General Terms and Conditions of Service

for the use of the EQUIRADAR portal

(hereinafter referred to as "Terms")

1. Introductory provisions

1.1. These Terms and Conditions have been issued by EquiRadar s.r.o., ID No.: 08671516, with its registered office at Ronkova 1832/8, Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 322957 (hereinafter referred to as the "Provider"), and regulate the rights and obligations in connection with the use of the EQUIRADAR Internet portal as defined below (hereinafter referred to as the "Portal").

1.2. The EQUIRADAR website is a multi-purpose platform connecting professionals and enthusiasts in the equestrian and horse breeding industry, which combines elements of a social network and a professional provider of information, advertising, marketing and other services (hereinafter referred to as "Services").

1.3. The purpose of these Terms is to regulate the basic rights and obligations of all Users in connection with the use of the Portal. The provision of the Services is further regulated by the Provider's Business Terms. In case of any contradictions between the Business Terms and these General Terms and Conditions, the Business Terms shall apply to the legal relations whose subject matter is the provision of the Services.

2. Definition

2.1. As used in these Terms, the following terms shall have the following meanings:

3. use and operation of the Portal

3.1. The User is entitled to use the Portal in any way only if he/she has agreed to these Terms and has undertaken to comply with them. The User agrees to these Terms and Conditions in particular (i) by actually using the Portal, (ii) by clicking on and/or otherwise agreeing to these Terms and Conditions in the web interface of the Portal, (iii) by registering in accordance with Art. 4 below, (iv) ordering the Services and/or entering into a contract for the provision of the Services.

3.2. User agrees and acknowledges that:

(a) The Provider has no obligation towards the User to operate the Portal, and the User therefore has no legal right towards the Provider to use it. The Provider is entitled to suspend or terminate the operation of the Portal at its discretion.

(b) The Provider is not obliged to provide the User with any access to the Portal or any content stored on it. The Provider is entitled to make the Portal and/or its content inaccessible or remove it at its discretion.

3.3. By accepting these Terms and Conditions or Registration, the Provider does not incur any of the obligations and the User does not incur any of the rights under the previous paragraph. The establishment of such rights and obligations may only be established by express agreement between the Provider and the User.

3.4. By the arrangement under paragraphs 3.2 a 3.3 above are without prejudice to the User's rights under mandatory provisions of generally binding legal regulations (e.g. data subject rights under GDPR) and any obligations of the Provider under contracts for the provision of Services.

3.5. Unless otherwise agreed or specified by the Provider in accordance with these Terms, the use of the Portal is free of charge. The User bears its own costs associated with the use of the Portal.

3.6. Use of the Portal or its parts and functions may be subject to conditions and other contractual obligations at the Provider's discretion, in particular Registration, consent to the processing of personal data, conclusion of a contract and/or payment of fees or charges. The decision on terms and fees and the modification of such decision is entirely at the Provider's discretion. As a rule, the Provider implements its decision by actually making the affected part of the Portal accessible or inaccessible, depending on the fulfilment of the chosen conditions. The rights and obligations from the already concluded contracts for the provision of Services are not affected by the Provider's decision under this paragraph.

4. Registration, User Account and Site

4.1. Registration on the Portal consists of creating a User Account and providing and verifying the required User data through the Portal's web interface.

4.2. When Registering, the User is obliged to truthfully provide at least the following Registration Data:

(a) name and surname;

(b) contact email address;

(c) any other data, if required by the web interface of the Portal as mandatory.

4.3. A User who is an Entrepreneur is required to truthfully provide the following additional Registration Information:

(a) identification number (ID number) or other similar number;

(b) tax identification number (TIN) or other similar number;

(c) the address of the registered office;

(d) any other data, if required by the web interface of the Portal as mandatory.

4.4. Registration and creation of a User Account are completed by filling in the Registration Data and confirming it in the web interface of the Portal.

4.5. In the case of ordering Services, the User is obliged to add to his User Account other mandatory data specified in the Business Terms.

4.6. The registered User is entitled to set up a sub-account - the so-called "page" for the purpose of his/her own presentation or the presentation of a third party who has consented to such presentation, to the extent permitted by the web interface of the Portal (hereinafter referred to as the "Page"). When setting up the Page, the User is obliged to truthfully provide in particular the following mandatory data:

(a) the name of the person for whom the Site is established;

(b) the legal relationship between the User and the person for whom the Website is established;

(c) any other data, if required by the web interface of the Portal as mandatory.

4.7. In the event that the User establishes any Page for the purpose of presenting himself or a third party on the Portal, the User shall be deemed to be using the Portal in connection with his business, professional and/or other similar activities for the duration of the existence of the Page.

4.8. The User is entitled to modify and manage the User Account and the Pages and the data contained therein and to supplement them with additional content to the extent permitted by the web interface of the Portal. The User is obliged to ensure that all data contained in his User Account, in particular the Registration Data, are true and up-to-date and not misleading throughout its duration.

4.9. By completing the data, the User grants the Provider consent to the processing of the data for the purpose of:

(a) ensuring the operation of the Portal;

(b) direct and indirect marketing.

4.10. The Provider shall be entitled to require the User to prove the identity and authority to act for the person for whom he/she has set up the Page, or to obtain the consent of such person to the setting up of the Page.

4.11. The User is entitled to cancel his/her User Account and/or the Site at any time through the relevant settings in the web interface of the Portal. In the event that the User cancels his/her User Account, all contracts for the provision of the Services shall be cancelled with future effect, provided that the User waives the right to further performance of such contracts by the Provider and the Provider shall be entitled to the full remuneration under the respective contracts.

4.12. The Provider is entitled to make the User Account and/or the User's Page inaccessible and/or terminate it at any time at its sole discretion and without prior notice. The Provider is entitled to make the User Account and/or the Page inaccessible or terminate it in particular, but not exclusively, if it becomes aware that the User is in breach of these Terms. The Provider shall inform the User of the cancellation of the User Account and/or the Page by means of a Notice pursuant to Art. 8 below.

5. User Rights and Obligations

5.1. The User is obliged to fill in all data in the User Account interface, as well as the data in the correct, truthful and not misleading and to update the data whenever it changes.

5.2. When using the Portal, the User is obliged to refrain from any unlawful act, in particular any act that could be qualified as a crime, misdemeanour and/or other offence.

5.3. The User is obliged to ensure that all data, information, media and any other content of any type that he/she places on the Portal and/or that is placed on the Portal through his/her User Account or the Site (hereinafter referred to as "Content"), as well as the sharing of such Content, complies with the applicable legal regulations. In particular, the User shall ensure that:

(a) the placement of Content on the Portal complies with the GDPR and other applicable data protection regulations, in particular that the User has the legal title to process the personal data of third parties and their placement on the Portal;

(b) the placement of the Content on the Portal does not infringe the copyright or other intellectual property rights of any person, in particular that the User himself has any intellectual property rights to the Content or consents or licenses from persons holding such rights to the extent necessary;

(c) User Content does not in any way, directly or indirectly, support illegal activity and/or an illegal person, in particular a person engaged in illegal business or other criminal activity, and that neither User Content nor its placement on the Portal is otherwise illegal.

5.4. In the event that the User Content does not meet the conditions set out in par. 5.3 or in the Provider's discretion there is a reasonable suspicion that it does not meet these conditions, such Content will be deemed illegal (hereinafter referred to as "Illegal Content"). The Provider shall be entitled to remove any Illegal Content from the Portal without prior notice.

5.5. Unless otherwise agreed or unless any of the following actions are expressly subject to the Provider's Service, the User shall:

(a) refrain from using programs and/or mechanisms that have or may have an impact on the operation and functioning of the Portal and the Software;

(b) refrain from using the Portal and Software in the development of other software;

(c) refrain from misusing your User Account, the Portal and the Software to (i) make the Portal available as a service to third parties (software-as-a-service); (ii) provide output from the Portal as a service to third parties (service bureau); and/or otherwise misuse the Portal and/or the Software to provide services to third parties;

(d) not to remove intellectual property markings from the Portal's outputs and to refrain from any circumvention of the Provider's intellectual property protection measures;

(e) refrain from any modification, recompilation, reverse engineering, decompilation, disassembly of the Software and any part thereof, and refrain from any other access to the source code of the Software.

5.6. The User must ensure that the obligations set out in this Article are also unconditionally complied with by any person who gains access to his User Account and/or to the administration of his Page, regardless of how such access was obtained and whether it was with or without the User's consent. The User shall ensure that no person has access to the User Account or to the administration of his/her Pages to whom he/she is unable to ensure compliance with this obligation. In the event of a breach of the obligations under this Article by such persons, the User shall be liable for the consequences of such breach, in particular for the damage caused, as if the User had committed the breach himself.

5.7. The User is entitled to notify the Provider if he/she believes that Illegal Content is shared on the Portal, via the e-mail address: info@equiradar.com, or via the functions that the Provider, at its discretion, places in the web interface of the Portal.

6. Rights and Obligations of the Provider

6.1. The Provider is entitled to change, remove or make unavailable any part of the Portal and/or make its use subject to conditions and fees at any time without prior notice.

6.2. The Provider is entitled to remove any Content from the Portal at any time without prior notice. The Provider shall do so in particular in the case of Illegal Content.

6.3. The Provider is entitled to suspend, block or cancel the User Account and/or the User's Website at any time without prior notice. The Provider shall do so in particular if the User places Illegal Content on the Portal or violates other obligations under Art. 5 of these Terms and Conditions. Unless there is a risk of default, the Provider shall generally inform the User in advance of the suspension, blocking or cancellation of the User Account or the User's Website.

6.4. The User acknowledges that the Provider is not obliged to carry out a preliminary check of the Content placed on the Portal by other Users, in particular it does not check in advance whether such Content is legal, true, correct, up-to-date, accurate, complete and not misleading. The User acknowledges that the Provider also places on the Portal links to external sites operated by third parties. The Provider, despite all efforts, does not guarantee that the Content placed on these external sites is legal, true, correct, up-to-date, accurate, complete and not misleading. The User agrees that it is entirely at the User's disposal to check the Content placed on the Portal or the Content of the External Sites for the aforementioned aspects. The Provider shall not be liable to the User for any damage suffered by the User as a result of such Content. The User waives any claims that may arise in this connection by accepting these Terms and Conditions.

6.5. The User acknowledges that the Provider does not provide storage or security services for data or other Content and agrees that it is entirely at the User's discretion to arrange for the storage and security of the Content through a third party. Provider shall not be liable for any damage, loss or any consequences of removal of Content stored on the Portal. The Provider shall also not be liable for the leakage of the Content to the public or for its disclosure to any third party.

7. Liability for damages

7.1. The Provider's liability for the functioning of the Portal, its Content and outputs, in particular liability for any damage and/or any defects in performance, is completely excluded in connection with the free use of the Portal. In connection with the free use of the Portal, the Provider does not warrant or guarantee in any way that the Portal will be suitable for any use, that it will operate uninterrupted and error-free, or that any errors will be corrected or any support requests will be resolved, or that the Portal will provide factually or otherwise correct outputs.

7.2. Furthermore, the provider shall in no event be liable in particular for loss of income, loss of profit, loss of production, business interruption, costs caused by delay, loss of use, or other indirect, special, incidental, contingent or consequential damages of any kind.

7.3. In the event that the Provider should incur liability for any harm or damage, the User agrees that the total amount of all of its claims for liability for damage and harm is limited and shall not exceed CZK 1,000 in the aggregate.

7.4. If the limitation or exclusion of liability for damages would not be permitted by mandatory provisions of applicable law applicable to the relationship between the Provider and the User, the Provider's liability is limited to the maximum extent permissible.

8. Notices and Contact Details

8.1. Unless expressly provided otherwise, the Provider is entitled to deliver all legal actions, communications, information and other notices (hereinafter referred to as "Notices") to the User via the contact e-mail address, in electronic form without the need to attach an electronic signature. All Notices so sent shall be deemed to be in writing. The Provider is also entitled to deliver Notices to the User via the web interface of the Portal.

8.2. The User undertakes to send Notifications to the Provider via the contacts listed below. Notifications aimed at the creation, modification or termination of rights and/or obligations must be made in writing. For these purposes, an e-mail message will not be considered to be in writing unless it bears a recognised electronic signature. The contact details of the Provider as at the date of acceptance of these Terms and Conditions are as follows:

E-mail: info@equiradar.com

Mailing address: EquiRadar s.r.o., Ronkova 1832/8, 180 00 Praha 8

8.3. Notifications made in accordance with this Article shall be deemed to have been received:

(a) in the case of delivery by registered mail, on the day of receipt of the parcel, or on the tenth (10th) day after the parcel is deposited at the post office after the first unsuccessful attempt to deliver it;

(b) in the case of delivery via a data box, at the moment of the first login of the addressee to the data box after delivery of the relevant data message, but no later than on the tenth (10th) day after delivery of the message to his/her data box;

(c) in the case of delivery by courier, the date of receipt of the parcel by the addressee, or the moment when the addressee refuses to accept the parcel;

(d) in the case of delivery by e-mail, the moment of receipt of the confirmation of receipt of the e-mail message, but no later than the third (3rd) working day after sending.

8.4. The Provider is entitled to change the contact details by amending these Terms and Conditions or a Notice given in accordance with this clause. The User is entitled to make a change to their contact details through the settings in their User Account.

9. Changes to terms and conditions

9.1. The Provider is entitled to change these Terms and Conditions by unilateral decision under the conditions set out in Section 1752 of the Civil Code.

9.2. The Provider is obliged to inform the User about changes to the Terms and Conditions by means of a Notification made in accordance with Art. 8 above. The User is entitled to refuse to change these Conditions within one (1) month from the receipt of such Notice, as follows:

(a) A User who is not a Client of the Provider as of the date of delivery of the Notice of Change of these Terms is entitled to refuse to change these Terms exclusively by cancelling his User Account through the web interface of the Portal.

(b) A User who is a Client of the Provider as of the date of delivery of the Notice of change of these Terms and Conditions is entitled to refuse to change the Terms and Conditions by means of a written Notice pursuant to Art. 8 above or by cancelling their User Account through the web interface of the Portal.

9.3. In the event that the User refuses to change these Terms by cancelling his User Account, all his claims under any contracts for the provision of Services shall be terminated without further delay. In such case, the Provider shall not be obliged to refund any benefits already provided.

9.4. In the event that the User, who is a Client, refuses to change these Terms and Conditions by written notice, the Provider shall be entitled to limit the User's access to the Portal only to the extent necessary for the provision of the already agreed Services. These Services will be provided in accordance with the existing wording of the Terms. However, the Provider shall be entitled to refuse to provide the Services under these Conditions and to withdraw from the relevant Service Contracts with future effect by written Notice. In such case, the Provider shall refund to the User a proportionate part of the fee already paid for the Services. After the provision of all agreed Services or other termination of all contractual relations, the Provider shall be entitled to cancel the User's User Account without further notice.

10. Applicable law and jurisdiction clause

10.1. Legal relations established by acceptance of these Terms and/or otherwise subject to these Terms and all other legal relations between the Provider and the User in connection with the Portal and its use shall be governed by the law of the Czech Republic.

10.2. By accepting these Terms and Conditions, the User also agrees that any disputes between the User and the Provider arising from the legal relations described in the preceding paragraph shall be finally settled by the competent courts of the Czech Republic with jurisdiction in the place where the Provider's registered office is located on the date of acceptance of these Terms and Conditions.

11. Separability

11.1. If any provision of these Terms and Conditions is or becomes invalid, ineffective, void, or voidable in whole or in part, or if any provision of these Terms and Conditions is completely missing, the validity and effectiveness of the remaining provisions shall not be affected.

12. Validity and Effectiveness, Applicable Law

12.1. These Terms and Conditions shall come into force and effect on 1.10.2021.

12.2. Legal relations under the Agreement are governed by Czech law. However, as a result of this choice, the Consumer is not deprived of the protection afforded by the provisions of the law which cannot be derogated from contractually and which would apply in the absence of a choice of law.

12.3. English translation of the terms is provided for your convenience. In case of conflicts of interpretation the Czech version prevails.