BUSINESS TERMS AND CONDITIONS

I.      Fundamental Terms

1.     These Business Terms and Conditions (hereinafter referred to as the “Conditions”) are issued by the company M E D I A T E L, spol. s r.o., with its registered office at Prešovská 38/B, 821 02 Bratislava, Company ID: 35 859 415, recorded in the Commercial register kept by the District court in Bratislava I., section: Sro, insert: 28991/B (hereinafter referred to as “MEDIATEL”) as the provider of Services (as defined in Article I. Section 2 hereof) to the User (as defined in Article I. Section 3 hereof).
2.     For the purposes hereof, Services shall mean services provided by MEDIATEL to the User via its website www.zlatestranky.sk  on the basis of accepting these Conditions by the User according to Article II. Section 3 hereof (hereinafter referred to as “Services”).

3.    For the purposes hereof, the User shall mean any legal entity or natural person, whom MEDIATEL provides Services under the terms and conditions agreed herein (hereinafter referred to as the “User”).
4.     For the purposes hereof, the Contracting Parties shall mean MEDIATEL and the User (hereinafter referred to jointly as the “Contracting Parties” and individually also as the “Contracting Party”).
5.     For the purposes hereof, Materials shall mean in particular data files, written texts, computer software, music, audio recordings, video-audio recordings, photos, videos and other graphic data (hereinafter referred to jointly as the “Materials” and individually as the “Material”).

II.     Subject-Matter of the Conditions, User’s Approval of the Conditions

1.     These Conditions regulate the rights and obligations of the Contracting Parties when using the Services. Legal relations not expressly regulated by these Conditions shall be governed by the legal regulations applicable to the territory of the Slovak Republic, in particular Act No. 513/1991 Coll., of the Commercial Code, as amended.
2.   Different written arrangements between the Contracting Parties shall enjoy priority over the provisions of these Conditions.
3.     A manifestation of the User’s approval of the wording of these Conditions shall mean the User’s clicking on the button representing his approval of and accession to the Conditions at the web site www.zlatestranky.sk .

4.     In consideration of the fact that MEDIATEL is interested in the provision of its Services to the User in the best standard, it keeps innovating the Services. The User takes into account and expressly approves the fact that within the innovation of its Services, MEDIATEL is entitled (with permanent or temporary effect) to suspend the provision of Services (or some of its elements or functions within the Services) to the User at its exclusive discretion and without any obligation of notifying the User thereof in advance.
5.     The User has the right to cease using the Services of MEDIATEL at any time without being obliged to notify it thereof in writing or in any other way.
6.     The User takes into account and approves the fact that even though MEDIATEL has not yet determined any fixed maximum limit to the number of messages the User may send or accept via the Services or any limit to the size of memory that may be used for the provision of any of the Services, MEDIATEL may determine such fixed maximum limit at any time at its own discretion.
7.     The User takes into account and approves the fact that MEDIATEL is authorised to unilaterally change or amend these Conditions at any time. Any change of the Conditions shall be effective in relation to the User as of the moment of publishing the new wording hereof at www.zlatestranky.sk.
 
III.    Personal Data and their Protection

1.     According to Act No. 428/2002 Coll. on Protection of Personal Data as amended by further regulations (hereinafter only the “Act No. 428/2002 Coll.“), MEDIATEL is an administrator of personal data provided by the User. By clicking on the respective button on the website www.zlatestranky.sk , the User grants his approval to MEDIATEL of the processing of personal data provided by the User for the purposes of their authorised publishing within all products offered by MEDIATEL, including but not limited to the purposes of distributing offers of business and services by MEDIATEL (in any form). Personal data will be processed electronically. This approval is provided on a voluntary basis and the User is familiar with the information and his rights in the extent pursuant to § 10 Act No. 428/2002 Coll.
2.     The User agrees with the sending of commercial notices by means of electronic communication and other possible means of communication to the contacts provided to MEDIATEL on Certain Services of an Information Company, namely both by MEDIATEL and by third parties.
3.     The User undertakes that all data he provides to MEDIATEL for the purposes of using the Services will be at all times precise, correct and up-to-date.
IV.    Using the Services

1.     The User undertakes that he will use the Services only for the purposes permitted pursuant to these Conditions and legal regulations applicable to the territory of the Czech Republic.
2.     The User undertakes that for access to any Service, he will not use (or try to use) any means other than the interface provided by MEDIATEL unless the Contracting Parties agree otherwise in writing.
3.     The User undertakes not to do anything that might disturb or damage the Services (or servers and networks connected to the Services).
4.     The User is not entitled to reproduce, duplicate, copy, sell, trade with or procure sale of the Services for any purpose without prior written approval of MEDIATEL.
5.     The User is obliged to take all measures in order to secure the confidentiality of passwords related to any user accounts that he will be using for access to the Services. The User shall have the sole liability for maintenance of the confidentiality of the passwords according to the foregoing sentence.
6.     The User shall have sole liability to MEDIATEL for anything carried out via the User’s user account.

7.     The User takes into account that the sole liability for all Material, to which the User will have access within the Services or by means of using the Services, shall be borne by the person, from whom such Material originates.
8.     MEDIATEL reserves the right (but is not obliged) to inspect, examine, assess, filter, amend, refuse or remove any Material from any Service in advance. MEDIATEL reserves the right to prevent presentation of the Materials particularly if they are inconsistent with the legal orders of the Czech Republic, general ethical rules and good manners or if they are Materials with sexual overtones.
9.     The User takes into account that by using the Services, he may be exposed to Materials that might be offensive, indecent, unsuitable or unpleasant for him. In this respect, the User uses the Services at his own risk.
10.   The User shall have the sole liability for the Materials he creates, sends or displays when using the Services and for all effects of such conduct (including the possible loss or damage suffered by MEDIATEL). MEDIATEL shall have no liability for such Materials in relation to the User or to any third parties.
11.   The User takes into account that the Services may include information, which MEDIATEL marks as confidential (hereinafter referred to as the “Confidential Information”).
12.   The User is not authorised to disclose the Confidential Information without prior written approval of MEDIATEL.
13.   The User is not authorised to use the business name of MEDIATEL, its trademarks, logos, domain names or any other distinguishing features without prior written approval of MEDIATEL.

14.   The User is not authorised to remove, cover or amend a notice of any rights (in particular an ownership right, a copyright and/or other intellectual property rights) that will be appended to the Services or included therein.
15.   The User declares that he duly acquired all rights (in particular the copyright and other intellectual property rights) to all Materials he will provide, send or display within the Services or by means of the Services. MEDIATEL shall have no liability for a breach of any third party rights (in particular copyright and other intellectual property rights) by the User.
16.   The User shall retain all his rights (in particular the copyright) to the Materials, which the User will provide, send or display within the Services or by means of the Services.
V.     Termination of Contractual Relationship

1.     These Conditions shall apply for the whole term of the contractual relationship between the Contracting Parties unless the Contracting Parties otherwise agree in writing.
2.     The User may withdraw from these Conditions any time even without stating a reason thereof and thereby terminate the contractual relationship between the Contracting Parties, namely by serving a written notice of withdrawal on MEDIATEL to the address first specified above
3.     MEDIATEL may withdraw from these Conditions and thereby terminate the contractual relationship between the Contracting Parties by sending a written notice of withdrawal on the User in particular in the following cases: (i) the User breaches any provision hereof, (ii) MEDIATEL decides to terminate provision of the Services for any reason or (iii) MEDIATEL is obliged to terminate this contractual relationship for reasons laid down by legal regulations.
4.     A withdrawal according to Article V. Section 2 or 3 hereof shall become effective at the moment of the notice of withdrawal delivery to the other Contracting Party.

VI.    Exclusion of Guarantees, Liability for Damage

1.     The User takes into account that the Services are provided as they are and in connection with the Services or their use, MEDIATEL does not provide any guarantee.
2.     The User takes into account that MEDIATEL does not claim or reassure the User in particular of the fact that (i) the User will be able to use the Services without an interruption, on a timely basis, safely and without any errors, (ii) the Services and their use will meet the User’s requirements, and (iii) the data acquired by the User as an outcome of using the Services will be precise or reliable.
3.     MEDIATEL is liable only for actual damage incurred by the User as a result of a breach of obligations of MEDIATEL following from these Conditions and legal regulations applicable to the territory of the Slovak Republic.
4.     MEDIATEL is not liable for indirect or subsequent damage possibly incurred by the User, namely including lost profit.
5.     MEDIATEL is not liable for any loss or damage possibly incurred by the User (i) as a result of permanent or temporary suspension of the provision of Services (or any of their features or components) due to force majeure, (ii) due to deletion, damage or failure to save any Materials or any other transferred data administered or transmitted by the Services or by means of the Services, or (iii) due to a disclosure of the password or other access data to the User's account by the User or any third party.
6.     The User is fully liable for damage (actual damage as well as lost profit) incurred by MEDIATEL as a result of a breach of the User’s obligations following from these Conditions and legal regulations applicable to the territory of the Slovak Republic.  
VII.    Solution of Disputes

1.    All disputes between the Contracting Parties following from use of the Services or arising in connection with the Services will be preferably settled amicably at first. In the event of a failure to reach an amicable settlement, the dispute shall be settled by the competent court of the Slovak Republic on the motion of any of the Contracting Parties.