Terms of service

TERMS OF THE SERVICE “LIME TALK”

1. INTRODUCTORY PROVISIONS

1.1. These terms of business ( ‘Terms of Business’) regulate the mutual rights and obligations between the company Lime Inspirations, s.r.o., with registered office at Praha 1 - Nové Město, U Půjčovny 952/2, company registration number 242 96 406, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry no. 194010 ( ‘Provider’) and natural persons and legal persons as users of the Provider’s service called “Lime Talk“ ( ‘User’), arising from Contracts for the Provision of Services (‘Contract for the Provision of Services’) concluded via the Provider’s website located at the internet address http://www.limetalk.com ( ‘Website’).

1.2. The Terms of Business form an inseparable part of a Contract for the Provision of Services. A Contract for the Provision of Services and the Terms of Business are executed in English language. A Contract for the Provision of Services can be concluded in English language.

1.3. The Provider may amend the Terms of Business. These amendments shall not affect rights and obligations arising from the previously effective version of the Terms of Business. Once the User has agreed to the new version of the Terms of Business, the previous Terms of Business cease to be effective and the new version of the Terms of Business becomes an inseparable part of a Contract for the Provision of Services.

2. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES

2.1. For the purposes of the Terms of Business, the service refers to the service “Lime Talk”, the concept of which is that the Provider shall provide to the User an html code for the purpose of placing this code on the User’s Website, which shall, through the Provider’s server, allow the User to communicate in real time with visitors to the User’s Website ( ‘Html Code’) to an extent determined by the selected variant of the service ( ‘Service’). Persons managing communication with visitors to the Website on the part of the User are hereinafter referred to as ‘Operators’.

2.2. The individual variants of the Service offered by the Provider are specified on the Website, including the duration of the Service and the amount of remuneration payable to the Provider for the provision of the individual variants of the Services in cases where the respective variant of the Service is subject to a charge.

2.3. The User makes an offer to conclude a Contract for the Provision of Services by filling in details in the registration form on the Website and sending these details to the Provider by clicking the “SIGN UP” button ( ‘Registration Request’). For the purposes of the Terms of Business, the details provided by the User in their Registration Request are deemed to be correct.

2.4. Upon receipt of a Registration Request by the Provider, the Provider shall send, to the e-mail address provided by the User in their Registration Request ( ‘User’s Address’), information necessary for the activation of a user account, which constitutes an offer to conclude a Contract for the Provision of Services from the part of the Provider ( ‘Offer’); the Provider shall also make the Hmtl Code accessible to the User. A Contract for the Provision of Services is concluded upon the User accepting the Offer by logging in for the first time into the user account.

2.5. The User agrees that the Provider may start providing the Service according to a Contract for the Provision of Services immediately after its conclusion.

2.6. The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (refuse to register a User), in particular with persons who have previously substantially breached their contractual or other obligations owed to the Provider.

2.7. The User consents to the use of means of distant communication for the purposes of a conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purpose of a conclusion of a Contract for the Provision of Services (e.g. costs of internet connection) shall be borne by the User.

3. USER ACCOUNT

3.1. Once registered on the Website, the User may access their user interface. The User may use their user interface to order individual variants of the Service and to manage their details ( ‘User Account’).

3.2. The User’s User Account shall be activated once the User has registered on the Website (the User has entered the required details). In order for a User Account to be activated, the Provider may require the User to enter information sent to the User by e-mail.

3.3. The User shall update the details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the User in the User Account to be correct.

3.4. Access to a User Account is secured with a username (e-mail address) and a password. The User shall treat as confidential information required in order to access their User Account; the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User. The User acknowledges that the Provider shall bear no responsibility for situations when the User has neglected principles of safety in relation to details required in order to access the User Account.

3.5. The Provider may stop the User from using the User Account (and the Service), in particular in circumstances when the User has breached their obligations arising from a Contract for the Provision of Services (including the Terms of Business).

3.6. The Provider may withdraw from a Contract for the Provision of Services and cancel a User Account if the User does not use their User Account for longer than six (6) months.

4. CONTENT OF A CONTRACT FOR THE PROVISION OF SERVICES

4.1. In a Contract for the Provision of Services, the Provider undertakes to allow the User to use the Service. When the variant of the Service used is provided subject to a charge, the User hereby undertakes to pay remuneration to the Provider in return for the use of the Service.

4.2. The sole purpose of the Service is to facilitate communication between a visitor to the User’s Website and the User. The User is thus not entitled to use the Service for other purposes, in particular for charged or free provision of all or some of the functionalities of the Service to third parties.

4.3. The Provider does not influence the content of communication between a visitor to the User’s Website and the User. The Provider shall make their best effort to keep the content of communication between a visitor to the User’s Website and the User confidential, but the Provider does not undertake in a Contract for the Provision of Services that the content of this communication shall definitely remain confidential.

4.4. When using the Service, the User’s communication may not disproportionately inconvenience visitors to the Website.

4.5. In circumstances when the User allows other persons (Operators, administrators) access to the Service, the User shall ensure that these other persons will comply with all of the User’s obligations when using the Service. In the event that these other persons breach the Contract for the Provision of Services, the User shall be liable for this breach to the same extent as if the User committed the breach her/himself.

5. PROVISION OF THE SERVICE

5.1. The Provider does not have to provide the Service in the event that its provision is prevented by issues on the part of the User or third parties. In particular, the Provider does not have to provide the Service if there is an electricity supply outage, data network outage, other faults caused by third parties or vis major.

5.2. The provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service. Some characteristics of the Service may change whilst a Contract for the Provision of Services is in force.

5.3. The Provider may implement measures for the purpose of prevention of outages, limitations, interruptions or decreases in the quality of the Service. In connection with this right, the Provider may carry out planned or unplanned shutdowns of the provision of the Service for the purpose of checking, maintaining or changing of hardware or setting or changing of computer programs.

6. USE OF THE SERVICE

6.1. The User acknowledges that the Provider shall not be responsible for settings selected by the User in their User Account.

6.2. When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or devices belonging to third parties.

6.3. The User may not engage in activities aimed at preventing or limiting the operation of the Provider’s server from which the Service is run, or to carry out other attacks on this server; the User may not assist a third party in engaging in these activities. The User may not use the User Account or the Service in a manner which would disproportionately restrict the use of the Service by other customers of the Provider or otherwise disproportionately hinder the Provider. In particular, the User may not burden the Provider’s server, from which the Service is run, by automatic requests.

6.4. The User may not connect the Service or the Software used by the Provider for the provision of the Service with their own services, save for the sole purpose of facilitating communication between a visitor to the User’s Website and the User.

6.5. Unless specified otherwise by generally binding legislation, the User may not alter and/or decompile software used by the Provider for the provision of the Service. The User may not make copies of the software used by the Provider for the provision of the Service.

6.6. The User may not use the Service on websites which have more than 1.000.000 pageviews per month per one (1) Operator employed of the User. The User may further not use the Service if at any time one (1) Operator employed by the User would be responsible for more than fifty (50) visitors to the User’s Website with the ability to initiate communication with this Operator.

6.7. The User may not pretend to be an operator of the Service.

7. CHARGED VARIANT OF THE SERVICE – PROVIDER’S REMUNERATION

7.1. Where a charged variant of the Service is used, the Provider shall be entitled to remuneration for the provision of the Service; the amount of this remuneration is dependent on the variant of the Service being used and the agreed period of use of this charged variant of the Service by the User. The Provider’s remuneration shall be paid for each calendar day at an agreed daily amount. The Provider becomes entitled to remuneration for a calendar day always at 23:59 of the calendar day for which the remuneration is being paid. In the event that the use of the Service commences part-way through a day, the Provider shall be entitled to the whole daily remuneration for this calendar day. In the event that the use of the Service ends or the extent of the use of the Service changes part-way through a day, the Provider shall not be entitled to any remuneration for this calendar day, or the Provider shall be entitled to a different amount of remuneration for this calendar day. The time zone selected by the User in their User Account shall be conclusive for the purposes of this clause.

7.2. The User shall pay the Provider’s remuneration according to a Contract for the Provision of Services in the form of credit ( ‘Credit’). The Provider’s remuneration shall be gradually deducted from the User’s Credit.

7.3. The User may pay their Credit via the payment system “Skrill” operated by the company Skrill Ltd., with registered office at Floor 27, 25 Canada Square, London, E14 5LQ, United Kingdom, company number 4260907.

7.4. The Provider is a Value Added Tax taxpayer. If generally binding legislation provides so, Value Added Tax or another similar tax ( ‘VAT’) shall be added to the Provider’s remuneration for the provision of the Service.

7.5. The User may use the Service only once Credit has been purchased. The Provider may postpone the use of the Service until the relevant Credit amount has in reality been credited to the Provider’s account.

7.6. If it is customary in business relations, the Provider shall issue to the User a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of a Contract for the Provision of Services. The Provider shall issue a receipt of tax-deductible expenditure – an invoice once the Provider’s remuneration has been paid; the Provider shall issue this invoice in electronic form in the User Account.

7.7. Unless expressly stated otherwise, any discounts from remuneration for services provided by the Provider are of a onetime nature and cannot be carried forward to future periods or mutually combined.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. In their relation to the User, the Provider is not bound by any codes of conduct.

9. THE PROVIDER’S LIABILITY FOR DEFECTS OF SERVICES, MAKING A WARRANTY CLAIM

9.1. The User acknowledges that the Service should not be used in operations where significant or serious damage may occur and that the Provider shall not be liable for the results of activities that the Service is used for. The use of the Service may be subject to errors, interruptions or loss of data.

9.2. The rights and obligations of the contractual parties relating to the Provider’s liability for defects of services are governed by generally binding legislation. The User asserts their rights arising from the Provider’s liability for defects of the Service against the Provider preferably by writing an e-mail to the contact address (Clause 14.6).

9.3. The User acknowledges that the Provider shall not be responsible for the functionality of the User’s data network, functionality of a public data network, functionality of the User’s hardware equipment, for the state of the User’s software, for the backing up of data by the User, or for any potential interference by third parties with the User’s software.

9.4. The User acknowledges that the Provider shall not be liable for defects of the Service resulting from interference by third parties with the User Account or resulting from the use of the User Account or the Service contrary to their purpose.

9.5. In the event that the User suffers loss in connection with the Provider’s liability for defects of the Service, the contractual parties have agreed, taking account of the terms of the provision of the Service, to limit compensation for this potential loss suffered by the User so that the total compensation for loss shall not exceed the amount of the Provider’s remuneration in reality paid by the User on the basis of a Contract for the Provision of Services during a period of six months preceding the day when the loss was incurred. The contractual parties state, taking account of all circumstances of the conclusion of a Contract for the Provision of Services, that the total foreseeable loss which may be incurred by the User due to defects of services shall not exceed the amount of the Provider’s remuneration in reality paid by the User on the basis of a Contract for the Provision of Services during a period of six months preceding the day when the loss was incurred.

10. PROTECTION OF PERSONAL DATA

10.1. Personal details of the User, who is a natural person, are protected by generally binding legislation.

10.2. The User consents to the processing of the following personal details: forename, surname, e-mail address and other personal details of the User or third parties whom the User has listed in their User Account (collectively ‘Personal Details’).

10.3. The User consents to the processing of Personal Details by the Provider for the purposes of administering the User Account, performing obligations arising from the Contract for the Provision of Services, and for the purpose of sending commercial communications by the Provider. The User confirms that the provided Personal Details are accurate and that it has been explained to the User that the provision of Personal Details is voluntary.

10.4. Personal Details may be passed on to third parties, in particular persons forming a holding company with the Provider and persons who provide customer support for the users of the Service. The Provider may delegate the processing of Personal Details to a third party as a processor.

10.5. The User acknowledges that he/she is obliged to provide correct and true Personal Details (when registering, in their User Account) and that he/she is obliged to reflect any changes of their Personal Details in their User Account without undue delay.

10.6. Personal Details shall be processed for an indefinite period of time. Personal Details shall be processed in electronic form in automatic manner or in print form in non-automatic manner.

10.7. In the event that the User suspects that the Provider or processor (Clause 10.4) are processing the User’s Personal Details contrary to the protection of the User’s private and personal life or contrary to the law, in particular if the Personal Details are inaccurate in relation to the purpose of their processing, the User may Request that the Provider or the processor provides an explanation or request that the Provider or the processor rectifies the situation.

10.8. If the User requests information relating to the processing of their Personal Details, the Provider is obliged to provide such information. The Provider is entitled to demand adequate reimbursement for the provision of information according to the previous sentence not exceeding the necessary costs of the provision of such information.

11. SENDING OF COMMERCIAL COMMUNICATION AND SAVING OF COOKIES

11.1. The User consents to the sending of information and commercial communication by the Provider relating to the Provider’s services or business to the User’s Address, as well as to the sending of commercial communication by the Provider or third parties to the User’s Address including commercial communication relating to a third party. The User may revoke this consent at any time.

11.2. The User consents to the saving of so-called cookies on their computer. Cookies are small files which allow the Provider to recognise the User’s computer when communicating with the Service and to subsequently use certain functions of the Service. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the User’s computer, the User may at any time withdraw their consent provided in the first sentence of this paragraph.

12. DURATION OF CONTRACT FOR THE PROVISION OF SERVICE

12.1. A Contract for the Provision of Services enters into effect immediately after its conclusion.

12.2. A Contract for the Provision of Services is concluded for an indefinite period of time. The Provider may terminate a Contract for the Provision of Services with immediate effect if the User breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation. Notice of termination of the Contract for the Provision of Services according to this Clause becomes effective as soon as it has been served on the User. Unless agreed otherwise, the Contract for the Provision of Services terminates as soon as the notice of termination becomes effective.

12.3. The charged version of the Service may be used only when the User has purchased Credit necessary for the use of the charged Service.

12.4. The Provider may cancel the User’s User Account once the Contract for the Provision of Services has terminated.

12.5. The User, who is a consumer, is entitled to withdraw from a Contract for the Provision of Services only before the Provider has started their performance. The User, who is a consumer, agrees that the Provider shall start to perform the Contract for the Provision of Services immediately after its conclusion. The User, who is a consumer, declares that it has been explained to them that by providing consent according to the previous sentence, the User loses their right to withdraw from the Contract for the Provision of Services.

13. SERVICE – LEGAL ACTS

13.1. Unless agreed otherwise, any correspondence regarding legal acts relating to a Contract for the Provision of Services must be served on the other contractual party in writing by e-mail. The User shall be served at the User’s Address, i.e. the e-mail address provided in their User Account.

14. FINAL PROVISION

14.1. If a relationship relating to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contains international (foreign) element, then the parties agree that this relationship shall be governed by Czech law, i.e. by the Commercial Code. Courts of the Czech Republic shall have jurisdiction to decide disputes relating to a Contract for the Provision of Services.

14.2. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.

14.3. The Provider may transfer rights and obligations arising from a Contract for the Provision of Services to a third party and the User consents to this.

14.4. The Provider is allowed to provide services on the basis of a trade licence and the Provider’s activities are not subject to any other permissions.

14.5. A Contract for the Provision of Services including the Terms of Business is archived by the Provider in electronic form and it is not publicly accessible.

14.6. The Provider’s contact details are: e-mail address limetalk@limetalk.com.

In Prague on 18th July 2013

Lime Inspirations, s.r.o.

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