Terms and Conditions

Tabidoo > Terms and Conditions

Preliminary Provisions

 

The company Cork Solutions s.r.o., with its registered office in Prague 9, Pavla Beneše 742/16, post code 199 00, ID No. 06019137, entered in the Register of Companies maintained by the Municipal Court in Prague under Section C, File No. 274690 (“Operator”) operates the online evidence system “Tabidoo” which is a working tool for efficient data management (“Application”). The Application is available to its Users via the Tabidoo.cloud website and it is intended for the needs of companies and private individuals.

For the purposes of the Operator’s Terms and Conditions (“Terms and Conditions”), the User is understood to mean any natural or legal person who, for the purpose of using the Application, enters into a contract with the Operator in compliance with these Terms and Conditions.

 

User’s access to the Service and its use is subject to the User’s acceptance and consent to the content of these Terms and Conditions. They are binding for all Users who access or use the Service. By accessing the Service or using the Service itself, the User agrees to be bound by these Terms. In the event of User’s disagreement with any part of the Terms and Conditions, the User is not allowed to use or access the Service.

The adoption of the consent to these Terms and Conditions is given by a registration at the site of the Application app.tabidoo.cloud.

For the purposes of these Terms and Conditions, Content means entries, data or other content the User has distributed, stated, displayed or saved through the Application (“Content”).

The User is only authorized to use the Application under a Contract which will be concluded between the User and the Operator, and at the same time, the manner in which such a Contract is concluded is governed by these Terms and Conditions (“Contract”).

The rights and obligations between the Operator and the User, in connection with the use of the Application, are governed by the Contract and these Terms and Conditions. The Operator reserves the right to change or replace the existing Terms and Conditions at any time at its sole discretion. In the event of a significant change, the Operator shall provide a notice to the User at least 30 days prior to the date on which the changes to the Terms and Conditions take effect. The definition of significant changes is entirely within the authority of the Operator.

If the User continues to access or use the Application after changes in the Terms and Conditions, the User thus agrees to follow the Terms and Conditions in the revised, i.e. the current version. If the User does not agree with the revised Terms and Conditions, the User is obliged to terminate the use of the Application.

The Operator and User are hereinafter referred to as the “Contracting Parties” in these Terms and Conditions.

 

Offered Services

 

These are divided into a free of charge plan (Free Plan), which is completely free for all Users, and premium or paid versions (Medium plan, Large Plan, Individual Plan), these can be purchased by the User for a remuneration.

 

Applications and Its Tariffs

 

The Application is provided by the Operator for the use by the User in the state in which it is at the date of the conclusion of the Contract. The Operator is entitled to change and modify functions, settings, user interface, and any other Application parameters at any time and without prior notice to the User who acknowledges this and agrees. In order to avoid any doubt, the Parties acknowledge that the Operator is entitled to the changes and adjustments mentioned in the previous sentence in relation to the existing User with whom the Contract has already been concluded (thus not only to the future User).

The features and functions of Tabidoo, which will be available to the User from the Operator, depend on the type of tariff which the User has chosen, and the full tariff specification is published on the website.

The Operator offers the basic tariff free of charge and the additional tariffs as paid. When concluding a Contract, the User selects one of the tariffs on the website, according to the Operator’s current offer. In case of the unpaid tariff, the User is not obliged to pay the Operator a fee for the use of the Application. In case of the unpaid tariff, the Operator is entitled to change the features and functions of the tariff after the conclusion of the Contract.

In the case of a paid tariff, the User is obliged to pay a fee for the use of the Application in the amount stated by the Operator in relation to the particular tariff on the website. In the case of paid tariffs, the Operator is entitled to change the amount of the payment or the features and functions of the Application, which will be available to the User from the Operator, for a future period for which no fee has been paid by the User.

The Operator is entitled to change its tariffs at its discretion, as well as its Terms and Conditions.

The User is authorized to change the User’s tariff. If the User switches from a paid tariff to the unpaid tariff or from a paid tariff of a higher grade (i.e. a tariff with a higher fee) to a paid tariff of a lower grade (i.e. a tariff with a lower fee), the User acknowledges that a part of the User’s content may be made inaccessible to the extent that exceeds the limits set by the Operator for the type of tariff the User has transferred to.

A complete list of tariffs is available on the website https://www.tabidoo.cloud/pricing/.

 

Protection of Personal Data

 

When processing personal data, the Operator shall proceed in accordance to the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ES (hereinafter “GDPR”).

The Operator provides the Application for processing and storing data through the Tabidoo system. The User thus acknowledges that in relation to personal data stored on our server, the User acts as a personal data manager and Tabidoo as a personal data processor. The User is thus obliged to handle the personal data described in the previous sentence of this paragraph in accordance with the legal regulations governing the protection of personal data, particularly in accordance with the GDPR.

 

User Obligations

 

The User is obliged to keep the User’s access data and personal password in a safe place to prevent unsolicited access.

For security reasons, it is necessary to change the personal password at regular intervals.

 

Payment Terms

 

The Operator will allow the User to use the Application to the extent associated with the selected tariff. In case of the paid tariffs, the User has this option only after paying the Operator the fee associated with the respective paid tariff.

If the User chooses the Medium, Large or Individual paid tariff, it is necessary to use a credit card for the payment for the selected service.

The User agrees that the remuneration for the use of the Application will be paid in the form of monthly payment (“Payments”).

In case of a payment, the first payment will be paid no later than 3 days from the day when the User selected the paid tariff. Other Monthly Payments will be paid regularly at monthly intervals on the day of the month that is to be set by the Operator.

 

For all payment transactions, the User may choose in which currency it will be paid. The User may choose from the CZK, USD, EUR currency.

The User agrees that if the monthly payments by a credit card are selected, the relevant amount will be deducted repeatedly at monthly intervals from the account to which the particular credit card is tied.

For the Application is paid on the principle of repeated payments. After making the first payment, according to the instructions received from the Operator, the User will be asked to authorize the payment settings. After that, the fixed payment is done in monthly intervals without the User being required to input any further data.

The maximum amount of the repeated payment is governed by the price list, that is to say by the price of the selected tariff, the User has selected.

If the User wishes to stop using the User’s account and thus stop using the Application, the User may terminate the use of the Services. The User can cancel the payment at any time in the Application in the User settings. After that, no further payments will be charged to the User’s credit card.

Should payments be deducted even after the User has no obligation to pay them under these Terms and Conditions, the User is obliged to inform the Operator of this fact immediately.

Repeated payments will also be terminated if the User’s credit card has expired. If the User is interested in resuming repeated payments, it is necessary to inform the Operator  about this and re-authorize the payments.

The User’s obligation to pay monthly payments to the Operator expires in the event of a transfer from a paid tariff to an unpaid tariff or in the event of termination of the Contract. In this case, the paid Service is terminated on the last day the paid Service was active. Then the User is automatically set the unpaid tariff, or the Contract expires.

The User agrees to the use of tax documents in electronic form.

 

Complaints

 

The User may claim with the Operator the rights implied by a faulty operation of the Application.

In case of any Application defects or in case of unavailability of the Application, the User will immediately contact the Operator via the contact form available on the website or e-mail address.

In case the Application was inoperative or unavailable due to a breach of the User’s obligations, e.g. by interfering with the source code, insufficient software, hardware equipment, etc., the Operator is entitled to charge the fault diagnosis to the User in accordance with the valid price list of the Operator.

 

Contract and Cancellation of the Contract

 

A binding Service Contract arises when the User accepts these Terms and Conditions and a payment is made.

The purchase Contract for the selected Service is automatically renewed based on an ongoing subscription until the moment the User cancels the subscription. The User may cancel the payment at any time in the Application in the User settings. After that, no further payments will be charged to the User’s credit card.

The Contracting Parties are legally entitled to withdraw from the Contract within 14 days of signing it and without having to state the reason.

 

Final Provisions

 

Any disputes arising between the Operator and the User resulting from the Contract will be settled amicably at first.

In case that an amicable settlement is not reached within 90 days of the date on which one of the Contracting Parties has notified the other Party of its conviction about the existence of the dispute, the dispute shall be decided by the General Court upon a proposal by the Operator or the User. The court is meant to signify exclusively the courts of the Czech Republic.

All notices and communications may be made between the Contracting Parties in writing or via e-mail communication.

To this, the e-mail address of the Operator will be used, which the Operator has listed on the Operator’s website, and the e-mail address of the User, which the User stated when establishing a User account or subsequently communicated to the Operator.

Failure by the Operator to comply with any right or provision of these Terms and Conditions is not and shall not be deemed a waiver of these rights.

In case that any provision of these Terms and Conditions is deemed invalid or otherwise unenforceable by the regulator, the remaining provisions remain unchanged, hence in force.

The User declares that the User has properly read, understood and fully accepted these Terms and Conditions without any reservations.

Furthermore, the User declares that these Terms and Conditions do not contain any clause or provision that is incomprehensible or disadvantageous to the User.

These Terms and Conditions represent the entire agreement between the Operator and the User. They supersede any previous agreements which the Operator may have previously established with the User.

 

These Terms and Conditions are valid and effective from 27th April 2019.