Article 1 – Provider, Recitals
1.1 These licence and business terms and conditions (hereinafter the “Terms and Conditions” of the Center for the Study of Political Islam, z.s. (hereinafter the “Provider”) with its registered office at Lidická 700/19, 60200 Brno, Id. No.: 03570894, registered with the Regional Court in Brno under file No. 20110, e-mail address: [email protected], regulate the mutual rights and obligations between the Provider and the other party to the contractual relationship (hereinafter the “User”). These rights and obligations arise in connection with the services provided by the Provider through the web portal at www.cspii.org (hereinafter the “Portal”).
1.2 The User may be either a natural person or a legal entity. Minors may use the portal with the consent and under supervision of their legal representative.
1.3 Legal relationships between the Provider and the User not specifically provided for in these Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on consumer protection, and Act No. 101/2000 Coll., on personal data protection and on changes to certain laws, as amended, and the related laws and regulations. Simultaneously, this legal relationship is subject to all EU laws and regulations.
1.4 The Provider reserves the right to modify or amend these Terms and Conditions at any time.
Article 2 – Definitions
2.1 For the purposes of these Terms and Conditions, the service means making the e-book (see Article 2, paragraph 2.2) accessible to the User by the Provider for a fee, for the purposes of the User’s personal use, and provision of a license to use the e-book in the manner and scope specified by these Terms and Conditions.
2.2 For the purposes of these Terms and Conditions, the e-book means any work made accessible and converted to an electronic data file in the following formats: Mobi(Kindle), Adobe PDF, ePUB. The Provider does not guarantee that all e-books will be made accessible in all the above-specified formats. Unless expressly specified otherwise, such a work may include other files – photographs, graphics, audio-visual recordings, etc.
2.3 For the purposes of these Terms and Conditions, downloading means making a permanent or temporary electronic copy of the data file containing the work (e-book) by the User on his or her request. Downloading is enabled by the Provider through the Portal. For each individual download, the User is obliged to pay the agreed amount to the Provider’s bank account.
Article 3 – Purchase of e-Books and Rights Arising from Defective Performance
3.1 The User must enter his or her valid e-mail address to order the service. The Provider reserves the right to process the data entered in the order for the service. The Provider may include such data in the relevant e-book.
3.2 The manner and procedure of ordering the service is set by the Provider. The User is free to select a service offered by the Provider, specifically from the selection of e-books, according to the User’s preferences. The selected e-book is then put in the “virtual shopping cart”; if the User wishes to complete the order and pay, he or she will proceed to the “check out”. After a proper payment, the e-book, potentially including the User’s identification data (see Article 3, paragraph 3.1), is generated for the User within several seconds and made available for download. Simultaneously, the same ordered e-book is sent to the User’s e-mail address in the form of a download link.
3.3 Pursuant to Section 1837 (l) of Act No. 89/2012 Coll., the User is not entitled to withdraw from an already paid purchase order as the order constitutes delivery of digital content not provided on a physical data carrier and not subject to the provisions of the Civil Code concerning 14-day period for withdrawal from the order for any reasons and with no justification. The User may not withdraw from an already paid purchase order on the basis of a claim that the User did not know that the order concerned an e-book instead of an actual physical book.
3.4 The Provider guarantees that the goods will have the required properties upon delivery, be free of defects and comply with laws and regulations. If the goods do not meet the aforementioned conditions, especially if the data file contains an e-book different from the one purchased by the User, or if the e-book data file is incomplete, damaged or unreadable by compatible devices, the User may exercise his or her rights based on defective performance (file a complaint). The User is entitled to exercise his or her rights arising from a defect in the delivered goods within 24 months of the delivery of the goods. The User shall exercise his or her rights based on defective performance at the Provider’s address or via e-mail at [email protected]. The complaint must include at least the number of the purchase order, the name of the purchased goods and a description of the defects found.
3.5 The Provider shall resolve the complaint within 30 days of its receipt. If the complaint is justified, the Provider is obliged to repair the defective file or refund the purchase price to the User within the aforementioned deadline.
3.6 The user may exercise his or her rights based on defective performance or rights associated with withdrawal from the purchase contract through Online Dispute Resolution at the Czech Trade Inspection Authority (Česká obchodní inspekce; internet address: www.coi.cz).
Article 4 – Provision of Services and the Price
4.1 The indicated prices of all electronic works offered by the Provider are inclusive of value added tax (hereinafter the “VAT”).
4.2 The service is provided upon the execution of the purchase order. Execution of the purchase order means the payment of the respective price (i.e. crediting the requested amount to the Provider’s account).
4.3 The User is obliged to check his or her purchase order and all details indicated therein. The Provider shall not be liable for any damage caused by errors or by indicating incorrect details.
Article 5 – Contractual Relationships
5.1 Aside from downloading the work, the User is entitled to make another copy of the work for his or her personal use. The User acknowledges that the legal terms and conditions of the service concerning a specific work and the scope of the use of the work may be technically limited by means of DRM (Digital Rights Management, as technical means of checking or limiting the use of digital content with the purpose of ensuring that the content is used in compliance with the copyright and licence terms associated with the content). The legal terms and conditions of the service with respect to a specific work and the scope of use of the individual works may differ according to the scope of the licences granted to the Provider by the copyright holders.
5.2 The User may not alter the work or otherwise interfere with it or join it with another work. The User may not translate the work or convert it to another form, e.g. a book form. The User may not use the work for commercial purposes.
5.4 The User is not entitled to circumvent the technical means of copyright protection, which is considered a violation of copyright pursuant to Section 43 (1) of Act No. 121/2000 Coll., on copyright (hereinafter the “Copyright Act”), as amended.
5.5 The purchase does not confer on the User any rights to use registered brands, book titles, company logos or patents, unless stipulated otherwise.
Article 6 – Payment Terms
6.1 The payment may be carried out via the PayPal payment gateway.
6.2 In case an incorrect purchase price is charged by the Provider, the User may file a complaint against the transaction. The User must notify the Provider of this complaint in writing within 30 days of the incorrectly charged payment.
Article 7 – Liability
7.1 The Provider shall not be held liable for defects of the service caused by third party interference with the functionality of the Portal or the user account, or defects resulting from the use of the Portal or the user account at variance with their purpose.
7.2 The Provider shall not be held responsible for the functionality of the User’s data network, the functionality of the public data network, the functionality of the User’s hardware and software, nor for any potential third party interference with the User’s software.
7.3 The Provider shall not be held liable for the User’s inability to download or read the work if the User does not own the software or hardware necessary to download and read e-books in the above-specified formats.
7.4 The User shall be held liable for any breach of these Terms and Conditions.
7.5 The User shall be held liable for any activities considered to be in violation of copyright under Act No. 121/2000 Coll., the Copyright Act, as amended.
Article 8 – Personal Data Protection and Commercial Communication
8.1 By ordering the service, the User agrees with providing his or her personal data consisting of the e-mail address and the PayPal account number (hereinafter jointly as “Personal Data”).
8.2 The User agrees with processing of Personal Data by the Provider for the purposes of records keeping and identification of the User.
8.3 Personal Data shall be processed only for a necessary period of time.
8.4 The Provider agrees to take such steps as to ensure the User’s rights are not infringed, especially in view of protection of his or her human dignity. All Personal Data shall be processed pursuant to the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on personal data protection, and Act No. 89/2012 Coll., the Civil Code, as amended.
8.5 In case the security of Personal Data is compromised, the Provider is obliged to inform all Users of this fact. If the User suffers damage resulting from insufficient security of Personal Data, the Provider shall compensate the User for the damage in the full amount.
8.6 The Provider is responsible for processing the User’s Personal Data. The Provider shall maintain confidentiality in the sense of Section 15 of Act No. 101/2000 Coll.
8.7 The User has a right to deny consent with the processing of his or her Personal Data by means of a written notification sent to the address of the Provider. An electronic message is considered a written notification.
8.8 If the User gives consent to receive further information from the Provider, he or she thereby gives a revocable consent to the Provider to send commercial information and information associated with the goods, services or other activities of the Provider to the User’s indicated e-mail address.
Article 9 – Final Provisions
9.1 Legal relationships between the Provider and the Users are governed by the applicable laws and regulations of the Czech Republic, with exclusion of any conflict-of-law rules.
9.2 If any one of these Terms and Conditions is or becomes invalid or ineffective, a new provision that is as close as possible in its meaning to the invalid or ineffective provision shall replace the invalid or ineffective provision. Invalidity or ineffectiveness of one provision shall not prejudice the validity and effectiveness of the other provisions.
9.3 These Terms and Conditions are valid from 4 May 2016.