TERMS AND CONDITIONS

 

1.1. Thank you for supporting us by downloading our Flaminger app (hereinafter also referred to as the “application”).

1.2. By installing and creating an account in our application, you accept these terms of use between you and the following company:

Oceanet Ltd

Suite 9, Ansuya Estate

Revolution Avenue

Victoria

Mahe

Seychelles

1.3. For the clarity of these terms, use of “you”, “user” or “client” herein is always taken to mean the application user and the account owner. Each application user is entitled to open only one account.

 

2. Introductory provisions

2.1. By downloading the application and creating an account, the user confirms that he or she has read and agrees to abide by:

(i) these terms;

(ii) the privacy policy and safety rules;

(iii) all terms and conditions that he or she has agreed or agrees to use when making a purchase or approving the use of additional features, products or services, including third-party terms and conditions;

(all collectively referred to as the “terms of use”).

2.2. Prior to downloading the application and creating an account, the user is always obliged to familiarise himself or herself with the wording of the terms of use. Please read all terms of use carefully and thoroughly. If you have any questions, please contact us here.

2.3. Please note that the possibility to download the application does not automatically imply compliance with terms and conditions of its use. The store provider allows to limit downloading the application for those under the age of 17. In contrast, the company requires a user to be at least 18 years old for valid opening of account and further use under these terms and conditions.

2.4. If you do not agree with any document or any provision contained therein, you must stop using the application immediately and delete it. It is not possible to use the application without accepting and agreeing to the terms of use.

2.5. You can also find the latest version of the terms of use on our website at www.flaminger.com. The latest version of the terms is the valid version.

2.6. Our company reserves the right to unilaterally update, change or modify the terms of use to a reasonable extent, in particular for the following reasons:

– amendments to legislation;

– technical changes in the provision of services or products or the addition or removal of new features;

– changes in the operational, organisational or business processes of the company or a third party on whose services the use of the application depends.

2.7. If there is a change in the terms of use which affects your rights and obligations or which interferes with the use of the application, we will inform you of this change in advance, always via e-mail, and, in some cases, also via a notification within the application. You may also express agreement with the updated version of the terms of use by continuing to use the application upon notification of such change. It is not possible to continue using the application without accepting and agreeing to the updated terms of use.

2.8. These business terms and conditions are binding between the contracting parties in accordance with Section 1751 of Act No 89/2012, the Civil Code, as amended (the “Civil Code”).

 

3. Opening an account

3.1. To open an account in the application and use the services provided within the application, each user must be over 18 years of age.

3.2. By opening an account, a contract for the provision of services is created between the company and the user. The rights and obligations of the parties are regulated in the terms of use.

3.3. By opening an account in the application, you confirm and declare that:

– you have full legal capacity and are fully competent, and there are no or no circumstances known to you that would prevent the conclusion of this contract;

– you are not a person who is prevented from using the application in any relevant jurisdiction. In particular, you declare that you are not excluded from using the application under the laws of the United States of America, and you declare that, in particular, but not exclusively, you are not on the list of specially designated nationals of the US Treasury Department and you are not subject to any other similar prohibition;

– you will abide by the terms of use and use the application and all services provided through it in accordance with all local, national and international laws, rules and regulations in force in the country in which you use the application and the country of the applicable law under these terms; and

– you have never committed or been convicted of, and are not currently on trial for, a criminal act or offence in the country where you use the application or in the country of the applicable law, and you declare that, in particular, but not exclusively, you have not committed or been convicted of, and are not currently on trial for, a sexual offence or any crime against the life and health of persons or against human dignity in relation to sex, and that you are not required to be and are not registered as a sex offender in any state, federal or local register of sex offenders;

– you are not a user who has already been denied access or whose account has been deleted for a breach of the obligations set out in these terms of use.

3.4. If any of the above facts occur, the user is obliged to email notification thereof to the company here without undue delay after learning of this fact, and is obliged to cancel his or her account in our application.

3.5. Only registered users may use the application. Some application services may be used only after the user’s identity has been verified in one of the ways listed below in these terms.

3.6. All persons are obliged to provide only truthful data when opening a user account and to use only their own identity. As an account is tied to a real person, it is not possible to use the application under a fictitious identity or the identity of someone else.

3.7. It is forbidden to provide your account password and account access codes to another person! The user is solely responsible for securing his or her access data. If you suspect that your account has been stolen, please notify us without undue delay here.

3.8. Our company is not responsible for the content and veracity of the data published on individual persons or users. In particular, our company is not responsible if a user communicates or provides his or her password or access data to a third party or otherwise allows a third party to use his or her account.

3.9. Users register by entering at least the following details: their first name and surname, email address, application password, date of birth, their location or the place where they want to search for friends, their gender and the preferred gender of the friends they want to search for. Data that is not required, but is optional, is designated as such.

3.10. Once registered, users have access to their user interface (“user account”). Only limited services may then be used in a user account without further authentication.

 

4. Cancellation of the service and termination of the contract

4.1. Users may close their account at any time. In this situation, please email our support, which will handle your request.

4.2. Our company reserves the right to close a user account with or without prior notice, especially if:

– a user does not actively use his or her user account for more than one year; or

– a user breaches certain obligations set out in the terms of use of the application, or there is a reasonable suspicion that a breach of these obligations has occurred; or

– a user provides false identifying information; or

– a user loses the right to use the application, or any of the situations envisaged in paragraph 3.3 of these terms of use occurs;

– our company decides to stop supporting the application, completely close down the application, withdraw it from the store, or restrict its use for a certain zone of the world.

4.3. Our company is not responsible for any unavailability of the user account or application in the event of technical problems. The user hereby acknowledges that the user account and application may not be available around the clock. These are exceptional cases where, especially on account of the necessary maintenance of our company’s hardware and software, or the necessary maintenance of third-party hardware and software, the account and application may not be available. In such cases, users are not entitled to any compensation for loss or damage caused by the unavailability of the application or account.

4.4. When a user account is deleted or the application is uninstalled, either by the user or by our company, the user is not entitled to a refund or to any other compensation for money already paid.

 

5. Licence and use of the application

5.1. Upon installation of the application and acceptance of the terms of use, our company grants the user a worldwide, free, personal, non-transferable, non-exclusive, and revocable licence to access and use the application. Deletion of an account by our company automatically revokes the licence to use the application. If payment of a fee is required when purchasing the application in a store, the user pays the fee as the purchase price for the application, i.e. for digital goods.

5.2. By installing the application and accepting these terms, you agree to use the licence granted above solely for the purpose for which the application has been created and in full compliance with these terms of use. In particular, you undertake that:

(i) you will use the application only for personal use. Any use for commercial purposes is strictly prohibited;

(ii) you will not copy, download, change, modify, create derivative works from, sell, sublicense, translate, reverse engineer, decrypt, provide or otherwise, in any manner whatsoever, misuse the application, images, trademark, source code or other content of the application protected by copyright or intellectual property rights;

(iii) by your conduct in the application, in particular in your use of the application, you will not infringe any third-party rights, and in particular you will not publish photographs, personal data or other information for which you do not hold the relevant rights or consent to publication;

(iv) you will not intimidate, stalk, attack, victimise, threaten, harass, slander or physically or mentally assault anyone inside or outside the application;

(v) you will behave decently and adhere to moral principles. Any content shared by a user must be such that it cannot be considered violent, offensive, indecent, intolerant, discriminatory, inappropriate, unpleasant, untrue, incomplete, pornographic, prohibited or directly violating the law, violating good morals or public order or the public interest, for a third-party commercial communication;

(vi) you will not use the application or services in the application to harm the interests of third parties or to commit crime or engage in illegal activities;

(vii) you will not use any automated or programmed software, enhancements, extensions or other applications (especially robots, crawlers, scrapers, etc.), or applications to evaluate, search or examine sites or applications, that are not approved by our company;

(viii) you will use the application only in the manner envisaged and approved by our company and presented in the terms of use;

(ix) you will not load in conversations, or try to harm other users with, any harmful material – viruses, Trojan horses, malware, etc.

(x) you will not develop or use applications that link to our application, our service, trademark, etc. without the prior consent of the company;

(xi) you will not collect or otherwise unlawfully process the personal data of other users or natural persons without their consent;

(xii) you will not share your account with another person, you will not own more than one account, and you will not manage more than one account;

(xiii) you will not otherwise act contrary to the law or these terms in a manner that could harm the application, the services provided within the scope of the application, individual users, or our company.

5.3. If violation of any of the above rules or other obligations of the user specified in the terms of use is suspected, the company is entitled to:

(i) delete, block, restrict or permanently delete any content that the user has uploaded to the application. For this purpose, we are entitled to monitor all content that is uploaded or provided within the application;

(ii) delete, block, restrict or permanently delete the user, his or her device or his or her profile;

(iii) take any legal action permitted by law to prevent further abuse of the application or company rights.

5.4. By creating an account, you grant our company a transferable, free, worldwide licence and the right to view, share, use, store, copy, reproduce and further modify, edit, publish and distribute the information to which you have given us permission, as well as all information that you have submitted, uploaded, displayed or otherwise made available (“provided”) in the service or that you deliver to other users (“content”). A granted licence is not exclusive, except for licence exclusivity in the taking of screenshots or other photographs of the service that include content, trademark, or other copyrighted material.

5.5. In order to prevent the misuse of content outside our service, by agreeing to the terms of use you authorise our company (confer it with power of attorney) to act on your behalf to prevent further distribution of content outside the application. This expressly includes the right, but not the obligation, to send a notice under 17 U.S.C. Section 512(c)(3) (i.e. DMCA notice) on your behalf if your content is misappropriated or used by third parties outside the application. Our licence is limited by your statutory rights (such as the protection of personal data) and is restricted in scope – it may only be used for operating, developing, providing and improving our services and the advertising and marketing of the application or services provided within the application, and the research and development of new features. You agree that any content you provide to us via the application may be displayed by other users or other persons who have access to the application.

5.6. The user acknowledges that, as part of the provision of services, we may send users messages referring to products related to the services already provided; in particular, we may offer and send commercial messages to customers. As we are providing you with a service, we are also entitled, with your consent, to send you the advertisements of our business partners. By creating an account, the user gives revocable consent to such sending by accepting the terms. The consent may be revoked at any time via any individual email or by emailing your wish to revoke consent to support. Within the application, third-party products may be advertised to our users.

5.7. If, within the application, a user responds to a questionnaire or market research, or otherwise provides feedback on the application or other products or services offered by the company or our business partners, we are entitled – and to this extent the user grants a licence – to provide such information to our business partners.

5.8. A user who, in the use of the application, encounters an account that violates the terms of use or the law must email our support.

 

6. User safety and authentication

6.1. To ensure the safety of our application, some services may be used only after successful authentication of the user’s identity.

6.2. As the safety of our users is our number-one priority, it is not possible to address or contact other users of the application or arrange to meet users until a newly opened account has been authenticated.

6.3. User authentication may be carried out in the following ways:

(i) by taking a photograph of an identification paper (ID card, passport, driving licence) that contains the photo, name and date of birth of the user listed in his or her profile directly in the application. To use this option, follow the steps under the Authentication box in the application. We recommend covering other data on your document, especially your personal identification number (or similar), signature, insurance number, place of residence, document number, etc., before taking the photo;

(ii) by inserting a photograph of the completed questionnaire available on our website at www.flaminger.com, officially verified by a body of state administration – if you do not want to share a photo of your document with us, it is possible to authenticate you by filling in a questionnaire containing basic information about you and by having it verified by a body of state administration, which will authenticate your signature on the document.

6.4. More information about the processing of your personal data as part of the authentication procedure can be found in the Privacy Policy.

6.5. All users are solely responsible for their own behaviour, the way they express themselves, and other communication with other users within the application. Please note that we do not actively investigate the history or criminal records of our users, although we do not allow them to use the application. Our company does not guarantee and is not held liable for the conduct of individual users of the application. Please read the Safety Guide before using the application.

6.6. In accordance with Section 1829 of Act No 89/2012, the Civil Code, as amended, consumers have the right to withdraw from the contract within 14 days. However, a consumer cannot withdraw from a contract on the provision of services if they have been provided with his or her prior express consent before the expiry of the time-limit for withdrawal from the contract, and the business, before entering into the contract, informed the consumer that in such a situation the consumer would have no right to withdraw from the contract. Likewise, a consumer is not entitled to withdraw from a contract on the supply of digital content if it is not supplied on a tangible medium and is delivered with the consumer’s prior express consent before the expiry of the time-limit for withdrawal from the contract, and the business, before entering into the contract, informed the consumer that in such a situation the consumer would have no right to withdraw from the contract. By purchasing the application in the digital store, you agree to its delivery before the expiration of the withdrawal period. In view of the above and in the light of the fact that the application comprises digital content, a user has no right to withdraw from the contract if he or she purchases the application or additional services.

 

7. Warranties and limitation of liability

7.1. OUR COMPANY PROVIDES THE APPLICATION “AS IS” AND “AS CURRENTLY AVAILABLE”, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND MAKES NO WARRANTY OF ANY KIND BEYOND STATUTORY WARRANTIES, EITHER EXPRESS, IMPLIED, ASSUMED BY LAW (GUARANTEE OF QUALITY), OR OTHER WARRANTIES IN RELATION TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN). OUR COMPANY DOES NOT WARRANT THAT:

(i) THE SERVICE WILL BE AVAILABLE AND UNINTERRUPTED FOR EVERY USER IN ANY PLACE AND AT ALL TIMES;

(ii) THE SERVICE WILL BE SAFE OR ERROR-FREE FOR EVERY USER;

(iii) ANY ERRORS OR BUGS IN THE APPLICATION WILL BE FIXED;

(iv) INFORMATION OBTAINED THROUGH THE APPLICATION WILL ALWAYS BE CORRECT, COMPLETE AND ERROR-FREE.

7.2. OUR COMPANY BEARS NO LIABILITY FOR CONTENT WHICH ANY PARTY – A USER OR THIRD PARTY – PUBLISHES, COMMUNICATES OR PROVIDES TO ANY OTHER PERSON WITHIN THE APPLICATION. ANY COMMUNICATION WITH OTHER USERS AND ANY SHARING OF DATA AND MATERIALS IS ALWAYS CARRIED OUT BY USERS AT THEIR OWN RISK.

7.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INCIDENTAL DAMAGE, INCLUDING LOSS OF EARNINGS, LOSS OF REPUTATION, ETC., CAUSED BY:

(i) IMPOSSIBILITY OF ACCESS TO OR USE OF THE APPLICATION;

(ii) USE OF THE APPLICATION OR SERVICES;

(iii) LOSS OF DATA STORED IN THE APPLICATION;

(iv) THE ACTIONS OF OTHER USERS OR THIRD PARTIES;

(v) UNAUTHORISED USE OF YOUR ACCOUNT OR THE APPLICATION BY A THIRD PARTY;

(vi) MISUSE OF DATA OR ACCESS TO YOUR DATA;

EVEN IF THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE.

7.4. IN ANY EVENT, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE EXCEEDING THE AMOUNT PAID FOR THE PURCHASE OF THE APPLICATION OR FOR THE USE OF THE SPECIAL FUNCTIONS OF THE APPLICATION.

 

8. Governing law and jurisdiction

8.1. This contract and all terms of use of the application in matters not regulated in this contract are governed by the substantive law of the Czech Republic.

8.2. All disputes arising from this contract and any disputes arising from non-contractual obligations will be heard by the courts of the Czech Republic in accordance with the procedural law of the Czech Republic. The court with jurisdiction to hear disputes is Pardubice District Court.

8.3. If a user is also a consumer and a consumer dispute arises, the company will make every effort to reach an out-of-court settlement for the entire dispute. If this is not possible, the user in the position of a consumer may submit a proposal for the out-of-court settlement of a consumer dispute to the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, email: adr@coi.cz, website: adr.coi.cz). In these cases, a user who is a consumer may also use the online consumer dispute resolution platform set up by the European Commission, which is available at: http://ec.europa.eu/consumers/odr/.

 

9. Final provisions

9.1. These terms enter into force and take effect on publication.

9.2. These terms include all documents and forms referred to herein, including, without limitation, the Privacy Policy, which is regulated in a separate document.