IMPORTANT – PLEASE READ CAREFULLYCOMFORTWAY END USER LICENSE AGREEMENT
This is a legal agreement ("the Agreement") between you and Comfortway s.r.o. ("ComfortWay"). This Agreement pertains to your use of the ComfortWay software (web sites, web services, server side software, PC programs, mobile applications), technology, documentation and updates which are provided to you by ComfortWay (collectively, "the Software"). Please carefully read the terms and conditions below. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by ComfortWay.
EMERGENCY CALLS AND SMS.
You expressly acknowledge that the Software is not intended, designed or fit for placing, carrying or supporting emergency calls or SMS. Without limiting the foregoing, you acknowledge that the Software is not intended, designed or fit for placing, carrying or supporting any call or SMS to any emergency service or any call for the purpose of obtaining assistance, help or aid in the event of an emergency. Neither ComfortWay nor any of its affiliates, subsidiaries, parent companies, agents, partners, or employees are or will be liable to you or any third party in any respect for any costs or damages arising either directly or indirectly from the use of the Software for emergency calls or SMS, including calls or SMS to emergency services and calls or SMS for the purpose of obtaining assistance, help or aid in the event of any emergency.
BOOKING FORMALITIES:
A. Booking formalities includes a choice of an organization that provides certain services (the "Organization"), as well as the choice of the number of seats, date and time of booking.
B. In order to process your booking you must enter your mobile number. To the specified phone number will be sent a text message with a password required for your authorization.
C. The possibility for reservation is determined on the assumption of the number of available seats in the Organization.
D. Upon successful booking you will receive a text message with the booking code. When you will visit the Organization you need to inform the representative of the Organization about your booking code, name and surname.
E. You are asked to cancel any bookings that they will be unable to honor at least 30 minutes in advance on the day of the booking. You may cancel your booking online or call the Organization directly.
LICENSE AND RESERVATION OF RIGHTS
This Agreement grants you a personal, non-exclusive, nontransferable, non-sublicensable right to use one copy of the Software for your own personal use on a single computer and/or workstation. ComfortWay reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.
LICENSE RESTRICTIONS
You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy or upload the Software or any part thereof to any server or location for reproduction or distribution. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates to the Software that you may obtain.
DISCLAIMER OF WARRANTIES
The Software provided by ComfortWay is provided "as is." ComfortWay and its affiliates, subsidiaries, parent companies, agents, partners, and employees make no representation, warranty or condition to you or any other person or entity, whether express, implied, or statutory, as to any of the following:
A. The description, quality, noninfringement, merchantability, completeness, or fitness for any particular use or purpose of the Software, or title to the Software;
B. The condition of the Software as free from any virus or other code that is contaminating, malicious or destructive by nature;
C. The condition of the Software as error free or capable of operating without packet loss or interruption;
D. The reliability or quality of any connection to or any transmission over the internet or other data communication path;
E. The quality of calls placed, carried or supported by the Software;
All such representations, warranties and conditions hereby being expressly excluded and disclaimed. You assume total responsibility and risk for your use of the Software
LIMITATION OF LIABILITY
In no event shall ComfortWay, its affiliates, subsidiaries, parent companies, agents, partners, or employees be liable to you or any third party in any respect for any costs or damages arising either directly or indirectly from the use of the Software including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, use, data, goodwill or business opportunities of any kind or nature whatsoever, arising in any manner from any cause of action or claim relating to this agreement or to the Software or to the use or installation of the Software. This limitation of liability applies equally to any third parties with whom ComfortWay enters into a binding agreement to market, display and/or distribute the Software to end users and such third parties shall not be liable to you or any other third party for any of the damages set forth above.
INDEMNIFICATION
You agree to indemnify and hold ComfortWay, its affiliates, subsidiaries, parent companies, agents, partners, officers, directors, employees, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Software.
MODIFICATIONS OF THE SOFTWARE
ComfortWay reserves the right to modify the Software in any manner whatsoever, at any time, without providing notice to you. ComfortWay right to modify the Software applies to all aspects of the Software.
INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY MATERIALS
All service marks, logos, trade names, trade dress, and trademarks of ComfortWay (collectively "Marks") incorporated into the Software are the exclusive property of ComfortWay and nothing in this Agreement shall grant you a license to use such Marks. Any unauthorized use or appropriation of the intellectual property embodied in or incorporated into the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks that appear on ComfortWay web sites may belong to third parties that are not affiliated with ComfortWay. Links available on the web site may enable you to leave the ComfortWay site. ComfortWay does not control or endorse the content of third party web sites. The linked sites are not under the control of ComfortWay, and ComfortWay is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking all precautions to ensure that whatever page, program or download links you follow, whether on ComfortWay web sites or the sites of third parties, are free of viruses, worms, Trojan horses, and other items of a contaminating, malicious or destructive nature.
IP ADDRESSES
Upon expiration, cancellation, or termination of this Agreement, you shall relinquish any IP address or addresses assigned to you by ComfortWay.
SEVERABILITY
If any provision of this Agreement is held fully or partially invalid or unenforceable for any reason whatsoever, or adjudged to violate any applicable law, this Agreement is to be considered divisible as to such provision and such provision, to the extent that it is invalid or unenforceable, is to be deemed deleted from this Agreement, and the remainder of this Agreement shall be valid and binding as if such provision were not included herein. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
NON-WAIVER
ComfortWay failure to insist upon or enforce strict performance of or strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
ASSIGNMENT OF RIGHTS
ComfortWay may assign its rights and duties under this Agreement to any party at any time without notice to you.
MODIFICATIONS OF AGREEMENT
Only ComfortWay may modify this Agreement. ComfortWay may modify this Agreement at any time without providing notice to you. Any such modification shall be deemed effective immediately upon posting of the modified Agreement anywhere on ComfortWay website. You agree to check our web site periodically to review such modifications. Your continued access or use of the Software shall be deemed your acceptance of the modified Agreement.
TERMINATION
ComfortWay reserves the right to terminate this Agreement and your use of the Software at any time and for any reason or no reason at all. You may terminate this Agreement at any time by ceasing to use the Software. The provisions contained herein shall survive termination of this Agreement.
PRIVACY POLICY
OUR COMMITMENT TO PRIVACY
Comfortway s.r.o. (“ComfortWay”) values your privacy. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
THE INFORMATION WE COLLECT
Web server of ComfortWay collects and accumulates information about each visit to our website, including browser type, IP address, service provider, referral domain names, operating system, pages viewed on our website, and the date & time of your visit. This gathered information is analyzed in order to optimize and enhance user experience. On some pages, you can create an account and pay for services. The types of personal information collected at these pages are:
Name
Address
Email address
Phone numbers
Information required for billing of ComfortWay services usage
(etc.)
THE WAY WE USE INFORMATION
A. We use the information you provide about yourself when creating an account only to complete our services. We do not share this information with outside parties except to the extent necessary to complete our services.
B. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
C. We use information about consumed services (internet traffic, calls, SMS, etc.) only for billing purposes. Such information is not used for any other purpose and is not shared with outside parties.
D. We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
E. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
THIRD PARTY COMPANIES
We may hire other companies to provide limited services on behalf of ComfortWay, including shipping purchases. We only provide such companies with the personal information that they need to perform the services that we have requested of them. These companies are prohibited from using the personal information provided by us for any other purpose. No personal information is shared with third party companies for other reasons.
OUR COMMITMENT TO DATA SECURITY
All personal information gathered by ComfortWay is stored in a secure location and may only be accessed by appointed staff. ComfortWay uses secure server to protect the safety and security of online transactions.
REFUND POLICY:
A. You can request a refund for unused and unexpired services at any time by contacting customer support at ComfortWay Website. Refund requests carried out through other means shall not be eligible for the refund. Any refund will be subject to a twenty five Euro (€25.00) processing fee.
B. All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by ComfortWay, and addressed to such person that paid funds initially.
C. All refunds shall be paid within 3 business days.
D. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
HOW TO CONTACT US
Should you have other questions or concerns about the Agreement, please contact us.
CHOICE OF LAW
The Agreement is made under and shall be governed by and construed in accordance with the laws of Czech Republic, without giving effect to any principles that provide for the application of the law of another jurisdiction.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
REVISION DATE: December 18, 2013