GENERAL TERMS AND CONDITIONS
Of the company Unicorn Vysoká škola s.r.o. With its address at V Kapslovně 2767/2, Žižkov, 130 00 Praha 3 Company identification number: 27169511 Registered in the Business Register kept by the Municipal Court in Prague section C, file 101603 (hereafter as Provider)
1. Introductory provisions
- General terms and conditions (hereafter as GTC) of the Provider determine mutual rights and duties of contracting parties by virtue of or with regard to the agreement (hereafter as Agreement) concluded between the Provider and another natural or legal person via the Provider’s websites, namely unicornuniversity.net or redmonster.cz.
- The Client hereby acknowledges that GTC are binding for both contracting parties and follows GTC unless the contracting parties agree on a divergent agreement provision.
- Providing services, the Provider processes personal data in the manner and extent described in the principles of protection of personal data. The information is available at https://unicornuniversity.net/en/gdpr.
- By using our services, the Client is expressing an agreement with GTC. The Client is kindly requested to take time reading them.
2. Definition of terms
- Application
- Refers to the uuCourseKit Application, i.e. an online education application for designing courses aiming at motivating students towards education. It helps students study, review, practise, and test their acquired knowledge. The uuCourseKit Application may be used at schools, in businesses, for self-study and home education; and
- Refers to uuBookKit, too, i.e. an internet application for designing and viewing interactive books.
- Course
- Refers to a coherent education area (e.g. Czech language, year 1; Physics for housewives etc.). A course consists of blocks composed of topics that comprise classes containing questions.
- Training
- Refers to training, alternatively an on-site course, educating more persons on a given topic led by a lecturer. The content and extent of training and its potential accompanying services are specified in the Training details.
- Training requires the presence of a given minimum of participants. Upon successful completion, a participant receives a certificate for passing the training certifying their knowledge acquired in the Training in the training centre. Training always starts at 9:00 and ends at 17:00, including a lunch break. The training details include the particular timetable.
- Book
- Refers to an interactive online book created within the uuBookKit application, serving for education on a given topic. Books consist of individual chapters.
- Price
- Refers to an interactive online book created within the uuBookKit application, serving for education on a given topic. Books consist of individual chapters.
- Plus4U Service
- Refers to the modern internet service for information system operation on the Unicorn Universe platform run by the Plus4U Net a.s. company, with its address at V Kapslovně 2767/2, 13000, Prague 3, company identification No. 283 83 559. The Application runs in the Service. Providing the Plus4U Service follows the terms of use as stated at https://www.plus4u.net/plus4u/terms (hereafter as Plus4U).
- Agreement
- Refers to the agreement concluded between the Provider and the Client following GTC. The Agreement contains the registration/order form and GTC.
- The Client
- Refers either to a natural person who does not act within their enterprise or business activity or freelance activity when concluding and fulfilling the Agreement; or a natural or legal person who acts within their enterprise or business activity or freelance activity when concluding and fulfilling the Agreement. Such a person has bought a Course, Training or Book regardless of the fact whether the person is a registered user of Plus4U or not.
- Product
- Refers to any Book, Course, or Training unless stated otherwise.
- +4U Helpdesk
- hereafter as Helpdesk) refers to the contact point of the Provider for reporting deficiencies, requests or complaints. Helpdesk may be contacted by means of various channels specified at the +4U Helpdesk (VPH-BT:PLUS4UHELPDESK) and by means of the www.plus4u.net website.
- Activity
- Refers to the basic means of communication in Plus4U. Activities allow for assigning tasks, informing other users, or planning one’s own activities with regard to an Artefact.
3. Conditions for concluding the Agreement and using the Product
- If a Client is a registered user of Plus4U, the Client agrees to GTC by checking the relevant box when ordering a Product in order to conclude the Agreement. Subsequently, the Client receives an email by the Provider confirming the order. The Agreement is concluded at the moment of confirmation by means of the email or at the moment of granting the Client access to the Product, depending on which of the two actions happened first.
- If a Client is not a registered user of Plus4U, the Client enters the data required for registration (name, email etc.), agrees to GTC and the terms and conditions of Plus4U by checking the relevant box in order to conclude the Agreement. Subsequently, the Client receives an email by the Provider confirming the registration and order. The Agreement is concluded at the moment of confirmation of the registration and order by email, or at the moment of the Client account activation in Plus4U, or at the moment of granting the Client access to the Product.
- A client shall provide correct and complete data necessary to conclude the Agreement, i.e. mainly personal and identification data. The Client is responsible for potential damage arising from entering incorrect or false data.
- If the Client submits incorrect, incomplete or misguiding information or data to the Provider, the Provider has the right not to conclude the Agreement. If the Agreement has already been concluded although the Client submitted incorrect, incomplete or misguiding information or data to the Provider, the Provider has the right to terminate the contract. The effectiveness of the termination follows Art. 12 of GTC.
- Moreover, the Provider has the right not to conclude the Agreement if – by checking the Client’s payment history – the Provider discovers facts that may lay reasonable ground to assume that the Client would not fulfil payment obligations in time and properly (e.g. not fulfilling obligations towards Plus4U Net a.s. or third parties). Moreover, the Provider has the right not to conclude the Agreement if the Client fails to meet other requirements (e.g. not paying the required deposit) and if insolvency or enforcement proceeding against the Client is or has been initiated in the last three years.
- The Provider informs the Client of the fact that the Agreement was not concluded without unnecessary delay.
4. Price and payment for Product
- The Client is obligated to pay the Price for the Product. The Price is available with each Product individually and may be unilaterally altered by the Provider.
- The Price for the Product shall be paid by means of the +4U Fair Pay payment system. The operator of the payment system is the Plus4U Fair Pay a.s. company, business identification No. 02508486, with its address at V Kapslovně 2767/2, Prague 3, providing payment services by virtue of a licence to provide small scale payment services, provided by the Czech National Bank. The Plus4U Fair Pay a.s. company opens a virtual account in the Client’s name in Plus4U for this purpose upon the first order of goods or services. Subsequently, the account shall record payments for purchasing goods and services. The Plus4U Fair Pay a.s. company serves as the payee and the unit of account, and is fully responsible for the realization of the payments, pursuant to terms and conditions available at www.plus4u.net/fair-pay/en/terms.
- Payments by card and online bank transfers for the company are provided by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
Email: payment-support@comgate.cz
Tel: +420 228 224 267- Payment by card - The customer enters the card number, validity date and CVC code into the ComGate payment gateway interface - three numbers, which he will find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code, which you will receive by SMS from your bank.
- Payment by online bank transfer - Immediate payment via internet banking. The ComGate payment gateway redirects the customer to his internet banking, where he logs in as usual and confirms a payment order that has already been prepared.
- Payment by card - The customer enters the card number, validity date and CVC code into the ComGate payment gateway interface - three numbers, which he will find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code, which you will receive by SMS from your bank.
- Other offered payment methods for the company are provided directly by Plus4U Fair Pay a.s.
- Payments by card and online bank transfers for the company are provided by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
- In the case of Training, the invoice shall be sent to the Client upon successful completion of the Training.
5. Access to Product
- Access to a Course is provided to the Client for the period specified in Course details from the moment when the Client was granted access to the Course.
- The Provider recommends meeting the following technical requirements for trouble-free access to a Course or Book (esp. if a video or mp3 recording is part of the Course):
- Internet connection speed at least 256 kb/s for sending and receiving data
- The Chrome, Firefox or Safari web browser
- JavaScript and cookies allowed
- Appropriate hardware devices at the CPU and RAM level
- The Client is granted the access to a Book for unlimited time from the moment of granting the Client access to the Book.
- Access to materials for Training is specified with individual courses. Materials may be provided in a hard or electronic copy at the Provider’s discretion.
6. Complaint
- The client is entitled to familiarize with the focus and quality of the Provider’s Training on the Provider’s website, among others, prior to an order. Therefore, the Client is not entitled to claim a refund for the Training after participating in the Training for subjective unsuitability of the Training.
- The Client is entitled to file a complaint for the provided Training for the following reasons:
- The manner of the lecturer’s teaching
- The methodological content of the event
- The organization of the Training
- Deficiencies of a Book or Course shall be reported without unnecessary delay, as soon as they are discovered, no later than 6 months after getting access to the Book or Product. Otherwise, the right of liability for defects of a Book or Course shall expire and the Client shall not be granted the right. This does not apply if the defect is a consequence of a fact that the Provider must have known at the time of delivery. The period for granting the right is extended for the period of potential previously recognized complaints.
- The Client submits a complaint immediately upon discovering the subject of the complaint by email to education@unicorn.com.
- The complaint shall include:
- Contact details (company identification number, name of company, registered address, potentially contact address).
- Name and surname of the participant or person dealing with the complaint on behalf of the Client, including the phone number and email address.
- Product identification – date of purchase or event, name, potentially the invoice number.
- Description – reason for the complaint.
- If the document sent by the Client to the Provider does not contain the items listed above, required for proper complaint submission, the document shall not be accepted for processing.
- The Provider shall process the complaint within 30 days of receiving the complaint from the Client unless the Provider and the Client agree otherwise. The date of reception refers to the date when the complaint was delivered to the education@unicorn.com email address.
In the complaint, the Client has the option to claim removing the deficiency if removable, getting an adequate discount from the Price of the Product, or withdrawing from the Agreement if the deficiency is irremovable. The options depend on the type of deficiency and follow the generally binding legislation, mainly Act No.634/1992, Col., On Consumer Protection as amended and Act No.89/2012, Col., Civil Code as amended (hereafter as the Civil Code).
7. Client’s rights and obligations
- The Client has the right to:
- Use Products the use of which was agreed on with the Provider by means of the Agreement appropriately in compliance with the Agreement and potential supplemented agreements with the Provider and GTC.
- Use the Product in the Application within the range of its available functionality and in line with the Provider’s instructions.
- Report deficiencies in the Product to the Provider by means of the Helpdesk or Application. The Provider guarantees accepting such reports.
- The Client and Provider shall provide cooperation to each other necessary for proper functioning and providing of the Product.
- The Client shall not remove or change any trademark, name of the Provider or other names from the documents or other output generated in the Product.
- The Client shall not use the Product contrary to its purpose or in a manner that might disrupt its functioning or security. The Client shall not impersonate another person.
- The Client shall not use the Product for sending business messages or spam, illegal, obscene, threatening or otherwise inappropriate content, for violating the rights of the Provider or third parties, or otherwise contrary to the purpose of the Product.
- The Client shall keep their credentials secret and bear full responsibility for activities carried out via their credentials. If the Client discovers that the credentials were abused by a third person, the Client shall report the fact to the Provider immediately. The Provider is not responsible for any damage caused by the loss or abuse of credentials.
- The Client has the right to use the access to the Product and the information contained in the Product properly and in line with GTC.
8. Provider’s rights and obligations
- The Provider shall enable the Client to use the Product pursuant to the Agreement.
- The Provider has the right to extend or alter the functionality of the Product, introduce new software modules, deploy new application versions etc., within development or corrections. Information on the changes in the provided extent or quality of the Product shall be published.
- The Provider has the right to terminate or indefinitely interrupt providing services, i.e. Products or its parts, at any time, especially in the following cases:
- To carry out measures or decisions of state authorities (e.g. the state of crisis, legislative measures);
- For technical or operational errors;
- For maintenance, fixing errors or deploying new versions;
- At the moment of exceeding financial or volume limits set for individual services;
- For justified suspicion that a third party is / will be abusing the provided Product or is / will be using the Product contrary to GTC or applicable Czech legislation and that third parties may be harmed. The Provider shall inform the Client of the termination or interruption and the reasons thereof.
- The Provider reserves the right to cancel the Training two work days before the event at the latest for reasons outside the scope of the Provider’s influence (e.g. the lecturer’s illness, restrictions on the supply of services). The Provider reserves the right to cancel the Training due to non-fulfilment of the minimum number of participants. The Client shall be informed of the cancellation of the Training. The Training order shall be automatically transferred to the date of the earliest vacant Training or money shall be refunded. The Client shall be informed thereof without unnecessary delay.
- The Provider has the right to secure the Provider’s legitimate interest if necessary and to change the security settings of the services if it is to the benefit of the Client. The Provider shall inform the Client of the fact immediately.
- The Provider has the right to place ads and offers within providing the Product in designated places.
9. Communication
- Communication between the Client and the Provider takes place solely by means of Plus4U. The Provider has the right to send all communication and notifications to the Client in Plus4U. All notifications sent to the Client are considered delivered at the time of creating an Activity in Plus4U. The Client shall check the notifications in Plus4U regularly.
- The Client acknowledges that Plus4U enables sending notification emails. The Client sets sending such emails individually by means of Plus4U. The emails do not represent commercial communication pursuant to Act No.480/2004 Col. The emails merely summarize Activities in Plus4U with regard to the Client.
10. Warranty and liability
- The Provider backs up securely the data stored in the Applications in which Products are created. The Provider’s goal is to protect and maintain the data. Nevertheless, the Provider cannot secure within GTC absolute flawlessness of the Product in the long term.
- The Provider bears no responsibility over damage caused by interruption of operation or a technical outage of Plus4U, the Product or any other interruption or restriction on the provision of services unless damage is caused to a person's natural rights, caused by the Provider intentionally or through gross negligence.
- In the event of termination or suspension of the operation of the Product by the Provider, or in the event of cancellation of the Client’s account, the Client is not entitled to any compensation or sanction.
- The Client expressly acknowledges that the Provider is not liable for:
- any error or damage caused by the Client providing or allowing access to the stored information to another person within the Product,
- loss of data,
- any damage caused by the use of the Product – all risks are borne by the Client.
- In the event of liability on the part of the Provider, the Provider is liable to the Customer up to the amount of 10.000 CZK.
- The Provider is not liable for any fault or damage caused by the Client providing his access data within the Product to another person.
- The Provider is not liable for the Client’s internet connection quality. The Client ensures the connection according to the Client’s own choice, in the Clients own name and at the Client’s own expense.
- The Provider is not liable for any loss or damage arising from any change that the Provider may carry out within operational maintenance, fixing errors or deploying a new version of the Product or from deleting, damaging or not storing any content when using the Product. The Provider does not guarantee that errors or functionalities of the Product shall be fixed or any deadline for fixing errors.
- The Provider and Client are obligated to inform each other of any facts potentially important for proper use of the Product. The Provider is not liable for damage arising from:
- The Client’s negligence, unprofessional treatment or failure to meet the obligations by virtue of the Agreement,
- Errors demonstrably arising from the operation of computer viruses.
11. Copyright
- Product is an author’s work within the meaning of Act No.121/200 Col. On Copyright, Rights Related to Copyright and amending other laws as amended (hereafter as Copyright Law). Product ownership rights pursuant to the Copyright Law and international deals on copyright enclosed by the Czech Republic belong to the Provider.
- The Provider hereby grants the Client a personal, non-transferable, non-exclusive licence to use the Product, for a period limited according to the access to the Product.
- GTC do not grant any rights to the Client with regard to the Provider’s copyright. The content that includes the Provider’s copyright shall not be interfered with in order to alter, remove or otherwise use the content without authorisation.
- Information included in Plus4U or acquired by means of Products shall be used only pursuant to the purpose of the Agreement and GTC. Any other use of Products, mainly spreading for profit and further processing, including changes and copying, is prohibited. The full content of Products is protected pursuant to the legislation regarding the rights of intellectual property. The complete content of Products is the Provider’s property or property of those who provided the Product Provider with a licence to such content.
- The Client acknowledges that material output from the Training are work pursuant to Copyright Law and are subject to protection by means of the Copyright Law. The Provider hereby grants the Client non-exclusive licence to the outputs, limited by time and location. The Client is mainly not entitled to use such output in any other way than for personal use, i.e. the Client shall not further spread, sell, lease, disclose in public or provide the output to any third party.
- It is prohibited during the Training to record any sound or image of the Training without expressed consent of the lecturer. It is prohibited to further spread, give access to or provide the recordings to third parties for payment or for free.
12. Termination of Agreement and access to the Product
- The Agreement shall be concluded for a fixed period as specified in the Product description (typically 1 year).
- The Provider has the right to terminate the Agreement with immediate effect if the Client violated or is violating GTC severely or if the Client inflicts damage to the Product. The Provider reserves the right in such cases to send the termination notice by means of an Activity in Plus4U.
- Termination of Agreement leads to terminating the Client’s account. The Client’s user account established for the general use of Plus4U remains activated. The Client may use other products or services in Plus4U in line with their specific terms of use.
- The Client does not have the right according to § 1829, par. 1 of the Civil Code as amended to withdraw from the Agreement without giving a reason within 14 days of concluding the Agreement due to the fact that the Agreement concerns digital goods pursuant to § 1837, letter l) of Civil Code as amended that was not provided on a material carrier and was provided within the period for withdrawing from Agreement as stated above.
- The Client hereby agrees with getting access to the Product upon concluding the Agreement before the 14-day period for withdrawing from the Agreement expires. By getting access, the Client acknowledges the loss of the right to withdraw from the Agreement.
- The Provider has the right to terminate the Agreement with immediate effect if any of the following cases apply:
- The Client severely violated GTC,
- The Client damaged the Product.
The termination of the Agreement in such a case is valid on the date of sending the termination notification by email or by means of an Activity in Plus4U.
- Termination of Agreement leads to terminating the Client account. The Client’s user account established for the general use of Plus4U remains activated. The Client may use other products or services in Plus4U in line with their specific terms of use.
- If Agreement on ordered Training is terminated, the following procedure applies:
- If the Agreement is terminated less than 7 work days before the beginning of the Training, a cancellation fee of 50% of the Training Price is imposed.
- If the Agreement is terminated less than 2 work days before the beginning of the Training, a cancellation fee of 100% of the Training price is imposed.
- In the event of nonattendance in the ordered Training, the amount of the fee is 100% of the Training Price.
13. Processing Client’s personal data
- The Provider declares that the provided Client’s personal data shall be processed pursuant to the EU Regulation 2016/679 (hereafter as GDPR), mainly to continuously ensure confidentiality, integrity, availability and resilience of processing services by implementing appropriate technical-organizational measures, and pursuant to the Principles of processing personal data as specified in Art.1, par. 3 of the GTC.
- The Provider declares that the Provider does not collect any other personal data beside the data provided by the Client, i.e. name, surname, email.
- Providing one’s personal data is voluntary for persons intending to conclude an Agreement with the Provider in the extent required by the Provider. However, the Provider requires the personal data for concluding the Agreement and access to Products.
- The Client has the right to acquire information from the Provider on processing of the Client’s personal data, mainly the purpose of processing, categories of personal data, recipients of the Client’s personal data, and the planned period for storing the Client’s personal data.
- Moreover, the Client has the right to request rectification or deletion of the Client’s personal data from the Provider or limiting their processing, or the right to object to the processing.
- The Client has the right to file a complaint with the Office for Personal Data Protection.
14. Potential changes in GTC
- The Provider has the right to supplement or amend GTC unilaterally. The Provider shall inform Clients by email or Activity in Plus4U. The Client has the right to terminate the Agreement with immediate effect within 30 days of the announcement of GTC changes. Not doing so is considered as agreement with GTC changes. Subsequently, the Client shall follow the new GTC.
- The Client is recommended to check the current wording of GTC regularly.
15. Common and final provisions
- The contractual relationship between the Client and Provider follows the legislation of the Czech Republic. Potential disputes shall be solved by Czech ordinary courts. If the disputing parties are both enterprises, the locally competent court shall be appointed according to the registered address of the Provider.
- If GTC is used on behalf of a company, the company agrees to the GTC.
- If a provision in GTC proves or becomes invalid or ineffective, the fact does not impact the validity or effect of other provisions. The contracting parties undertake to replace such a provision with a provision closest in its sense and purpose to the original one, without unnecessary delay.
- The Client confirms before concluding the Agreement that all pre-agreement information was disclosed to the Client, that the Client got acquainted with GTC sufficiently in advance before concluding the Agreement, that the content of GTC is fully understandable and specific and that individual rights and duties arising from the contractual relationship are clear.
- GTC take effect on 10. 12. 2020