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General Terms and Conditions

GENERAL TERMS AND CONDITIONS (“Terms”)

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions have been issued by KinoK s.r.o., ID No. 19337574, with its registered office at Jana Weisse 1204, 514 01 Jilemnice, file No. C 51239, registered with the Regional Court in Hradec Králové (hereinafter referred to as “KinoK”) in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended.

1.2 These Terms and Conditions govern the rights and obligations of non-business individuals (“User”) and KinoK in the provision of services by KinoK (“Services”).

1.3 The Services consist in making available audiovisual virtual tours of objects from the KinoK service provider’s offer (hereinafter referred to as “Virtual Tour”) on the Users’ electronic devices (e.g. computer, laptop, tablet or mobile phone) (hereinafter referred to as “Device”), or. the provision of other services for a fee, through the web portal www.kinok.eu (hereinafter referred to as the “Web Portal”) under the terms and conditions set out in these Terms and Conditions.

1.4 Users are obliged to comply with these Terms when using the Services. In the event of a breach of these Terms, KinoK shall be entitled to exercise any and all rights and claims and take any and all actions under the Terms and/or the law.

2. TERMS OF SERVICE

2.1 GENERAL CONDITIONS OF USE OF SERVICES

2.1.1 Virtual tours are intended exclusively for the personal use of Users. Commercial use of Virtual Tours and any public use of Virtual Tours or use of Virtual Tours on a larger scale is expressly prohibited. The User is not entitled to distribute, copy, make any visual, audio, audiovisual or other recordings of the Virtual Tours in any way or otherwise use the Virtual Tours in violation of these Terms and Conditions and applicable laws, including for his/her own use and/or personal needs.

2.1.2 The Virtual Tour offer is limited in time and KinoK reserves the right to change the Virtual Tour offer at any time.

2.1.3 Making the Virtual Tour available to the User is subject to a fee. Valid prices for individual Virtual Tours are listed on the Web Portal for each Virtual Tour. KinoK reserves the right to change the price of the Virtual Tour at any time up to the time of purchase of the Virtual Tour.

2.1.4 KinoK reserves the right, at its sole discretion, to deny any User access to the Services at any time and for any reason whatsoever, in particular for breach of these Terms.

2.2 USER ACCOUNT

2.2.1 The User may use the Services only through a user account established on the Web Portal (hereinafter referred to as the “Account”).

2.2.2 An account will be created for the User after he/she enters in the relevant form on the Web Portal:
– the name and surname of the User;
– the User’s date of birth;
– e-mail address of the User;
– User’s login password;
and confirms the creation of the Account by clicking on the link in the email delivered to the User at the User’s email address provided by the User when creating the Account.

2.2.3 By creating an Account and purchasing a Virtual Tour or a Voucher, the User confirms that he/she has read and agrees to the Terms and Conditions. The User is entitled to use the Services only if the User has agreed to these Terms.

2.2.4 When changing personal data or e-mail address, the User is obliged to update his/her data in the Account.

2.2.5 The User is obliged to provide true, accurate, up-to-date and complete information when creating an Account or changing any data in his Account. By creating an Account, the User represents and warrants that all information about the User in the User’s Account is true, accurate, current and complete. If the User provides false, inaccurate, outdated or incomplete information about his/her person in his/her Account, such User’s actions will be considered by KinoK as a violation of these Terms and KinoK is entitled to suspend the User’s Account for a certain period of time or to cancel the User’s Account and not allow the User to re-create an Account in the future, at KinoK’s sole discretion. The User will be informed about the cancellation of the Account by e-mail to the e-mail address specified in his Account.

2.2.6 The User logs into the Account using the User’s e-mail address, which is the User’s login name, and password.

2.2.7 The User is responsible for maintaining the confidentiality of his/her login credentials, including the password to the Account. In the event of unauthorized use of the Account by a third party of which the User becomes aware, the User is obliged to inform KinoK of such unauthorized use without delay.

2.2.8 The User’s Account is intended only for the personal use of the User who created the Account. Creation of multiple Accounts by one User, impersonation of another person, creation of an Account for another person or use of one Account by persons other than the User who created the Account is a violation of these Terms and Conditions and grounds for cancellation of the Account and not allowing re-creation of the Account in the future.

2.2.9 The User may cancel his/her Account at any time by sending a cancellation request to the e-mail address support@kinok.eu. KinoK shall cancel the User’s Account within 5 working days of receipt of the request to cancel the Account and shall inform the User of the cancellation of the User’s Account to the User’s e-mail address.

2.3 PURCHASE OF VIRTUAL TOUR

2.3.1 A Virtual Tour can only be purchased by a User with an established Account. By paying the price for the Virtual Tour, the order for the Virtual Tour is completed and the contract between the User and KinoK is concluded. By purchasing a Virtual Tour, the User agrees that the Virtual Tour will be made available to him immediately after the purchase of the Virtual Tour.

2.3.2 By purchasing a Virtual Tour, the User further confirms that he/she has read the current version of these Terms and Conditions and the information and instructions regarding the respective Virtual Tour provided on the Web Portal and further confirms that he/she meets the age restriction requirements, if the age restriction applies to a particular Virtual Tour within the meaning of Art. 3 of these Terms and Conditions.

2.3.3 After paying for the Virtual Tour, the User will receive an order confirmation (confirmation of the conclusion of the contract) to the e-mail address provided when setting up the Account (hereinafter referred to as the “Confirmation E-mail”). The confirmation email contains a link to start the Virtual Tour in addition to the Virtual Tour order confirmation. After clicking on the link, the User will be redirected to the Virtual Tour.

2.3.4 Entry to the Virtual Tour is valid for 24 hours from the receipt of the Confirmation Email (“Validity”). The User is entitled to view the Virtual Tour without limitation on the number of views during the Term, on up to three different User Devices, but only on one Device at a time.

2.4 VOUCHER FOR THE PURCHASE OF A VIRTUAL TOUR

2.4.1 The User may purchase a voucher for the purchase of a Virtual Tour issued in electronic form and bearing a code for its use (hereinafter referred to as “Voucher”).

2.4.2 Only a User with an established Account may purchase a Voucher. Any User with an established Account may redeem a Voucher. By paying the price for the Voucher, the Voucher order is completed and the contract between the User and KinoK is concluded. Art. 2.3.2 The Terms and Conditions shall apply mutatis mutandis to the purchase of a Voucher.

2.4.3 Users may purchase a Voucher either for a specific Virtual Tour or in a specified denomination. The voucher can be used by any User to pay the price of the Virtual Tour or part thereof.

2.4.4 Upon payment of the Voucher, the User will receive a Confirmation Email which, in addition to the Voucher order confirmation, will also contain a code for redeeming the Voucher. The Voucher is valid for 12 months from the date of receipt of the Voucher Confirmation Email.

2.4.5 Redeeming a Voucher for a specific Virtual Tour: A voucher purchased for a specific Virtual Tour shall be redeemed by the User when purchasing the relevant Virtual Tour by entering the Voucher code in the relevant field when paying for the Virtual Tour.

2.4.6 Redeeming the Voucher at the stated face value: The User shall redeem the purchased Voucher in the specified nominal value when purchasing any Virtual Tour by entering the Voucher code in the appropriate field when paying for the Virtual Tour; the value of the Voucher shall be deducted from the price of the Virtual Tour. If the price of the Virtual Tour is higher than the value of the Voucher, the User shall pay the remaining part of the price of the Virtual Tour in the manner specified in Art. 2.5.1 of the Conditions. If the price of a given Virtual Tour is lower than the value of the Voucher redeemed for the purchase of that Virtual Tour, the value of the Voucher redeemed to pay for the price of such Virtual Tour will be reduced by the price of the Virtual Tour; the balance of the value of the Voucher may be applied by the User to pay the price of another Virtual Tour, respectively. part of the price of the Virtual Tour corresponding to the balance of the Voucher value. If the full value of the Voucher is not used within its validity period, the User is not entitled to a refund of the amount corresponding to the unused value of the Voucher.

2.4.7 If a User who has not purchased a Voucher redeems a Voucher, a contract is concluded between such User and KinoK at the moment of purchase of the Virtual Tour for which the Voucher was redeemed. By redeeming the Voucher, the User confirms that he/she has read the current version of these Terms and Conditions and the information and instructions regarding the relevant Virtual Tour listed on the Web Portal and further confirms that he/she meets the age restriction requirements, if the age restriction applies to a particular Virtual Tour within the meaning of Art. 3 of these Terms and Conditions.

2.5 PAYMENT OF THE VIRTUAL TOUR AND VOUCHER

2.5.1 Payment of the price for the Virtual Tour or the price of the Voucher can be made through a payment gateway with a payment card that allows you to make purchases via the Internet. Users with a bank account held by a bank based in the Czech Republic can also use the QR code to make a payment to their account.

2.5.2 KinoK shall not bear any costs of the User related to the purchase of a Virtual Tour or a Voucher resulting from the contractual relationship between the User and the bank that issued the payment card to the User or that maintains a bank account for the User, in particular fees for foreign transactions or currency exchange in the case of payment of a Virtual Tour or a Voucher by payment card to a bank account maintained in a currency other than Czech crowns, euros or US dollars.

2.6 TECHNICAL REQUIREMENTS FOR EQUIPMENT

2.6.1 The following minimum technical requirements of the Device must be met for the Virtual Tour to be fully displayed:
– an installed web browser that supports streaming video and audio (KinoK recommends Google Chrome and Mozilla Firefox for users);
– a stable internet connection with a speed of at least 20 Mbit/s (you can test the speed of your internet connection here: https://fiber.google.com/speedtest/);
(hereinafter referred to as “Technical Requirements”).

2.6.2 Virtual Tours are intended for stationary use and KinoK is not responsible for the functionality and/or quality of the Virtual Tour running on the Device that the User is using.

2.6.3 Before purchasing a Virtual Tour, the User is obliged to verify the functionality of the Virtual Tour display on the respective Device by successfully completing a test sample of the Virtual Tour that the User wishes to purchase. A test demonstration is available to Users for each Virtual Tour. The aim of the test demonstration is to provide the User with a preview of the Virtual Tour in the view and quality in which the Virtual Tour will be made available after its purchase. In the event that the Virtual Tour test demonstration cannot be played or the Virtual Tour test demonstration is not of good quality, KinoK does not recommend the purchase of the Virtual Tour.

2.6.4 KinoK is not liable for the functionality and/or quality of the Virtual Tour on the Equipment, in particular if the Equipment is used which does not meet all the Technical Requirements or if the Virtual Tour test demonstration fails.

3. NOTICE OF SERVICE CONTENT

3.1 KinoK informs the User and the User, by agreeing to these Terms and Conditions, acknowledges that some objects and artworks contained therein made available within the Virtual Tour may have sensitive content for some persons, in particular. of a religious nature, and may depict elements of nudity, violence, etc. Virtual Tours with sensitive content are marked and the User, by purchasing a Virtual Tour or a Voucher for such marked Virtual Tour, acknowledges the nature of the content of the Virtual Tour.

3.2 KinoK further notifies the User and the User acknowledges that by agreeing to these Terms and Conditions, some Virtual Tours may be subject to age restrictions. Such Virtual Tours are marked (e.g. tours accessible to Users over 18 years of age are marked as 18+, etc.). By purchasing a Virtual Tour or redeeming a Voucher for a Virtual Tour marked as such, the User confirms and declares that he/she meets the age restriction requirements.

4. SERVICE FAILURE AND CLAIMS

4.1 The Services may not always be available around the clock, in particular due to regular maintenance of KinoK’s hardware and software equipment or outages at service providers used by KinoK in providing the Services, or due to other technical failures beyond KinoK’s control.

4.2 In the event of an outage that causes an interruption of the ongoing Virtual Tour or the inability to view the Virtual Tour for the entire duration of the Term (hereinafter referred to as “Outage”), the User has the right to extend the Term for the period of time during which the Virtual Tour could not be started due to the Outage, but not more than 24 hours.

4.3 In the event that an Outage is detected, the User shall inform KinoK of such Outage by e-mail sent to the e-mail address support@kinok.eu (hereinafter referred to as “Complaint”).

4.4 The User is obliged to provide at least the following information in the Complaint:
– the name and surname of the User;
– the email address that the User uses to log in to his Account, if the User sends a Claim from an email address other than his Account login;
– name Virtual tours;
– the date and time of receipt of the email containing the link to start the Virtual Tour;
– description of the circumstances of the Outage, i.e. in particular, a description of the Device on which the Virtual Tour was launched, if applicable. on which the Virtual Tour failed to start, instead of starting the Virtual Tour, or. the location where the Virtual Tour failed to start, the type of Internet connection of the Device at the time the Virtual Tour was started, and if applicable. at the time when the Virtual Tour failed to start, including the communication of the result of the Virtual Tour test demonstration according to Art. 2.6.3 Condition 4.5 The User is obliged to file a Claim within 48 hours from the moment of discovering the Outage.

4.6 KinoK will process the Complaint as soon as possible, usually within 48 hours of receipt, but within a maximum of 30 days.

5. DATA PROTECTION

5.1 The protection of Users’ personal data is governed by 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 (General Data Protection Regulation or GDPR) and Act No. 110/2019 Coll., on the processing of personal data, as amended.

5.2 Detailed information on the processing of personal data, the rights of Users related to the processing of personal data and the methods of exercising them are provided in the document Principles of personal data processing, which is available on the Web portal.

6. WITHDRAWAL FROM THE CONTRACT

6.1 The Virtual Tour is a digital content that is not delivered on a tangible medium, and by purchasing the Virtual Tour or redeeming a Voucher, the User agrees that the Virtual Tour will be made available to him/her immediately after receiving an email with a link to launch the Virtual Tour to the User’s email address.

6.2 By agreeing to these Terms, the User expressly agrees that KinoK shall commence the provision of the Services to the User before the expiry of the withdrawal period. By agreeing to these Terms and Conditions, the User further acknowledges that he/she does not have the right to withdraw from the contract for the purchase of a Voucher if he/she redeems such Voucher for the purchase of a Virtual Tour within 14 days from the date of payment for the Voucher, even if he/she redeems part of the value of the Voucher or if the Voucher or part of its value is redeemed by another User.

6.3 The User is entitled to withdraw from the Virtual Tour purchase contract only if, after making payment for the Virtual Tour, he/she does not receive a Confirmation Email containing a link to launch the Virtual Tour within 14 days from the date of payment for the Virtual Tour. In all other cases, the User shall not be entitled to withdraw from the contract for the purchase of the Virtual Tour for any reason or for no reason.

6.4 The User is entitled to withdraw from the Voucher purchase contract if, after making payment for the Voucher, he/she does not receive the Confirmation Email containing the code for redeeming the Voucher within 14 days from the date of payment for the Voucher. The User is also entitled to withdraw from the contract for the purchase of a Voucher for a specific Virtual Tour for any reason or without giving a reason, under the conditions set out in Art. 6.6 and 6.7.1 of these Terms and Conditions and within 14 days from the date of payment for the Voucher, but only if the Voucher has not yet been redeemed by the User at the time of sending the notice of withdrawal.

6.5 The User shall be entitled to withdraw from the contract for the purchase of a Voucher in the specified nominal value within 14 days from the date of payment for the Voucher, but only if at the time of sending the notice of withdrawal the Voucher or part of its value has not yet been redeemed and under the conditions set out in Art. 6.6 and 6.7.2 of these Conditions.

6.6 Withdrawal from the contract according to Art. 6.3 to 6.5 of the Terms and Conditions, the User must submit within the time limit and in the manner specified in Art. 6.10 of the Conditions.

6.7 Only the User who purchased the Voucher is entitled to withdraw from the Voucher purchase contract. The consequences of withdrawing from the Voucher purchase contract are as follows:

6.7.1 If the User withdraws from the contract for the purchase of a Voucher for a specific Virtual Tour in accordance with Art. 6.4 of these Terms and Conditions, KinoK shall refund the price of the Voucher to the User without undue delay, no later than 14 days from the date on which Kinok received the notice of withdrawal. Once the User sends a notice of withdrawal, he/she is not entitled to redeem the Voucher. Otherwise, the User is not entitled to a refund of the Voucher price. This applies even if the Voucher has been redeemed by a User other than the User who is withdrawing from the contract.

6.7.2 If the User withdraws from the contract for the purchase of a Voucher in the specified nominal value in accordance with Art. 6.5 or the first sentence of Art. 6.4 of these Terms and Conditions, KinoK shall refund the price of the Voucher to the User without undue delay, no later than 14 days from the date on which Kinok received the notice of withdrawal. If the User has already redeemed a Voucher or part of the Voucher value for the purchase of a Virtual Tour, the User does not have the right to withdraw from the contract. Once the User sends a notice of withdrawal, he/she is not entitled to redeem the Voucher. Otherwise, the User is not entitled to a refund of the Voucher price. This applies even if the Voucher has been redeemed by a User other than the User who is withdrawing from the contract.

6.8 The same means of payment used by the User to purchase the Voucher will be used for the refund of payments upon withdrawal. KinoK will refund the price of the Voucher to the User according to Art. 6.7.1 and 6.7.2 of these Terms and Conditions in the currency in which the price of the Voucher was paid by the User, i.e. in Czech crowns, euros or US dollars. The User does not incur any costs by withdrawing from the contract, except for the costs associated with the return of the price for the Voucher, if applicable. by returning the unused part of the Voucher value resulting from the contractual relationship between the User and the bank that issued the payment card to the User or that maintains a bank account for the User, within the meaning of Art. 2.5.2 of these Terms, which shall be borne by the User.

6.9 Sample withdrawal form
(Fill in this form and send it to KinoK in the manner specified in Article 6.10 only if you wish to withdraw from the contract.)
Notification of withdrawal from the contract
Addressee: KinoK s.r.o., Jana Weisse 1204, 514 01 Jilemnice
I hereby give notice that I withdraw from the contract for the purchase of the Virtual Tour (insert name of Virtual Tour) / Voucher, code: (insert Voucher code)*, purchased on (insert date of purchase of Virtual Tour / Voucher).
The email address I use as my login to the services provided by KinoK is (insert your email address, which is your login name).
Date of receipt of the Virtual Tour/Voucher*: (insert the date of receipt of the Confirmation Email for the purchase of the Virtual Tour/Voucher).
User’s name and surname: (insert your name and surname).
User’s address: (insert your address).
User’s signature: (only if this form is sent in paper form).
Date: (insert the date the form was signed/submitted).
* delete as appropriate

6.10 Withdrawal from the Contract pursuant to this Article 6 of the Terms and Conditions may be sent in paper form by post to KinoK s.r.o., Jana Weisse 1204, 514 01 Jilemnice, or by e-mail to support@kinok.eu.

6.11 Instructions on the consequences of not exercising the right of withdrawal. 6.3 to 6.5 of these Terms and Conditions, his/her right to withdraw from the Voucher Purchase Contract shall expire.

7. FINAL PROVISIONS

7.1 Use of the Services in violation of these Terms is an unlawful act that may give rise to private and, where applicable, criminal liability.

7.2 Any legal actions or factual acts of the User in violation of these Terms, in particular those that could lead to compromising the functionality of the Services provided or that could in any way endanger the copyright or other rights of KinoK and third parties, will be considered by KinoK as a violation of these Terms. In such case, KinoK is entitled to immediately and without prior notice take any measures to prevent such actions or acts, and in particular to prevent the User’s access to the Services, suspend or delete the Account or not allow the User to create a new Account in the future.

7.3 Should any provision of these Terms become invalid, the validity of the remaining provisions shall remain unaffected.

7.4 KinoK is entitled to change or amend the Terms at any time. This provision does not affect the rights and obligations of Users and KinoK arising during the period of effectiveness of the previous version of the Terms.

7.5 Amendment or supplement to the Terms and Conditions pursuant to Art. 7.4 of these Terms and Conditions (hereinafter referred to as “Change of Terms”) will be notified to the User in advance, by means of a notice published on the Web Portal, together with the new version of the Terms and Conditions and the effective date of the new version of the Terms and Conditions. The User has the right to terminate the contract between KinoK and the User as a result of the Change of Terms within 14 days from the date of publication of the notice of the Change of Terms.

7.6 Legal relations arising under these Terms and Conditions and in connection with the use of the Services by Users shall be governed by the applicable laws of the Czech Republic; this also applies to Users who are habitually resident outside the Czech Republic. However, if Users with habitual residence outside the Czech Republic enjoy the protection afforded by the provisions of the law of the country of their habitual residence, which cannot be derogated from contractually under the laws of such country (“Cogent Provisions”), in such cases the Cogent Provisions shall prevail over these Terms to the extent that the Terms conflict with the Cogent Provisions; these Terms shall apply to the remaining extent.

7.7 In the event of a consumer dispute between KinoK and the User arising out of the contractual relations governed by these Terms and Conditions or on the basis thereof, which cannot be resolved by mutual agreement between KinoK and the User, the User may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail address: adr@coi.cz, website: adr.coi.cz.

7.8 These Terms and Conditions come into force on 1.2.2025 and apply to contractual relations between KinoK and Users arising or changed from the date of their effectiveness.