planning. Some of these services are offered free of charge. The features available in the free version may vary across the platforms and can be changed without prior notice by Sygic Travel.
In order to access all the features provided in Sygic Travel apps, the User can acquire Premium version. The premium version is charged in accordance with the current Price List of the Provider.
Price of Premium may be subject of adjustments to take into account market changes, platform, means of payment or market or be temporary substituted by special/promotional prices.
Premium may be sold both as a onetime purchase as well as in a form of recurring or non-recurring subscription.
For the full use of the Sygic Travel apps (both the free version and the premium version) the User has to be registered.
Registered Users shall be obliged to protect their access passwords. They shall promptly report any loss or misuse of their password to Provider so that Provider can adopt adequate measures. Nevertheless, Provider shall not be liable for any damage caused by loss or misuse of User's access data.
When making registration the User shall be obliged to give only true and complete data as required by Provider. Should the User give untrue and/or incomplete data, the User shall be fully liable for any damage caused thereby. Provider shall not be liable for any data misuse by Users at the Sygic Travel apps. The User shall be obliged to use the services of Provider in the Sygic Travel apps only in accordance with the applicable legal regulations of the Czech Republic.
User is obliged to update required data, especially e-mail address, in case it changes.
Provider can block User's data in case of justified doubts concerning their correctness. Should it be impossible to correct or verify those data, or should such a correction or verification be connected with inadequate costs or difficulties, the data shall be destroyed.
Provider may remove User's account and all of User's data provided the account has not been used for at least 12 months or when the User is in a substantial violation of these Business Terms and Conditions.
IV. PREMIUM VERSION PURCHASE PROCEDURE
The user can purchase or subscribe to Premium version from within mobile Sygic Travel apps as an in-app purchase, using Apple App Store, Google Play or similar store provided on different platforms or using a payment gateway on the web. Purchase is completed as soon as the respective store or payment gateway confirms it and confirmation is shown to the user. User can obtain the purchase receipt from the respective store or payment gateway.
Providers website and mobile apps show information about Premium version and included services, prices including all applicable taxes and fees and means of purchase. Prices may be different across platforms, means of payment and markets to reflect different taxes and fees, currency exchange rates and promotions.
Purchase is tied to User's account. User is able and obliged to update the account information prior purchasing as necessary.
User agrees to use electronic communication (e-mail) for the purchase and subsequent communication with the Provider. User covers the cost of using electronic communication.
After conclusion of the Contract between User and Provider according to the procedure laid down above, the User shall have the full access to the Premium version of Sygic Travel apps. Provider confirms the purchase to the e-mail address used in User's account.
The user expressly grants the approval to the Provider to start providing services in Premium version of the Sygic Travel apps before the expiration of the statutory deadline for withdrawal from the contract concluded with a consumer. In the event that the Provider fulfilled his obligation to provide Premium version Sygic Travel apps to the User before this deadline for the withdrawal, the User shall have no right to withdraw from the contract concluded with Provider. Revocation of Premium version of Sygic Travel apps can be requested at any time if User does not intend to obtain the refund of paid fees.
The contract resulting from the purchase is archived by the Provider and is not publicly accessible.
Subscription to Premium version is facilitated through Apple App Store, Google Play or directly from the Provider on the website. Subscription can be only managed or cancelled using the channel through which it was purchased.
Apple App Store:
User can subscribe and pay through iTunes account. Payment will be charged to iTunes account at confirmation of purchase. Subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. User's account will be charged for renewal within 24 hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renew may be turned off after purchase by going to the 'Manage Subscription' page in settings. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. The subscription will renew at the same cost.
User can subscribe and pay through Google account. Payment will be charged to Google account at confirmation of purchase. Subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. User's account will be charged for renewal within 24 hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renew may be turned off after purchase at the Google Payments Center. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. The subscription will renew at the same cost.
User can subscribe and pay through Payment gateway and subscription is linked to the user account. User will be charged at confirmation of purchase. Subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. User's account will be charged for renewal within 24 hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renew may be turned off after purchase by going to the 'User Account' on the website. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. The subscription will renew at the same cost.
V. PRICE LIST AND PAYMENT TERMS
|Sygic Travel Premium||US $4.99||US $24.99|
The price might differ in User's local currency due to different taxes, exchange rates, market policies and store policies.
Total price of the Premium version of Sygic Travel apps is displayed upon order submission and must be approved by the User.
All prices of Premium version of Sygic Travel apps shall be valid at the time of order submission and binding purchase of the Premium version of Sygic Travel apps. Provider reserves the right to change prices of Premium version of Sygic Travel apps any time. All prices specified for the Premium version of Sygic Travel apps shall include the statutory amount of VAT.
Provider may offer free period of Premium subscription that entitles the user to use Premium version of Sygic Travel apps. In this case, the payment is postponed for the duration of the free period and no payment is made in case the subscription is cancelled during the free period.
VI. PERSONAL DATA
Provider shall act so that no damage is caused to the data subject's rights, particularly the right to maintenance of human dignity, and it shall ensure protection against unauthorized infringement of the data subject's private and personal life. Personal data provided by the User to Provider on a voluntary basis for the purposes of order fulfillment and Provider marketing campaigns shall be collected, processed and stored in accordance with the applicable laws of the Czech Republic, particularly Act No. 101/2000 Coll., on Personal Data Protection, as amended.
With the exceptions specified in these Terms and Conditions, Provider shall not disclose the personal data to any third party.
Depending on the selected method of payment for the Premium version of Sygic Travel apps under these Terms and Conditions, Provider may disclose data necessary to make payments and check solvency of Users to payment gateway operators.
By accepting these Business Terms and Conditions, the User grants Provider his express approval of personal data collection and processing for the purposes of fulfillment of the concluded contract between User and Provider.
Provider shall collect, with User's approval, User's personal data, i.e. name, address, phone and e-mail. Those data shall be used particularly to facilitate User's orders or registration in the future.
The User shall have the right to access his personal data and the right to have them corrected in the way specified by these Terms and Conditions, including the right to demand explanation and removal of a defective state and other statutory rights to those data. The User can change his data kept by Provider on the basis of a request sent as an e-mail message to firstname.lastname@example.org.
The User may withdraw his approval of personal data storage and processing or of commercial communication distribution at any time by sending an e-mail message to email@example.com. Provider shall archive individual contracts concluded in the electronic form and they shall be accessible to Provider only.
VII. RESPONSIBILITY OF PROVIDER
Users use Sygic Travel apps at their sole risk. The service is provided "as is" and "as available". Provider disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider is not responsible for damages to Users or to third parties or to their hardware that occur directly, indirectly nor accidentally as a result of nor in connection with the use of services and/or products of the Provider, including the download of material through Sygic Travel apps. Provider shall be responsible only for the damage incurred by the User by deliberate actions of Provider pursuant to the applicable legal regulations. In addition, Provider shall be responsible only for the failure to fulfill obligations laid down by these Terms and Conditions.
In order to ensure safety of message and data transmission in connection with provision of the Service by Provider, Provider shall be obliged to take technical and organizational measures necessary to ensure safety of Services, particularly measures preventing acquisition and modification of Users' personal data transmitted via the internet. Provider is not liable for damage to Users or third parties as a result of the inability to use services of the Provider, nor direct, indirect, nor in connection with this event. Hence, User is solely responsible for any damage to his computer system or other device or loss of data that results from the download of any such materials.
Provider shall not be responsible for damage caused by malfunction of the Sygic Travel apps, data destruction, damage or loss. Provider shall not be responsible for any damage caused by inaccurate or incorrect information of any kind. It is the responsibility of the User to double check information provided by Sygic Travel.
Provider shall not be responsible for and shall not guarantee obligations of persons whose offers may appear at the Sygic Travel apps in the form of advertisements or otherwise. Provider shall not be a party to any legal relation established by the User with such third persons. Provider shall not be responsible for the veracity, contents and form of third party's advertisements in the Sygic Travel apps.
Provider is not liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. The limitations on Provider’s liability which are lawful in User's jurisdiction will apply to User.
According to Act No. 121/2000 Coll., the Copyright Act, as amended, Provider shall be entitled to exercise proprietary copyrights to the Sygic Travel apps. Provider shall have all rights to the very contents of the Sygic Travel apps, including the text and its designs, graphics, all pictures, the website travel.sygic.com (or website www.tripomatic.ccTLD, where ccTLD, country code Top-Level Domain, is natural domain of the respektive country, where the Provider provides local version of the website) as well as selection and arrangement of the files contained in the Sygic Travel apps.
Users agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of provider`s copyrighted material, except to the extent permitted in writing by Provider. In the event of questions about whether and how to use of materials in the Sygic Travel apps, Users can address their concerns to: firstname.lastname@example.org.
By using the Sygic Travel apps or its parts, the User shall not obtain any rights to the very contents of the Sygic Travel apps. In order to protect the interests of Users and Provider, particularly the following is forbidden as a prohibited use of the Sygic Travel apps – any automated data and information collection; copying and saving of information, data and pictures for purposes other than User's personal ones; distribution of unsolicited information, scraping and reverse engineering.
IX. USER CONTENT
All Content added, created, uploaded, submitted, distributed, or posted to the Website by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User represents that all User Content provided by User is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User acknowledges that all Content, including User Content, accessed by User using the Website is at User`s own risk and User will be solely responsible for any damage or loss to User or any other party resulting therefrom. We do not guarantee that any Content User access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, User hereby grants Provider a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with Sygic Travel apps and provider’s (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). This license to the Provider is granted irrespectively to the license under which such content is published.
The foregoing license grants to Provider does not affect other ownership of the User or license rights in User Content, including the right of the User to grant additional licenses to User Content, unless otherwise agreed in writing. User represents and warrants that he has all rights to grant such licenses to Provider without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
X. USER CONTRIBUTIONS AND CONTENT STANDARDS
Sygic Travel apps contain user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow Users to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, etc.
The Provider reserves the right to remove User Content that is conflicting with the rules laid down by these Terms and conditions.
Provider shall settle User's claims via the e-mail address email@example.com.
User's claim should include description of the problem as a basis of the claim filing and the User shall specify his data, especially name and registered e-mail address in a form sufficient for the Provider to be able to find User's records.
Provider shall confirm the receiving of a claim to the User as soon as possible after the User has filled the claim to the e-mail address given by the User. Provider shall inform the User about the claim settlement within 30 days from filing the claim.In case the User is not satisfied with the complaint settlement or the settlement was not reached in time, the user can reject the settlement by writing within 10 days of receiving the settlement. In case a new settlement is not reached within the 30 days of the first rejection, the User has right to file a complaint to the governing body according to article 20d 634/1992 Coll. on Consumer Protection.
The governing body for consumer claim settlement with the provider is Česká obchodní inspekce, Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869, website: https://www.coi.cz. Consumer can also use European on-line platform for claim resolution, available at http://ec.europa.eu/consumers/odr/
XII. GOVERNING LAW AND JURISDICTION
Users and Provider expressly agree that all their mutual relations shall be governed by the law of the Czech Republic. Users and Provider agree on the subject-matter and local jurisdiction of the general court in the Czech Republic.
XIII. FINAL PROVISIONS
These Business Terms and Conditions shall be in force as amended in the Sygic Travel apps on the day of sign in to Sygic Travel apps. These Terms and Conditions are executed in English.
By signing in the User shall accept without reservations all provisions of the Business Terms and Conditions as amended on the day of signing in.
Provider reserves the right to change or remove at any time and without prior notice any part of contents of Sygic Travel apps or to suspend operation of free version of Sygic Travel apps for an unlimited period of time primarily for maintenance and improvement of the Sygic Travel apps.
Should any User be dissatisfied with the Sygic Travel apps, disapprove of any part of these rules, it shall be an exclusive right of each User to stop using the Sygic Travel apps and not to use the Sygic Travel apps anymore.
Provider reserves the right to change these Terms and Conditions at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The User shall be obliged to regularly check the form and possible changes of these Terms and Conditions. If the
User uses the Sygic Travel apps in any way even after any change thereof, he shall be considered familiar with the changes hereof and approving of them without reservations. Hence, Provider encourages all Users to fully read this agreement and review it regularly.