Open-minded places for all open-minded people.
1.1 These General Terms and Conditions (hereafter the "Terms") shall govern the rights and obligations between providers of electronic services and recipients of electronic services and shall be an integral part of the contract for the provision of electronic services.
1.2 The Provider is Nadácia otvorenej spoločnosti (Open Society Foundation), located at Baštová 5, 811 03 Bratislava, company identification number 30845173 (hereafter referred to as the “Provider“).
1.3 The customer of the electronic services shall be a natural or legal entity as the recipient of the electronic services that shall be using them for the sole purpose of publicity (hereafter referred to as the „Customer“).
1.4 Electronic services are deemed to be services provided via the website www.weareopen.sk or its language mutations (hereafter referred to as the “Website“) operated by the Provider (hereafter referred to as the “Services“). The Services include publication of data about the Customer – contact details, brief information about the company, photograph at www.weareopen.sk. By adding the above information the company undertakes to comply, within the set scope or company, with the ethical values espoused by the project Sme otvorení/We are Open.
1.5 Contract on the provision of electronic services shall be an agreement that governs the provision of services and is entered into via electronic means by distance by the Provider and the Customer under Article 2 of the Terms (hereafter referred to as the “Agreement“; the Provider and the Customer together shall be referred hereafter as the “Parties to the Agreement“). Under these Terms, the Agreement shall also refer to a service contract not entered into by distance.
Order of and Entering into Service Contract
2.1 Contractual relationship between the Provider and the Customer enters into force on sending the registration completed by the Customer via the Website by entering the 'YES' command and/or pressing the order operation button provided all data requested by the Website (in the relevant form) have been submitted properly, truthfully and completely. In case any of the data submitted by the Customer are not proper, truthful or complete, the Provider shall be entitled to consider the order invalid. Following the registration, the Customer shall receive an automatically generated email about submission of the registration.
2.2 These binding and valid Terms shall be an integral part of the Agreement between the Provider and the Customer.
2.3 The Provider shall confirm the conclusion of the Agreement between the Provider and the Customer by accepting (including) the company in the offer (list) of companies at www.weareopen.sk
Amending the Agreement
3.1 The Agreement may only be changed or amended in writing or via electronic means upon mutual consent of the Parties to the Agreement.
Cancellation of the Agreement
4.1 The Customer shall be entitled to withdraw from the Agreement by sending an email to the Provider.
4.2 The Provider is entitled to refuse to accept the registration or withdraw from the Agreement anytime,
a) if data are submitted incorrectly ore missing, or other inconsistencies in the registration form have been identified and the Customer fails to remedy the flaws immediately upon being notified by the Provider requesting their amendment or removal;
b) in case it becomes apparent that any of the statements contained in Article 2 of the Terms, statements and information provided by the Customer on registration are not true, or in case of failure to meet conditions for service provision as set out by law;
c) in case of a decision to cancel the service for any reasons.
d) in case it is proofed that Customer does not respect or follow moral values represented by the project Sme otvorení/We are Open.
5.1 Services delivered by the Provider shall not entail legal counselling or services under separate regulations. Information provision of shall not be of legal nature. The information concerned shall be merely of general and summary nature; it shall be freely accessible in legal regulations of the Slovak Republic or online. Should the Customer be interested in receiving legal counsel, the Provider advises the Customer to approach an attorney registered with the Slovak Bar Association or a notary registered with the Chamber of Notaries of the Slovak Republic.
5.2 The Provider assumes no legal responsibility for information that is part of the content of the Website. The information published on the Website shall be protected by copyright.
5.3 Information provided by the Customer via order form and/or the Website, or any other means, shall serve solely to provide specific service and the Customer or any other person shall not be authorized to provide it to third parties or use commercially.
5.4 The Customer acknowledges that Services shall be carried out predominantly by means of electronic communication. The Provider shall not be liable to the Customer for damages caused directly or indirectly in connection with issues resulting from the use of equipment of the Provider, hardware, software, telephone lines, internet connection or electronic data transmission.
5.5 The Provider shall not be liable for damages arising to the User or third party resulting from improper, unauthorized or illegal use of the Website.
5.6 The Provider shall bear no responsibility for viruses or other attack on the computer system or other equipment of the Website users.
6.1 The Customer is required to notify the Provider by email (firstname.lastname@example.org) about any discrepancy of the Service provided with the subject to the registration immediately after having identified the discrepancy.
6.2 In case the Customer is not contented with the Service provided, the former may file a complaint to the Provider stating order number and the reason for the claim. The Provider shall deal with the remedy during working days from 8:00 AM until 4:00 PM ordinarily within five (5) working days from the date of receipt of the claim with no guarantee of remedy.
6.3 Furthermore, the Customer is entitled to submit to the Provider their opinion on the Services provided.
6.4 The Customer acknowledges and agrees that the Provider delivers the Service free of charge, thus deeming any claims for redress, rights and legitimate interests of the Customer to be of no legal entitlement. The Provider, however, undertakes to exert reasonably expectable effort to deliver uninterrupted Services. Should the Provider fail to provide remedy and/or uninterrupted Services, the Customer shall be entitled to withdraw from the Agreement.
Communication and Delivery
7.1 The Parties to the Agreement have agreed on communication particularly via email to be sent to email addresses which they have provided each other. In case the original data change, the Parties to the Agreement shall immediately communicate the change to their counterpart. The original data shall remain valid until the moment of communicating the change concerned.
7.2 Exceptionally, the Parties to the Agreement may communicate via postal services.
7.3 Notifications sent via email shall be deemed to be delivered on the date of their dispatch.
8.1 The Provider is entitled to collect and process personal data of the Customer, his or her associates, board members and other persons as provided by the Customer to the extent required by the Website (particularly, but not exclusively, name and surname, date of birth, birth registration number, address of residence, gender, town, district and state of birth, previous name and surname, maiden name, name and surname of mother, name and surname of father, mother's maiden name, telephone number, email address) solely for the purpose of Service provision. The Provider is entitled to keep the relevant personal data for ten (10) years from the date of their receipt.
8.2 The Provider undertakes to maintain confidentiality of personal data of the Customer and other persons entrusted to him through the Website or otherwise. The Provider is also required to maintain confidentiality of all facts that were disclosed to him in connection with the Service provision, except for their use for the purpose of meeting his obligations related to the Service provision.
8.3 The Customer has provided his or her personal data on free will, agrees with their gathering, retention and use under Act 428/2002 Coll. on Personal Data Protection as further amended, for the purpose of Service provision. The Customer agrees primarily, but not exclusively, with disclosure of the data concerned to the state authority responsible for registration, state authority responsible for publication of necessary permissions and to a third party solely in connection with the Service ordered (for instance, the lessor of the registered company seat).
9.1 All legal relations between the Parties to the Agreement, as well as relations not covered by these Terms shall be governed by the legislation of the Slovak Republic, in particular the relevant provisions (§ 261 et seq.) of Act 513/1991 Coll. Commercial Code, as further amended.
9.2 By clicking the relevant field entitled Terms and Conditions, the Customer and/or the Website visitor confirm that they have become acquainted with the Terms and agree with them without reservation.
9.3 The Provider shall be entitled to unilaterally change these Terms anytime.
9.4 These Terms shall enter in force upon their publication on the Website, i.e. on 01 July 2014. Update of the Terms (a change of company name and seat of the Provider) was published on the homepage on 01 July 2014.