Terms of Use

General Terms and Conditions of www.xplaynr.com

(hereinafter as the “General Terms and Conditions”)

Thank you for using www.xplaynr.com.

The www.xplaynr.com service is provided by CEMDESIGN, spol. s r.o., with registered office at Bratislavská 483, 911 05 Trenčín, Corporate ID: 35 295 159, registered in the Business Register of the Trenčín District Court, section Sro, entry No. 10187/R (hereinafter as the “Provider”),
 

1. Introductory Provisions

  1. CEMDESIGN, spol. s r.o. is the provider of the web application available at www.xplaynr.com and related services (hereinafter as the “Service” or “Services”).

  1. The General Terms and Conditions regulate the legal relationship between the Provider and the user of the Service at www.xplaynr.com, and their rights and obligations pertaining to use of the Service.

  1. The General Terms and Conditions apply to all Users of the Services provided by the Provider, and they form an integral part of the contract concluded between the Provider and the User with regard to the Service provision or the User's order.

  1. The Provider's activity is controlled and supervised by the Slovak Trade Inspection Office (STIO), STIO Inspection Office for the Trenčín region, Hurbanova 59, 911 01 Trenčín.

 

2. Definitions

  1. The “Provider” shall be CEMDESIGN, spol. s r.o., with registered office at Bratislavská 483, 911 05 Trenčín, Corporate ID: 35 295 159, registered in the Business Register of Trenčín District Court, section Sro, entry No. 10187/R.

  1. The “User” shall be a natural person or a legal entity using the Provider's Services.

  1. The “Service” or “Services” shall denote a set of services provided by the Provider using the web application at www.xplaynr.com, which allows the User to enter text or audio comments and insert simple shapes into graphical files and perform other related activities as specified at www.xplaynr.com.

  1. The “Price of the Service” shall be the price listed at www.xplaynr.com. VAT at the rate specified by the legal regulations valid at the time of Service provision shall be added to the Price of the Service.

  1. An “Uploaded file” shall be any file uploaded by the User using the web application at www.xplaynr.com while using the Services.

  1. “User contents” shall be any text or information entered by the User using the web application at www.xplaynr.com while using the Services.

 

3. Provided Services

  1. The Provider allows the User to use the following Services via the web application at www.xplaynr.com and under the terms and conditions specified at www.xplaynr.com and in these General Terms and Conditions:

    • upload a graphic file meeting the format and size constraints specified at www.xplaynr.com and then insert in the Uploaded file text and audio comments, simple shapes and perform other actions available as part of the provided Service;

    • share the Uploaded file and User contents with one or multiple Users;

    • other related Services specified in more detail at www.xplaynr.com.

  1. The Services offered by the Provider via www.xplaynr.com are subject to on-going improvement and quality improvement of the Services offered by the Provider.

 

4. Provider’s Rights and Obligations

  1. The Provider provides Services to the User in accordance with these General Terms and Conditions and the information available at www.xplaynr.com.

  1. In connection to providing the Service, the Provider is obliged:

    • to allow the User to use the Services in accordance with these General Terms and Conditions and the information available at www.xplaynr.com.

    • notify the User of any scheduled limitations, interruptions or changes of Service which may affect the provided Services;

    • provide assistance and customer support to the User.

  1. In connection to providing the Service, the Provider is entitled to:

    • inform the User of Service about related products and other Provider's activities via e-mail or using other suitable means of communication;

    • amend the terms and scope of the provided Services, or change the functional and technical characteristics of the Service to ensure on-going improvement of the provided Services;

    • in justified and unforeseen cases, interrupt or restrict Service provision for the necessary time even without prior notification;

    • interrupt provision of the Service temporarily and without prior notification if the User uses the Service contrary to the valid legal regulations, these General Terms and Conditions, or abuses the Service for other than the agreed purpose;

    • delete, remove or otherwise disable access to the Uploaded file or User contents if the User uses the Service contrary to the valid legal regulations, these General Terms and Conditions, or abuses the Service for other than the agreed purpose;

    • block or remove the User's account in the case of a breach of the valid legal regulations, and these General Terms and Conditions.

  1. The Provider shall not be responsible for the Uploaded file and the User contents created, used or shared by the User in utilizing the Service.

 

5. User’s Rights and Obligations

  1. The User shall pay the Provider for using the Service the Price of the Service in accordance with the price list and the terms published by the Provider at www.xplaynr.com.

  1. In connection to using the Service, the User is entitled to:

    • use the Service in accordance with the valid legal regulations, these General Terms and Conditions, and the terms of use published at www.xplaynr.com;

    • submit his/her requests and comments to the Provider's customer support.

  1. In connection to using the Service, the User is obliged:

    • to comply with all valid legal regulations, these General Terms and Conditions, and any other Provider's terms and instructions published at www.xplaynr.com;

    • to submit true and up-to-date information in the process of User registration;

    • not to abuse the Service for any other than the agreed purpose;

    • pay the Price for the provided Service in accordance with the terms published at www.xplaynr.com;

    • in using the Service, to use only Uploaded files and User contents which the User is authorized to use for the purpose for which he/she intends to use them in utilizing the Service.

  1. The User is fully responsible for the Uploaded file and the User contents created, used or shared using the Service. The Provider does not verify whether the Uploaded file or the User contents comply with the valid legal regulations or whether the User is authorized to use the Uploaded file or the User contents.

 

6. Terms of complaints

  1. The Terms of complaints form an integral part of these General Terms and Conditions. Unless otherwise stipulated in the General Terms and Conditions, the Provider shall provide the Service to the User as currently available at www.xplaynr.com.

  1. The Provider is responsible for the Service to meet the requirements of these General Terms and Conditions, the terms published at www.xplaynr.com and the purpose for which the Service is intended in the status currently available online.,

  1. The Provider shall be responsible for any Service defects arising during use of the Service by the User under the terms specified in these General Terms and Conditions, and the valid legal regulations.

  1. The User shall submit his/her complaints to the Provider immediately after encountering a Service defect. The User, in the legal position of a consumer, is obliged to submit a complaint at the latest within 30 days from the date of Service defect.

  1. The help and support provided by the Provider to the User following his/her help request submitted by phone, e-mail or otherwise shall not be deemed a complaint pursuant to this article of the General Terms and Conditions.

 

7. Alternative Dispute Resolution

  1. If the User, in the legal position of a consumer, is not satisfied with how his/her complaint was handled, he/she shall have the right to ask the Provider for a remedy using the provided contact form.

  1. If the Provider, upon the request of the User, in the legal position of a consumer, provides a negative response or fails to reply within 30 days from the receipt of the User's request, the User becomes entitled to request the commencement of an alternative dispute resolution in accordance with Section 12 of the Act. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on the change and amendment of some laws.

  1. The Alternative Dispute Resolution only pertains to disputes between the User, in the legal position of a consumer, and the Provider arising from or pertaining to a remotely concluded consumer contract or a consumer contract concluded outside the business premises of the Provider.

  1. The User, in the legal position of a consumer, may file a complaint using the alternative dispute resolution website: https://ec.europa.eu/consumers/odr.

 

8. Privacy Policy

  1. The Privacy Policy forms an integral part of these General Terms and Conditions. The Provider shall handle the User's personal data in accordance with the valid legal regulations of the Slovak Republic.

  1. By using the Service, the User voluntarily grants his/her consent pursuant to Section 11 of Act No. 122/2013 Coll. on Personal Data Protection as amended to have his/her personal data processed for the purposes of Service provision and to have his/her personal data collected, stored, and processed by the Provider and used for the confirmation of Service orders, making tax documents, and for other Service-related purposes, including communication with the User, as well as for the marketing purposes of the Provider, and to be offered Services and sent product information in electronic form.

  1. In the process of registration, the User provides the following data for the purposes of User identification, mutual communication, and for the purposes specified in section 8.2:

    • User's e-mail address.

  1. In the process of making an order, the User provides the following data for the purposes of making a tax document and for the purposes specified in section 8.2:

    • User's name, surname, and address, if the User submits the order as a natural person in the legal position of a consumer;

    • User's name and surname, place of business, corporate ID and VAT ID, if the User submits the order in the legal position of an entrepreneur;

    • User's registered name, registered office, corporate ID and VAT ID, if the User submits the order in the legal position of a legal entity.

  1. The personal data required in accordance with these General Terms and Conditions is provided by the User for the purposes of Service provision. Should the User's personal data change, the User can update it in his/her user profile at www.xplaynr.com. The User shall be responsible for any and all damage caused to the Provider by the provided personal data not being correct or up-to-date.

  1. The Provider shall be entitled to process the User's personal data even once the purpose of processing expires, within the necessary scope required for statistical, accounting and research purposes, and provide third parties or the public with summary statistical information in compliance with the valid legal regulations about the users, number of visitors, turnover, or other information in a form which conceals the identify of a specific User.

  1. By registering, the User confirms that he/she has been informed, in accordance with the valid legal regulations, about the fact that his/her personal data will be used and processed for the purposes specified in these General Terms and Conditions.

  1. The Provider hereby undertakes not to use or provide any personal data beyond the scope required to provide the Service, ensure its functioning, and perform the Provider's obligations arising from the Service and the valid legal regulations.

 

9. Final Provisions

  1. The legal relationship between the Provider and the User shall be regulated by the laws of the Slovak Republic regardless of the legal form of the contracting parties, and regardless of the permanent residence address, place of business, or registered office of the User.

  1. The legal relationship between the Provider and the User arising from the Service shall be regulated by the General Terms and Conditions.

  1. The legal relationship between the Provider and the User, who is an entrepreneur and acts within the scope of his/her business or other entrepreneurial activity, shall be regulated by the respective legal regulations, in particular the provisions of Act No. 513/1991 Coll. the Commercial Code as amended.

  1. The legal relationship between the Provider and the User, who is a consumer, shall be regulated by the respective legal regulations, in particular the provisions of Act No. 40/1964 Coll. the Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection and on change of the Act of the Slovak National Council No. 372/1990 Coll. on Misdemeanours in the wording of later regulations as amended.

  1. The Provider shall be entitled to amend these General Terms and Conditions at any time. The change of the General Terms and Conditions becomes effective on the date of publishing the full wording of the changed General Terms and Conditions at www.xplaynr.com.

  1. These General Terms and Conditions became valid and effective on August 28, 2017.