Terms and Conditions and GDPR

1.1

These terms and conditions (hereinafter referred to as "terms and conditions") of the operator of the website www.WinningTipsters.cz (hereinafter referred to as "operator" or "seller") regulate in accordance with the provisions of Section 1751(1), Section 1746 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract (hereinafter referred to as "contract") concluded between the operator and a natural person (hereinafter referred to as "customer" or "buyer") via the operator's website. The websites are operated by the operator and are located at the internet address www.WinningTipsters.cz (hereinafter referred to as "website").

1.2

The subject of the operator's activity is the provision of services in the form of consulting in the field of verification of analyses of sports matches and tips on their results from external tipsters and verifiers, who provide their analyses of sports matches and tips to the operator's registered customers, at the price set for the individual service.

1.3

The provisions of the terms and conditions are an integral part of the concluded contract.

1.4

The wording of the terms and conditions may be amended or supplemented by the operator. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

2.1

Based on the registration made on the website, the customer can access their customer interface, the content of which depends on the type of purchased service. The customer account is fully active after the specified price of the specific membership is paid, i.e. after the specified price is credited to the operator's account. The individual types of services, including their content, prices and payment methods, are listed on the website for each service separately.

2.2

When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The data provided in the Customer Account must be updated by the buyer whenever there is any change. The data provided by the buyer in the Customer Account and when ordering goods are considered correct by the seller.

2.3

Access to the Customer Account is secured by the Customer's name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their Customer Account.

2.4

The buyer is not entitled to allow the use of the Customer Account by third parties.

2.5

The operator may withdraw from the contract and cancel the Customer Account in case the customer breaches their obligations arising from the contract and the terms and conditions.

2.6

The operator is entitled to refuse registration if the customer uses duplicate or incomplete data. The same entitlement applies to the registration of a person with whom the operator has terminated the contract due to its serious breach (especially misuse of the provided services).

2.7

Registration in this online store is only allowed for persons over 18 years of age who are fully competent within the meaning of the Civil Code.

2.8

The customer acknowledges that the Customer Account may not be available continuously, especially with regard to the necessary maintenance of the operator's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

3.1

The website contains information about the services, including the prices of individual services. The prices of services are stated including value-added tax and all related fees. Prices remain valid as long as they are displayed in the web interface of the store.

3.2

To order a service, an unregistered customer fills in a registration form to create a Customer Account, which they manage in the website interface, including the option to purchase individual services. A registered customer purchases a service within their Customer Account in the website interface.

3.3

Before sending an order for a specific service within the Customer Account in the website interface to the seller, the buyer can check and change the data they have entered into the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "buy" button. The data provided in the order are considered correct by the seller.

3.4

The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (confirmation), which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.

4.1

The price of services is paid before the service is provided and the customer can pay it to the operator in the following ways: 4.1.1. By bank transfer to the operator's account 4.1.2. Online payment according to the conditions of the payment gateway.

4.2

In the case of subscription membership and automatic renewal payments, by ticking the relevant box for agreeing to the terms and conditions, you also agree to recurring payments for this membership (i.e., automatic deductions from the payment card, known as recurring payments), for the duration of the membership.

4.2.1

By ticking the box for agreeing to the terms and conditions, you agree: • to the establishment and parameters of the recurring payment • to the storage of payment details by the PayU payment gateway. Payment details, i.e., mainly payment card numbers and other data entered during the payment process, are not shared with us by the said company, and we do not have access to them. Stripe handles payment card data according to the international security standard PCI-DSS Level 1. • payments for membership are deducted on the first day of the new membership period. • Membership is offered in various lengths of time. • In the case of a promotional offer for a discounted price for the first period (according to the current offer on the website www.WinningTipsters.cz), the subscription will automatically renew at the current price after the end of the promotional period. • By paying for the membership, you expressly acknowledge that you will not be notified that the discounted period is about to end or has ended, or that your paid membership without a discounted price has started.

4.3

The operator may set only some of these payment methods for certain provided services mentioned in paragraph 1. Such a determination will be indicated for each service, and the customer will be aware of it before purchasing.

4.4

If the operator ceases to offer a certain membership period, the customer will automatically be transferred to a weekly membership, with which the customer agrees.

5.1

By agreeing to these general terms and conditions in the order, the customer expresses their consent and expressly requests the operator to start providing services immediately after concluding the contract for the provision of services, i.e., before the statutory period for the consumer to withdraw from the contract within 14 days from the conclusion of the contract.

5.2

The customer is entitled to withdraw from the contract for the provision of services without giving any reason within 14 days from the conclusion of the contract, but only if the provided services have not yet been fulfilled. Fulfillment occurs at the moment the customer gains access to the purchased services through their customer account in the customer section, regardless of whether the provided services were used, i.e., whether they logged into their customer account, viewed the purchased service, etc.

5.3

If the customer withdraws from the contract for the provision of services and the operator, at the express request of the customer according to paragraph 1 of this article of the general terms and conditions, started providing the services before the expiry of the withdrawal period, the customer is obliged to pay the operator a proportionate part of the price of the services for the performance provided up to the moment of withdrawal from the contract.

5.4

The customer also expressly agrees that the services under these T&C may be fulfilled (delivered) before the statutory period of 14 days from the conclusion of the contract expires, and therefore understands that in such a case they are not entitled to withdraw from the contract in accordance with Section 1837 of the Civil Code.

5.5

The customer may withdraw from the contract 5 days before the end of the current billing period or free trial period. If the service is provided for a period shorter than 5 days, the customer may withdraw from the contract 12 hours before the end of the current billing period or free trial period. For the purpose of exercising the right to withdraw from the contract, the customer must inform the operator by means of a unilateral legal act.

6.1

The operator does not provide any warranty for its performance. The provided services are based on analyses and estimates of external tipsters and verifiers, whose future development is influenced by a number of factors that the operator cannot control.

6.2

The provided services are of an informative nature, and it is entirely up to the customer how they will use them.

6.3

The customer undertakes to use the obtained information only for their personal needs and will not further disseminate, make accessible or otherwise provide it to third parties, even for free. Similarly, the customer is not entitled to provide third parties with access data to their Customer Account. In case of violation of the obligations specified in this paragraph, the customer is obliged to pay the operator a contractual penalty of CZK 500,000 for each case.

6.4

In case of indecent behavior or expression of the customer on social networks or in communication or damaging the good name, the operator has the right to terminate the membership without compensation.

6.5

The Ministry of Finance warns: Participation in gambling can lead to addiction. The operator does not in any way encourage or recommend participation in gambling.

7.1

The contracting parties may deliver all written correspondence to each other via electronic mail.

7.2

The customer delivers correspondence to the operator at the email address listed in these terms and conditions. The operator delivers correspondence to the customer at the email address listed in their customer account.

8.1

The operator handles personal data in accordance with Act No. 110/2019 Coll., on the processing of personal data, and Regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR Regulation"). More detailed regulation can be found in the Principles of Processing and Protection of Personal Data.

8.2

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

8.3

The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.4

The seller is authorized to sell goods based on a trade license. Trade control is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, to a defined extent, compliance with Act No. 634/1992 Coll., on consumer protection.

9.1

Transaction complaints can only be filed together with the submission of the relevant documents by sending an email to info@WinningTipsters.cz. Complaints must be made immediately, but no later than within 48 hours. Late complaints will not be considered. In the case of a legitimate complaint, appropriate compensation for the customer will be decided.

9.2

All complaints will be handled as soon as possible, according to the order in which they were received, considering their complexity, but no later than 30 days from the receipt of the complaint.

9.3

A technical failure, technical fault, or other operational problem does not entitle the customer to any compensation unless WinningTipsters s.r.o. decides otherwise in a specific case.

9.4

WinningTipsters s.r.o. reserves the right to change the rules or conditions of service provision or to terminate them at any time without any compensation, especially if unexpected circumstances arise that could lead to the violation of pre-established rules for providing the service, but also without stating a reason, with effect from the date of publication on the website www.WinningTipsters.cz.

10.1

If the contractual relationship contains an international (foreign) element, the parties agree that the contractual relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

10.2

Relations and any disputes arising from the contractual relationship will be exclusively governed by Czech law and will be resolved by the competent courts of the Czech Republic.

10.3

If any provision of the terms and conditions is invalid or ineffective, or becomes such, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

10.4

The operator is not responsible for errors caused by third-party interventions in the online store or as a result of its use contrary to its purpose. The customer must not use procedures that could negatively affect its operation when using the online store and must not perform any activity that could allow unauthorized interference or unauthorized use of the software or other components forming the website and use the website or its parts or software in a manner that is contrary to its purpose or intent.

10.5

The customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

10.6

The contract, including the terms and conditions, is archived by the operator in electronic form and is not accessible.