TERMS OF SERVICE AGREEMENT

General Terms and Conditions of EF1 marketing & management s.r.o.

  1. General provisions and interpretation of terms 
  1. These General Terms and Conditions (hereinafter referred to as “GTC”) of EF1 marketing & management s.r.o., IČO: 24284602, with its registered office at Dobrovského 664/10, 612 00 Brno, registered in the Commercial Register maintained by the Municipal Court in Brno (hereinafter referred to as the “Seller” or also as the “Provider”) regulate the mutual rights and obligations arising from the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another person (hereinafter referred to as the “Buyer” or also as the “User”) via the Seller’s online shop. The online shop is operated by the Seller on the website located at the internet address www.nowork.ai.
  1. The Buyer may be a businessman or a consumer. 
  1. A consumer is any person who enters into a contract with the Seller or otherwise deals with the Seller outside the scope of his business activity or outside the scope of his independent exercise of his profession. 
  1. An entrepreneur is a person who independently carries on a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a continuous basis for profit. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the course of his own professional activity, or who acts in the name or on behalf of an entrepreneur, shall also be deemed to be an entrepreneur within the meaning of these GTC. 
  1. Goods – goods within the meaning of these GTC may be: 

– electronic book – the digital equivalent of a printed book, it is an intangible good of digital content (hereinafter referred to as “e-book”); 

– downloadable audiobook – an audio recording of a work or performance made available to the buyer in an internet environment, labelled in the seller’s offer “audio mp3 download” (hereinafter referred to as “audiobook”); 

– a package, which means a set of tangible goods or electronic content (e-books, audiobooks), i.e. intangible content, offered in an indivisible aggregate offer for the total price of the package (hereinafter referred to as the ‘package’);

– online course – an educational programme provided via the internet which is made available to the purchaser remotely for the purpose of self-education. It is an intangible digital content good and may include videos, textual material and various interactive elements; 

– online webinar – a live broadcast lecture (or recording) available online, it is an intangible digital content good usually in the form of a video

– online workshop – A practical online course aimed at acquiring or improving skills in a specific area, an intangible digital content good usually in the form of a video

  1. In these General Terms and Conditions, the NTC is an abbreviation used to refer to Act No. 89/2012 Coll., the Civil Code, as amended. 
  1. By sending an order to the Seller, the Buyer confirms that he/she has read the contents of the GTC and considers their contents to be clear and understandable. These GTC are an integral part of the purchase contract. 
  1. The provisions of the GTC are drawn up in the Czech language. 
  1. The Seller may change or supplement the wording of the GTC. 
  1. Intangible goods (e-books, audiobooks, online courses, online webinars, online workshops) 
  1. This part of the GTC regulates the mutual rights and obligations between the Seller as a service provider and the Buyer as a user, which are related to the provision and use of digital content in intangible form obtained by purchasing on the website www.drimalka.com and which have arisen on the basis of the purchase contract. 
  1. The User may only be a legal or natural person capable of legal action who has indicated the requested digital content in intangible form and completed all the data specified in the order form located on the Seller’s website www.drimalka.com. 
  1. A service means the provision of the content of intangible goods of digital content, so-called “e-book”, so-called “audiobook”, online course, online webinar and online workshop by the service provider to users for their personal use, via the Internet or other electronic means, and the provision of rights and services related thereto within the scope of these GTC. 
  1. E-book, audiobook, online course, online webinar and online workshop are specified above in the general provisions and interpretations of terms of these GTC. 
  1. The Service Provider offers and provides the Service on the website www.nowork.ai (the “Website”), which it operates. 
  1. The User is entitled to use the Provider’s digital content services listed on the Website according to the order form registered in his name. 
  1. User access 
  2. The user’s access will be granted to the buyer through the web page after the successful payment where the user will receive a link to download the selected intangible goods. 
  1. The website may indicate a specific date on which the digital content will be made available. In this case, the digital content will be made available to the buyer in a single instance on the day so announced in advance.
  1. The website may state that the digital content will be made available in phases, in parts. In this case, the first part (module) of the digital content will be made available at the time specified in the preceding paragraphs and the other parts (modules) will be made available sequentially according to the pre-announced schedule.
  1. The digital content may indicate on the website the period of time for which the buyer will have access to it. In such a case, the digital content shall be accessible to the buyer for the period of time so notified in advance, but for a maximum period of 2 years. If the nature of the digital content (e.g. an e-book or audiobook) allows it, the buyer may use it for an unlimited period of time after downloading.
  1. The digital content is provided to the buyer in the latest version available at the time of conclusion of the contract. The Seller does not provide any updates to the digital content beyond its legal obligations.
  1. The Seller will only provide updates that are necessary to keep the Digital Content free from defects for the duration of the Contract or (in the case of Digital Content made available on a one-off basis for an indefinite period) to keep it free from defects for as long as the Buyer can reasonably expect. In such a case, the seller shall notify the buyer that an update is available, how the buyer may carry out the update and that if the buyer fails to carry out the update, the buyer shall have no rights in respect of any defect arising solely as a result of the failure to carry out the update.
  1. The Digital Content requires hardware and software to be fully functional, enabling the opening and manipulation of documents, e.g. in pdf format, and the playback of audio and video files, and an internet connection with sufficient connection speed and a functional email inbox maintained in a state capable of receiving messages (“Digital Environment”). The Buyer is responsible for the connection of the Digital Content to the Digital Environment. The Digital Content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The website may be updated without prior notice.
  1. Downloading e-books, audiobooks and online courses
  2. Download of an e-book, audiobook or online course means the making of a reproduction of a work in electronic form for a fee, following an order in accordance with the license granted for a specific work. 
  1. The user acknowledges that the reading of e-books is subject to the existence of specific software and hardware. The Service Provider is not responsible for the impossibility of downloading the work due to insufficient technical and software equipment of the User to download it. 
  1. The user acknowledges and undertakes to respect the fact that the e-books offered by the service provider are unencrypted with watermarking. Any interference or mere attempt to interfere with these or similar protections shall be considered a violation of the law by the user in accordance with applicable law, and the service provider shall be entitled to use all available legal means to draw the consequences of such action. 
  1. The User acknowledges that the Service Provider is not responsible for the operation of the public data network or the condition of its software or hardware. 
  1. The user is not entitled to copy or print the e-books, audiobooks or online courses, not even part of them. 
  1. Conclusion of the contract and payment terms 
  2. The parties acknowledge that the conclusion of the contract, on the basis of which the service provider shall provide the service specified above to the user under the agreed terms and conditions, including the terms and conditions set out in these GTC, shall take place when the price for the intangible goods is credited to the service provider’s bank account. The user will only be able to download an e-book or audiobook or access an online course, online webinar or online workshop after the price has been credited to the service provider’s account. 
  1. The price including VAT applicable to each type of goods is always indicated for each work on the website www.nowork.ai.
  1. Copyright – License 
  2. The User acknowledges that the intangible goods offered for payment on the Service Provider’s website are works within the meaning of the Copyright Act and as such are subject to the protection of this Act. The User acknowledges that, in particular in this context, he/she is not entitled to use the purchased intangible goods in any way other than for his/her personal use, i.e. he/she may not redistribute, sell, rent, lend, disclose to the public or in any way provide to third parties. 
  1. The User further acknowledges that in any use of the Website as well as the purchased intangible goods, he/she is obliged to respect and comply with the applicable legal regulations, in particular the Copyright Act and is obliged to avoid any interference with copyright and intellectual property rights. 
  1. The User acknowledges that he/she may be punished for violation of copyright or other rights protected by law in accordance with the applicable legislation. 
  1. Claims, rights from defective performance 
  2. The User is entitled to claim intangible goods without undue delay after discovering defects by sending a claim by e-mail to support@nowork.ai. The e-mail must contain the order number, the goods to which the complaint relates, a description of the defects found and their manifestations, i.e. the specific reason for the complaint. 
  1. The Seller shall decide on the complaint within 5 working days of its receipt and notify the Buyer by e-mail, unless otherwise agreed with the Buyer. This time limit does not include the time reasonable according to the type of the object of sale required for a professional assessment of the defect. 
  1. The complaint, including the removal of the defect, shall be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree otherwise.
  1. Defects in digital content 
  2. If the goods or access data have not been delivered within the delivery period, the “bulk mail” or “spam” folders must first be checked.
  1. Once the digital content has been made available, it must be checked for functionality and availability. It may happen that digital content is temporarily unavailable for a short period of time due to data maintenance or server outages. The website may be updated without prior notice. Defects in the digital content must be pointed out without undue delay after their discovery by notification sent to the seller’s electronic address.
  1. The Seller shall not be liable for unavailability or other defects of the Digital Content in the event of a non-compliant digital environment of the Buyer (see clause 7, Article 3, letter A of these GTC).
  1. For the purpose of verifying whether a defect has occurred due to an inadequate digital environment, the Buyer has a legal obligation to provide the Seller with the necessary assistance to the extent that can reasonably be requested and that can be provided by technically available means that are as unobtrusive as possible for the Buyer. In the event of a refusal to cooperate, the buyer shall only have rights under the defective performance if it proves that the digital content is not in conformity with the contract.
  1. Liability for quality upon acceptance and rights of defective performance 

The seller’s liability for quality is established by law. It is governed in particular by Sections 2161 et seq. § 2099 et seq. NTC regarding rights from defective performance. 

  1. If the buyer exercises the right of defective performance, the seller shall confirm to him in writing when he has exercised the right. 
  1. The Seller is liable to the Buyer for: 

3.1. compliance with the price that was valid at the time of sending the order by the buyer, if the order was accepted, 

3.2. the dispatch of the goods without defects, 

3.3. delivery of the goods in the quantity and quality as specified in the order, provided that the order has been accepted, 

3.4. the sending of the tax document (invoice) to the Buyer’s e-mail, unless otherwise agreed between the parties. 

  1. The Seller shall not be liable to the Buyer for: 

4.1. late delivery of goods caused by incorrectly entered address of the recipient,

4.2. damage caused by the delivery person; note: the buyer is not obliged to accept visibly damaged goods. 

  1. Withdrawal from the contract 
  1. The buyer – consumer (as defined in Article 1 of these GTC) has the right to withdraw from the contract concluded by means of distance communication within 14 days. This right does not apply to the delivery of digital content (e-books, audiobooks, online courses, online webinars and online workshops) to which the buyer gains access before the expiry of the withdrawal period. 
  1. The buyer is hereby informed that he is not entitled to withdraw from the contract (according to § 1837 of the German Civil Code) if it is a contract: 

2.1. for the supply of a sound or visual recording or a computer program, if the original packaging has been damaged 

2.2. for the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the consumer’s express prior consent before the expiry of the withdrawal period and the seller has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract. 

  1. In the event that the purchaser withdraws from the purchase of a package which includes tangible goods and an e-book or downloadable audiobook, the purchaser shall, upon withdrawal, return all tangible goods for which the value of such purchased tangible goods shall be refunded. It is not possible to withdraw from the purchase of digital content. 
  1. The withdrawal period runs: 

4.1. in the case of a purchase contract, from the date of receipt of the goods, 

4.2. in the case of a contract whose subject matter is several types of goods or the delivery of several parts (i.e. where the subject matter of the purchase contract is ordered in one order but delivered in several shipments), from the date of receipt of the last delivery of goods. 

  1. The buyer-consumer must notify the seller of his decision to withdraw from the contract in the form of a written notice of withdrawal. The notice shall be delivered by the Buyer to the Seller by e-mail to support@nowork.ai. The Seller shall confirm its receipt to the Buyer without undue delay. 
  1. In the case where the buyer is an entrepreneur, it is possible to withdraw from the contract if the parties agree or if the law so provides. 
  1. If the Buyer withdraws from the contract, he is obliged to return the tangible goods to the Seller within 14 days of withdrawal by delivery to the Seller’s address. 
  1. The Buyer is obliged to pack the returned goods in such a way that they are not damaged during transport. 
  1. If the Buyer withdraws from the contract, the Seller shall send the received funds to the designated bank account within 14 days of delivery of the goods to the Seller. 
  1. In the event of withdrawal from the purchase contract, the subject of which was the goods included in the package, the customer is obliged to return all the goods included in the package upon withdrawal. 
  1. In the event of damage to the goods to which the withdrawal relates by the buyer or in the event of obvious use of the goods (e.g. reading, copying), the seller is entitled to claim compensation. In the event of an unauthorised withdrawal, the goods will be available for collection by the Buyer at the Seller’s address above or, if agreed, will be returned to the Buyer at the Buyer’s expense. 
  1. Protection of personal data 
  1. The Buyer (User) acknowledges that his/her personal data will be processed by the Seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 “GDPR”) and other legislation. 
  1. The Buyer acknowledges that the Seller will process the personal data itself or entrust the processing to a third party processor, in particular the Seller’s information systems provider and administrator, the Seller’s cloud service provider. The Buyer further acknowledges that the Provider will transfer the personal data to other administrators in the case of an order, namely to shipping companies that will deliver the ordered goods to the Buyer. 
  1. The personal data will be processed for the purpose of fulfilling the contractual relationship between the Seller and the Buyer (user), and for direct marketing purposes (in particular sending commercial communications via e-mail). The lawful grounds for processing are the performance of the contract, the fulfilment of legal obligations and legitimate interest (direct marketing). 
  1. By submitting an order, the buyer declares that he has been informed about the processing of his personal data. 
  1. The Seller, as the data controller, will process the Buyer’s personal data provided in the order, i.e. the Buyer’s name, surname, address, e-mail address and telephone number in electronic form. The Buyer’s personal data will be processed by authorised employees of the Seller or by a personal data processor with whom the Seller has concluded a contract for the processing of personal data. The Buyer has the right to access and correct his/her own personal data. 
  1. Notification by the Seller to the Buyer before the conclusion of the contract 
  1. By sending the order, the Buyer confirms that he/she has received from the Seller clear and comprehensible information required by law, in particular within the meaning of § 1810 et seq. and § 1820 et seq. NOZ. 
  1. Final provisions 
  1. The relationship between the Seller and the Buyer (User) shall be governed by the laws of the Czech Republic and any disputes shall be decided by the competent court. The Buyer may address any complaint to the supervisory authority or the state supervisory authority. 
  1. These Terms and Conditions are displayed on the Seller’s website, thus enabling their archiving and reproduction by the Buyer. 
  1. Both the Seller and the Buyer are bound by the version of the T&Cs displayed on the Seller’s website on the day the Buyer places an order. 
  1. If the Seller and the Consumer fail to agree on an acceptable compromise in the event of a dispute, the Consumer may turn to the existing systems of out-of-court resolution of consumer disputes at the Czech Trade Inspection Authority, Štěpánská 567/15, Prague, 120 00, or on the website https://www.coi.cz/podatelna/. The consumer can find the details of the application, a description of the procedure and other information on out-of-court dispute resolution on the website www.coi.cz.

These General Terms and Conditions are valid and effective as of May 2, 2024.