Expats.cz Terms of Service

Expats.cz Terms of Service - Last update effective on July 9, 2024

Expats.cz Staff

Written by Expats.cz Staff Published on 12.10.2008 23:11:00 (updated on 09.07.2024) Reading time: 13 minutes

Last update to this document effective on July 9, 2024

Please read the following important Terms of Service Agreement (the “Agreement”) before accessing or using any of the various services (the “Services”) made available to you (the “Member”) by Howlings s.r.o., acting as Expats.cz, located at Vítkova 244/8, Praha 8, 186 00 Czech Republic, IČO: 27572102 (hereinafter referred to as “Expats.cz”), through www.expats.cz, or otherwise. By accessing or using the website and completing the registration process, you represent that you can and will be legally bound by this Agreement. No Member may participate where doing so would be prohibited by any applicable law or regulation.

Acceptance of terms

By accessing or using the Expats.cz website and its Services, or by completing the registration process, you explicitly agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree to these terms, you must not use or access the Expats.cz website or Services. Continued use of the Expats.cz website and Services following any changes to this Agreement signifies your acceptance of those changes.

Modifications

Expats.cz reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Expats.cz’s sole discretion. The most recent version of this Agreement will be posted on the Expats.cz website. As a Member, it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should any Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Expats.cz in any way, the Member's only recourse is to immediately:

  • Discontinue use of Expats.cz websites;
  • Terminate Expats.cz registration; and
  • Notify Expats.cz of termination at cs@expats.cz.

Description of Services

As a Member, you will be provided with a variety of Services, as described on the Expats.cz website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Expats.cz reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Expats.cz’s sole discretion, with or without notice to Members, and with no obligation to Members.

Visitor and Member Conduct

Use of the Services by you, as a Visitor or Member, is subject to all applicable local, Czech, national, and international laws and regulations. Expats.cz reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Expats.cz guarantee that any monitoring it does perform will be to the Visitor's or Member’s satisfaction. Upon learning of any violation of this Agreement, Expats.cz, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Expats.cz deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Expats.cz reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

  • Visitors or Registered Users shall not engage in harassment, including excessive repetition, unwanted contact, interfering with others' use of the site, or stalking.
  • List email addresses or personal details of unknown individuals.
  • List fake, fictitious, or owned email addresses as referrals.
  • Interfere with another person’s use of the Services.
  • Misrepresent their identity or impersonate anyone, including Expats.cz employees or representatives.
  • Claim to be sponsored by, endorsed by, or affiliated with Expats.cz.
  • Use the site for junk mail, commercial ads, or solicitations outside Expats.cz's commercial services.
  • Post, upload, email, or transmit harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or objectionable content.
  • Engage in activities promoting racism, bigotry, hatred, or physical harm against any group or individual.
  • Share, promote, or exchange content harmful to minors.
  • Upload content promoting illegal substances or activities.
  • Post pornographic or sexually explicit material.
  • Attempt unauthorized access to Expats.cz’s database or systems.
  • Modify, decompile, or reverse engineer any software used by Expats.cz.
  • Disrupt, interfere with, or impair the functionality of the Services or website.
  • Use the site for unlawful purposes.
  • Solicit passwords or personal information for commercial or unlawful purposes.
  • Use another Member’s account, username, or password, or share their own account details.
  • Publicly post information that creates a privacy or security risk for others.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Expats.cz and its designees. Expats.cz has the right in its sole discretion to pre-screen, refuse, or remove any content that is available via the Expats.cz Services. Expats.cz and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Expats.cz. Expats.cz is not obligated to provide a Visitor or Member with a warning prior to removal.

Privacy

Expats.cz has established a Privacy Policy to explain to Members how their information is collected and used, which Members can read by clicking here. The policy explains how and when Expats.cz may use Member information and content.

Member Account and Password

Once a Member registers for Expats.cz, the Member will have a password and an account with Expats.cz. The Member is responsible for maintaining the confidentiality of the Member’s password and account. Furthermore, the Member is entirely responsible for any and all activities that occur under the Member’s account. The Member agrees to immediately notify Expats.cz of any unauthorized use of the Member’s account or any other breach of security known to the Member.

Copyrights, Trademarks, Patents, and Intellectual Property Rights

Members acknowledge that messages, files, or other materials (“Content”) contained on the Expats.cz website and within Expats.cz email messages, and third-party advertisements on the website and distributed via email, of a commercial nature and presented to Members by Expats.cz and the Services, are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Members are permitted to use Expats.cz Content or third-party Content only as expressly authorized by Expats.cz or the third-party advertiser. Members may not copy, reproduce, distribute, or create derivative works from the Expats.cz Content or third-party Content without expressly being authorized to do so by Expats.cz or the third-party advertiser. Although Expats.cz does not claim rights ownership of Member content, Members automatically grant, and represent and warrant Expats.cz a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable license to use, copy, perform, display, and distribute said content. Members also automatically grant that Expats.cz has the right to retain Members' content on Expats.cz sites even in the instance a Member is revoked from using an Expats.cz site.

Termination

A party may terminate the use of the Expats.cz website or the Services through the methods described within the specific service you are using within the site. Termination requests can be sent to cs@expats.cz.

Disclaimers of Warranties

Members agree that use of the Expats.cz website and the services is entirely at the Member’s own risk. The Expats.cz website and the services are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Expats.cz disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Expats.cz website and the services. To the fullest extent permitted by law, Expats.cz disclaims any warranties for other services or goods received through or advertised on the Expats.cz website or the services accessed through any links on the Expats.cz website. To the fullest extent permitted by law, Expats.cz disclaims any warranties for viruses or other harmful components in connection with the Expats.cz website or the services.

Limitation of Liability

Under no circumstances shall Expats.cz be liable on account of a Member’s use or misuse of the Expats.cz website or the services, whether the damages arise from use or misuse of the Expats.cz website or the services, from inability to use the Expats.cz website or the services, or the interruption, suspension, modification, alteration, or termination of the Expats.cz website or the services. Such limitation shall also apply with respect to damages by reason of other services or products received through or advertised in connection with the Expats.cz website or the services or any links on the Expats.cz website, as well as by reason of any information or advice received through or advertised in connection with the Expats.cz website or the services or any links on the Expats.cz website. These limitations shall apply to the fullest extent permitted by law.

Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the Services, or the relationship between you and Expats.cz, the parties shall first attempt to resolve the dispute amicably through negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation in the Czech Republic, in accordance with the rules of a recognized mediation service agreed upon by the parties. 

If the dispute is not resolved through mediation, the parties agree that the dispute shall be resolved by binding arbitration in the Czech Republic. The arbitration shall be conducted in accordance with the rules of the Czech Arbitration Court or another recognized arbitration body agreed upon by the parties. The language of the arbitration shall be Czech.

The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs and expenses of the arbitration, including attorney’s fees, and an equal share of the arbitrator's fees and any administrative fees of arbitration, unless the arbitrator determines that a different allocation is necessary to prevent an unjust result.

Nothing in this Agreement shall prevent Expats.cz from seeking injunctive relief in a court of competent jurisdiction to prevent or stop any unauthorized use of the Expats.cz website or any infringement of intellectual property rights.

If arbitration is not a viable option due to applicable laws or regulations, any disputes shall be resolved by the courts of the Czech Republic. You and Expats.cz agree to submit to the personal jurisdiction of the courts located within the Czech Republic for the purpose of litigating all such claims or disputes.

This dispute resolution process is intended to be the sole method of resolving any disputes arising out of or relating to this Agreement, and you expressly waive your right to bring any claims in any other venue or forum.

Force Majeure

Expats.cz shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbance, strikes, lockouts, labor disputes, government actions, regulatory or legal restrictions, pandemics, epidemics, power outages, and other events of force majeure. In such an event, Expats.cz's obligations under this Agreement will be suspended for as long as the event continues, and Expats.cz will use reasonable efforts to resume performance as soon as practicable.

Refund Policy

Expats.cz does not generally offer refunds for Services once an order has been processed. However, refunds may be issued under specific circumstances, which are detailed below. All refund requests must be submitted in writing to cs@expats.cz within thirty (30) days of the original transaction date. Requests submitted after this period will not be considered.

Refunds may be issued under the following circumstances:

  • Service Not Delivered: If you have paid for a Service that Expats.cz fails to deliver, you may be eligible for a full refund. Delivery is defined as the availability of the service in your user account.
  • Service Defect: If the Service provided is defective, malfunctioning, or does not meet the specifications outlined at the time of purchase, you may be eligible for a partial or full refund. You must provide evidence of the defect when submitting your refund request.
  • Billing Errors: If there is a billing error and you are overcharged for a Service, you may request a refund for the overcharged amount. Evidence of the billing error must be provided.
  • Duplicate Charges: If you are accidentally charged more than once for the same Service, you can request a refund for the duplicate charges.

Refunds will not be issued in the following situations:

  • Change of Mind: If you change your mind after purchasing a Service, a refund will not be issued.
  • Violation of Terms: If your account is terminated due to a violation of the Terms of Service, you will not be eligible for a refund.
  • Partial Use of Services: If you have used part of the Service, refunds will not be issued for the unused portion.

To request a refund, please follow these steps:

  • 1.Submit a written request to cs@expats.cz within thirty (30) days of the original transaction date.
  • 2.Include your full name, contact information, transaction details, and a detailed explanation of the reason for the refund request.
  • 3.Provide any supporting documentation or evidence related to your request (e.g., screenshots, error messages, etc.).

Expats.cz will review your request and respond within fifteen (15) business days. If your request is approved, the refund will be processed using the original payment method. Please note that it may take additional time for the refund to be reflected in your account, depending on your bank or payment provider.

Age Requirement

To use the Services provided by Expats.cz, you must be at least 18 years old. By accessing or using the Expats.cz website and its Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use the Services or register an account on the Expats.cz website.

Indemnification

Members agree to indemnify and hold Expats.cz, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Members agree to hold Expats.cz harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to the Member’s violation of this Agreement.

Sponsors, Third Parties, and Advertisers

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that Expats.cz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.

Governing Law

The Agreement and the relationship between Members and Expats.cz shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Expats.cz nevertheless agree that the court should endeavor to give effect to your and Expats.cz’s intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Expats.cz, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Expats.cz makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk and are solely responsible for compliance with all applicable laws.

Agreement

The Agreement constitutes the entire agreement between Members and Expats.cz and governs your use of Expats.cz and the Services, superseding any prior agreements between Members and Expats.cz. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or other services within Expats.cz. The failure of Expats.cz to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

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