TERMS AND CONDITIONS

of Gerardo Robledillo Gomez, with registered office at Šumavská 1081/10, 120 00, Praha 2 – Vinohrady, Organization ID No.: 74710761 (hereinafter as the "Provider") governing the provision of Services via the website www.expatistan.com (hereinafter as the "Website") to the third party (hereinafter as the "User"; the Provider and the User together as the "Parties") and related rights and obligations (hereinafter as the "Terms and Conditions").

  • 1. SUBJECT MATTER OF THE TERMS AND CONDITIONS
    • 1.1. These Terms and Conditions regulate in compliance with Section 1751 subsection 1 of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter as the "Civil Code") mutual rights and obligations in connection with providing following Services to the Users via the Provider’s Website:
      • 1.1.1. comparison of cost of living in different cities and locations provided free of charge (hereinafter as the "Cost of living"),
      • 1.1.2. salary adjustment calculations based on cost of living difference in different cities and locations offered for a payment (hereinafter as the "Salary Calculation")
      • (hereinafter as the "Services").
    • 1.2. These Terms and Conditions apply in situations when the User is both natural or legal person acting in the area of their business or independent practice of their profession (i.e. as entrepreneurs) and natural person who is acting as a consumer (acts outside its business activity or independent profession) (hereinafter as the "Consumer").
    • 1.3. These Terms and Conditions are an integral part of the contractual relationship since the beginning of the contractual process between the Parties and apply for providing the Services both for payment or free of charge. By using the Website, you accept these Terms and Conditions without any exceptions. If you disagree with any part, you must not use the Website.
  • 2. REGISTRATION
    • 2.1. The Services can be used without creating an account on the Website.
    • 2.2. The User can register and create an account on the Website. By creating an Account the User agrees with these Terms and Conditions.
    • 2.3. The User is responsible for damage resulting from inadequate protection of its logging data. In the event of suspected disclosure or misuse, it is in the User’s own interest to change its logging data as soon as possible.
    • 2.4. The Provider is not responsible for:
      • 2.4.1. any activity in connection with the User’s account,
      • 2.4.2. any damage resulting from unauthorized access to the User’s account, or
      • 2.4.3. for temporary unavailability of the User’s account.
  • 3. AGREEMENT
    • 3.1. An agreement on the purchase of digital goods in form of the Salary Calculation is concluded between the Parties by:
      • 3.1.1. entering an e-mail address,
      • 3.1.2. choosing a preferred payment method,
      • 3.1.3. by clicking the box "I understand and agree to the Terms and Conditions of this purchase", and
      • 3.1.4. by clicking on the box "Buy your calculation - $50 USD"
      • (hereinafter as the "Agreement").
    • 3.2. The Agreement can be concluded only in English.
    • 3.4. Before concluding the Agreement, the User is obliged to provide true and correct information in the Agreement. The Provider considers the information in the Agreement to be true and correct.
    • 3.5. In case of providing an incorrect e-mail address there is no right of the User to require sending the Salary Calculation to a different e-mail address.
  • 4. PRICE AND PAYMENT CONDITIONS
    • 4.1. The Provider offers the Salary Calculation for a payment of USD 50 with VAT and any additional fees included (hereinafter as the "Price").
    • 4.2. After payment is done via the preferred payment method, the Salary Calculation will be delivered at the e-mail address provided in the Agreement.
    • 4.3. The User acknowledges that he has no right to withdraw from the Agreement under Section 1829 of the Civil Code, as the Salary Calculation has been provided with his explicit consent prior to the expiration of the 14-day withdrawal period of the Agreement according to Section 1837 subsection l) of the Civil Code.
  • 5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
    • 5.1. The Website and the Services includes work, that is protected as a copyrighted work by the Act no. 121/2000 Sb., the Copyright Act, as amended (hereinafter as the "Copyrighted Work").
    • 5.2. The User is not entitled to use or interfere anyhow with the Services except the License referred to in article 6.
    • 5.3. The User is aware that the rights to the database available on the Website belongs to the Provider as the database maker and is protected under relevant legislation. Infringing rights to the database (copying its content, abuse of the data, publishing via own sites etc. contrary to law) constitutes Provider’s right e.g. to seek remedy and claim damages.
    • 5.4. In the event the Provider provides in performance or in connection with the Services a product (or performance) that is not a Copyrighted Work but fulfils the characteristics of any of the other intangible goods protected by law, the legal relations between the Provider and the Client resulting therefrom shall be governed by the principles set out in these Terms and Conditions.
  • 6. LICENSE
    • 6.1. The Provider, within the Services, grants a license to the User to use the Services in a limited scope (hereinafter as the "License").
    • 6.2. The License is granted:
      • 6.2.1. as non-exclusive,
      • 6.2.2. free of charge in case of the Cost of Living,
      • 6.2.3. for the Price in case of the Salary Calculation,
      • 6.2.4. solely for personal and not commercial purposes only in accordance with these Terms and Conditions, and only in the appropriate manner,
      • 6.2.5. for a period of maximum one year,
      • 6.2.6. worldwide.
    • 6.3. The User is not entitled to grant a sublicense to the Services or any part thereof to third parties or assign the License to third parties.
    • 6.4. In accordance with the purpose of the Licence the User is not entitled to, in particular:
      • 6.4.1. interfere with or modify the Services in any way,
      • 6.4.2. reproduce, distribute, display, publish or otherwise use the Services or any part thereof, or any information received in connection with the Services, including republication on another website,
      • 6.4.3. link it to another work,
      • 6.4.4. include it in a collective work,
      • 6.4.5. complete the unfinished Services (even by a third party).
    • 6.5. The provisions for the use of the Services shall apply similarly to other intangible property made available by the Provider within the Service (particularly graphics, trademarks, etc.).
  • 7. RIGHTS AND OBLIGATIONS OF THE USER
    • 7.1. The User undertakes to use the Services solely in accordance with the legal regulations and these Terms and Conditions. The User is not entitled to use the Services for any other purpose or in any manner other than those set forth in these Terms and Conditions.
    • 7.2. Most importantly, the User hereby undertakes that he will not:
      • 7.2.1. within the use of the Services or as a result of the use of the Services, interfere with the rights of third parties or the Provider,
      • 7.2.2. interfere with the Services unjustifiably,
      • 7.2.3. use the Services in a way that could damage it (including interference with the Website),
      • 7.2.4. attempt to decompile or reverse engineer the Website or the Services,
      • 7.2.5. conduct any systematic or automated data collection activities (including without limitation scraping, crawling, data mining, data extraction and data harvesting) on or in relation to the Website.
    • 7.3. The User may contact the Provider via the e-mail address gerardo@expatistan.com to request a correction or a refund for the Salary Calculation in case of, for example, evident errors or malfunctions of the Services. However without any right for the refund. The Provider will evaluate individually all requests for a refund.
    • 7.4. The Users are entitled to submit new entries to the database of prices which are used to provide the Services. The Users are obliged to enter the data that to the best of their knowledge are accurate. The Provider is not obliged to check the correctness and accuracy of these data provided by the Users.
  • 8. RIGHTS AND OBLIGATIONS OF THE PROVIDER
    • 8.1. The Provider undertakes to make reasonable efforts to make the Website and the Services available, operational and correct. However, the User is aware that despite this effort, the Services and the Website may not always be fully available especially due to the necessary maintenance of the Provider’s hardware and software equipment or necessary maintenance of hardware and software of third parties.
    • 8.2. The Provider is not responsible for any damage caused to the User due to the unavailability or malfunction of the Services or the Website.
    • 8.3. The Provider may, at any time, without prior notice, change the Website’s content and the Services, to add or remove the functions of the Services, the Website and its components.
    • 8.4. The Provider is not obliged:
      • 8.4.1. to oversee and/or monitor the data, prices of items and content stored on the Website, or
      • 8.4.2. to actively search for facts and circumstances pointing to illegal content.
  • 9. WARRANTY
    • 9.1. The Services contains information about cost of living. The information contained therein is not an advice and should not be treated as such. The Provider does not express any opinion or any other form of assurance with respect to any information contained in the Services.
    • 9.2. You must not rely on the information contained in the Services as an alternative to relocation advice from an appropriately qualified professional. You hereby acknowledge that items of possible interest to you may not have been specifically addressed by or in the Services. If you have any specific questions about any relocation matter you shall consult an appropriately qualified professional.
    • 9.3. Although the Provider seeks to provide the reputable Services that are accurate, the Provider provides no representation, warranty or guarantee:
      • 9.3.1. of the Services’ accuracy, correctness, completeness, truthfulness and timeliness,
      • 9.3.2. of the accuracy, correctness, completeness, truthfulness and timeliness of the Website’s data or any items of information contained therein which may be modified by the Users,
      • 9.3.3. that the use of the Services will lead to any particular outcome or result.
  • 10. LIABILITY
    • 10.1. To the maximum extent allowed by Czech or international law, the Provider will not be liable for any damages incurred by the User in connection with the use of the Services or the Website.
    • 10.2. In particular, the Provider is not obliged to compensate the User for any pecuniary or non-pecuniary damage incurred:
      • 10.2.1. as a result of the inability to use the Services or the Website,
      • 10.2.2. by changing these Terms and Conditions,
      • 10.2.3. by loss, theft, disclosure, or misuse of the User’s logging data,
      • 10.2.4. due to the use of the Services in violation of these Terms and Conditions or the legal regulations of the Czech Republic,
      • 10.2.5. as a result of the use of a service or product provided by a third party,
      • 10.2.6. independently of the Provider's will,
      • 10.2.7. out of any event or events, including without limitation loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    • 10.3. The User waives all claims for defects resulting from the use of the Services to the extent allowed by the Czech and international law. The User waives all warranties, to the fullest extent permitted by the Czech and international law.
    • 10.4. The User is liable to the Provider for any pecuniary or non-pecuniary damage in terms of violation of any of the provision of the Agreement and/or these Terms and Conditions (e.g. infringing intellectual property rights). In case the User violates any provision of the Agreement and/or these Terms and Conditions, the User will reimburse the Provider for damages and lost profits in full in money, as well as any costs caused by this violation, in particular legal costs, travel costs or any other costs.
    • 10.5. If, after all, should the Provider be liable to the User for any damages, his liability is limited to the maximum amount of the Price paid by the User.
  • 11. DATA PROTECTION
    • 11.1. The User is aware that any personal data may be processed within the provision of the Services. All information on the processing of personal data by the Provider is provided in a separate document "Privacy Policy and Information on Data Processing" available on the Website.
  • 12. APPLICABLE LAW
    • 12.1. The Agreement and these Terms and Conditions are governed by the laws of the Czech Republic.
    • 12.2. Any disputes between the Provider and the User arising out of or in connection with the Services and, as well as disputes relating to the alleged invalidity, nullity, or ineffectiveness of the Agreement, shall be decided by the courts of the Czech Republic with local competence according to the Provider’s registered office.
    • 12.3. The parties agree that the court of the Provider shall be the competent court for the resolution of all disputes arising out of or relating to the Agreement and/or the Services, even if the User is the plaintiff in the proceedings.
    • 12.4. This article does not affect the Consumers’ rights resulting from generally binding legislation.
  • 13. CONSUMER DISPUTES
    • 13.1. In the event that dispute arises between the Consumer and the Provider, which cannot be resolved by mutual agreement, the User - consumer may submit a proposal for extrajudicial settlement of such a dispute to the designated consumer dispute resolution body, which is:
      • 13.1.1. Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID no.: 000 20 869, website address http://www.coi.cz. Platform for resolving the disputes online located on the website address http://ec.europa.eu/consumers/odr may be used when resolving the disputes between the Parties.
      • 13.1.2. In the case of the international element the European consumer centre for Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, website address: http://www.evropskyspotrebitel.cz, according to Regulation of European Parliament and of the Council of the European Union No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and directive No. 2009/22/EC (regulation on consumer ODR).
  • 14. FINAL PROVISIONS
    • 14.1. The Agreement or any other contract in connection with the Services are not archived by the provider in electronic form.
    • 14.2. The Provider is not bound by any business codes binding entrepreneurs as stated in § 1826 subsec. 1, par. e) of the Civil Code.
    • 14.3. In the event that Provider and User agree in writing to different terms from these Terms and Conditions, in the event of a conflict, the different terms shall prevail over these Terms and Conditions.
    • 14.4. The User agrees that the Provider has the right to assign rights arising out of the Agreement and these Terms and Conditions to a third party or any part thereof. The User may not transfer, assign, pledge or otherwise burden its claims against the Provider without the Provider’s written consent.
    • 14.5. If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, a provision which is the closest to the purpose of such invalid or ineffective provision will be used instead. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Amendments and additions to the Terms and Conditions require a written form.
    • 14.6. The Provider is entitled to update these Terms and Conditions at any time. This update will be published always on the Website.
    • 14.7. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions is not effective anymore. The User has the right to reject the proposed addition or changes of the Terms and Conditions.
    • 14.8. The Terms and Conditions become valid and effective on the date 12th September 2022.

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