Terms and Conditions of the Czech Land Project

  1. INTRODUCTORY PROVISIONS

    1. The Czech Land Project allows users to search for properties in the Czech Republic whose owner is insufficiently identified in the land registry (hereinafter referred to as the "project").

    2. Searching for properties via the web interface of the project at https://www.ceskazeme.cz (hereinafter referred to as the "website") is free of charge.

    3. The user (hereinafter the "user") may use the offered paid services, i.e., completion of a sample proposal to initiate inheritance proceedings (hereinafter the "proposal") and obtaining a guide to its completion (hereinafter the "service"). The proposal is always completed by the user, never by the project or its operator.

    4. The service is provided for a fee, the amount and payment terms of which are specified on the website. The operator charges no hidden fees; the listed price is final.

    5. The project is operated by TerraAncestra.com s.r.o. Rybná 716/24 110 00 Praha 1, Česká republika IČO: 21837643 (hereinafter the "operator").

    6. The user will receive the service only after full payment of the price.

    7. The operator is not liable to the user or any third party for the content of the proposal or the service, the way the service or the proposal is used in its original or modified form, and does not provide any guarantees.

    8. The project does not include the provision of legal advice, and the service in no way substitutes for the provision of legal services.

    9. This document (hereinafter the "terms") constitutes the terms and conditions within the meaning of the relevant provisions of the Civil Code and forms part of the agreement for the provision of the services defined below.


  1. SERVICE PROVISION METHOD

    1. By using the service, the user acknowledges that the operator does not provide legal services within the meaning of the Advocacy Act.

    2. The user acknowledges that because this is a sample proposal, the operator cannot influence how the user fills it in or what further steps they take in or outside the proceedings. Therefore, the operator assumes no responsibility for the service and provides no guarantees in relation to the proposal.

    3. The user is solely responsible for ensuring no damage arises from the use of the service. The user accepts full responsibility for the way the proposal is completed and used.

  2. USE OF SERVICE

    1. The user can use the service as a guest (without registration) or as a registered user via a user account.

    2. A user account can be created before using the service or before making a payment. Creating a user account requires entering the information specified on the website.

    3. If the account is created only after using the service, it cannot be guaranteed that the user's previous orders will be linked to the new account.

    4. The user account is non-transferable. The user must not share their login details with anyone else.

    5. The user first searches for property or properties through the project's web interface.

    6. The user fills in the required details according to the displayed instructions. After entering the data, the user is prompted to pay for the service. The price is due immediately, typically via bank transfer or payment gateway (card).

    7. Card payments are processed by a third party, not the operator. The operator will never request the user's online banking login details or other sensitive data. The operator is not responsible for the provision of payment services.

    8. The service will be provided after full payment. If payment is made by bank transfer, it is considered paid only after the amount is credited to the operator's account.

    9. The operator is not responsible for any typos or other inaccuracies in the proposal, including those caused by the user.

    10. Further edits or changes to the proposal require creating a new one, i.e., paying the fee again.

    11. By using the service, the operator grants the user a non-exclusive license to use the proposal, which is a copyrighted work, in the manner set forth in these terms.

    12. The user may not modify, further share, or otherwise use the proposal contrary to its intended purpose.

    13. The user acknowledges that breaching these license terms constitutes a violation of these conditions, for which the operator may claim damages.

  3. SPECIAL PROVISIONS REGARDING CONSUMERS

    1. By using the service, the user expresses a desire to have the service provided before the withdrawal period expires. In accordance with the law, the user is therefore not entitled to withdraw from the contract.

    2. No fee is charged for access to the proposal, apart from the price.

    3. Proper use of the service requires a reliable internet connection. No fee is charged for use of the website, apart from the price.

    4. Contractual data between the parties is stored in the operator’s database. The contract can be concluded in Czech unless otherwise agreed. The process of concluding the contract is described in detail in these terms.

    5. The relationship between the operator and user is governed by the applicable law for these terms. No legal relationship arises between the operator and any other party (e.g. if the proposal is submitted by someone other than the user).

    6. The Czech Trade Inspection Authority is responsible for resolving disputes between parties. More information on consumer protection can be found at: https://www.coi.cz/pro-spotrebitele/spotrebitelsky-pruvodce.

    7. The consumer protection provisions of these terms apply only to consumers residing in the European Economic Area. Disputes can also be resolved via the platform webgate.ec.europa.eu/odr.

  4. PROCESSING OF PERSONAL DATA

    1. Use of the service includes activities that may involve the processing of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter the “Regulation”).

    2. The operator will, in accordance with the Regulation, process personal data provided by the user about themselves or about other persons ("Personal Data"). The purpose of this section is to establish the scope of the operator’s obligations primarily related to ensuring protection of Personal Data during processing. Personal Data will not be transferred to third parties.

    3. The operator processes only the personal data necessary to fulfill the obligations arising from these terms or the agreement with the user, especially:
      • First and last name;
      • Date of birth;
      • Personal identification number (if applicable);
      • Permanent residence and contact address;
      • Contact details (phone number, email address);
      • Other data provided by the user within or outside their account.
    4. The processing of Personal Data is necessary for proper provision of the service.

    5. The operator will process the data until the user account is permanently deleted (not just deactivated), or as long as rights and obligations between the parties exist. The operator also processes information about past user orders for only as long as necessary.

    6. The operator undertakes, under Article 32 of the Regulation, to take all technical and organizational measures necessary to secure Personal Data against unauthorized or accidental access, alteration, destruction or loss, unauthorized transfers, or other unlawful processing, considering the state of the art, implementation costs, and the nature and scope of processing.

    7. The user has the right:

      • to access their Personal Data, especially to request information about the purpose of processing, categories of data processed, recipients of the data, and data retention;
      • to correct Personal Data if the user becomes aware that the operator processes inaccurate data;
      • to have Personal Data erased ("right to be forgotten"), under conditions such as:
        • (i) Data is no longer needed for its original purpose,
        • (ii) Consent is withdrawn,
        • (iii) Objection to processing is raised,
        • (iv) Data was obtained unlawfully,
        • (v) There is a legal obligation to delete the data,
        • (vi) Data was collected in relation to online service offerings.
      • to restrict processing, in cases such as:
        • (i) Contesting accuracy of the data,
        • (ii) Processing is unlawful and deletion is opposed,
        • (iii) Data is no longer needed by the operator but required by the user for legal claims,
        • (iv) Objection to processing is raised.
      • to data portability – to obtain their data in a structured, commonly used, machine-readable format and transmit it to another controller;
      • to object to data processing based on legitimate interests, for marketing purposes, or related profiling;
      • to initiate proceedings with a supervisory authority if a violation of personal data rights is suspected. The supervisory authority is the Office for Personal Data Protection.
  5. FINAL PROVISIONS

    1. The legal relationship between the parties is governed by Czech law. Any disputes arising from or related to these terms and conditions will be resolved by the courts of the Czech Republic.

    2. If any provision of these terms is invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

    3. These terms and conditions are valid and effective as of 13 November 2023 and may be amended unilaterally at any time, with changes usually being communicated to users by email.

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