Terms and Conditions (hereinafter also referred to as "TC") - these conditions, which regulate in the sense of Section 1751 of Act No. 89/2012 Coll. (hereinafter also referred to as the "Civil Code") mutual rights and obligations between the Client, the Intermediary, and the Provider from the Agreement on the Provision of Veterinary Care. These TC also regulate the rights and obligations between the Provider and Users in connection with access to and use of the Portal.Portal - the website www.tlappka.cz or the application operated by the Intermediary, through which the Intermediary allows Users, respectively Clients, to access Veterinary Care Services. The Services are accessible through the mobile application (for iOS, Android, etc.).Intermediary - Czech business company Buddyvet s.r.o., ID: 17327792, VAT ID: CZ17327792, with its registered office at: nám. sv. Václava 60/12, Stará Boleslav, 250 01 Brandýs nad Labem-Stará Boleslav, registration number: C 369991 registered with the Municipal Court in Prague.Client - a natural or legal person who, in accordance with Article 2 of these TC, enters into an Agreement on the Provision of Veterinary Care through the Intermediary's Portal.Provider – a person with veterinary education, providing Veterinary Care Services through the Portal.User is any person who accesses the website www.tlappka.cz and also the mobile application tlappka.Veterinary Care Services (hereinafter also referred to as "Services") – activities mediated by the Intermediary and performed by the Intermediary's contractual partners (i.e., cooperating persons who have veterinary education) for the Client, consisting mainly in the provision of veterinary consultations. The Intermediary functions in relation to the Client as an intermediary, i.e., its activity consists in mediating Veterinary Care Services through the Portal, but not in the actual provision of these Services. A more detailed description of the Services is defined on the Portal.Agreement on the Provision of Veterinary Care (hereinafter also referred to as the "Agreement") – a contractual relationship between the Provider and the Client realized through the Portal, the content of which is regulated by these TC and the subject of which is the provision of Veterinary Care Services by the Provider for the Client under the conditions stated in these TC.
2.1. The Agreement on the provision of Veterinary Care Services is concluded based on an order placed by the Client in the form of a question asked through the Intermediary's Portal (hereinafter also referred to as the "Order"), confirmed by the Provider. Confirmation of the Order is considered the Provider's response to the Client's question through the Portal. The Agreement is effective at the moment of its conclusion, i.e., by the Provider confirming the Order.2.2. A necessary prerequisite for the use of the Services by the Client or the use of the Portal by the User is the expression of consent to these TC. Unless proven otherwise, it is assumed that the Client or User consents to these TC in one of the following ways: A) by placing an Order; B) by paying the price for the Services; C) by the actual use of the Services by the Client; D) in another way from which the consent of the Client or User to these TC is apparent.2.3. By expressing consent to these TC, the Client or User confirms that they have read these TC and agree with them, in the wording valid and effective at the moment of granting consent according to this article.2.4. These TC are an integral part of the Agreement, i.e., the content of the Agreement is determined by these TC and these TC regulate the rights and obligations arising from the Agreement. These TC are prepared in electronic written form and are available on the website www.tlappka.cz.2.5. The Intermediary is not responsible for the result of the activities of third parties (Providers) who provide the Services through the Portal. In this case, the Intermediary only mediates the possibility of providing the Service to the Client.2.6. Nothing in these TC imposes an obligation on the Intermediary to mediate the provision of the Service to the Client. The Provider is also entitled, in particular, to refuse to provide the Service if the requested Service would be contrary to applicable legal regulations, good morals, or otherwise contrary to the legitimate interests of the Provider, the Intermediary, or third parties.2.7. Users accept that all information and recommendations provided through the Portal or application are provided based on available knowledge and in good faith as general recommendations, not as specific instructions for particular cases. The User acknowledges that the final decisions and actions taken based on this information and recommendations are at their own risk and responsibility.
3.1. The Provider provides Services to the Client through the Portal:i) within the framework of an annual membership, where an unlimited number of consultations is available. A consultation is understood as the time period from the moment a question is asked through the Intermediary's Portal until (the moment that occurs first): a) the Client confirms to the Provider the proper receipt of the Services (i.e., the consultation has ended with the Client having no further questions and the Provider closing the consultation conducted through the Portal) or b) 48 hours have passed since the last communication conducted through the Portal between the Client and the Provider and the Client has had no further questions for the Provider during this time.ii) within the framework of a six-month membership, where the number of questions and answers is not limited by length, but by the time frame. The consultation can only last 24 hours.3.2. Exercise of rights from defective performance: Unless otherwise resulting from established practice between the Provider and the Client or in case of doubt, it is considered that the Services were properly provided also if (the moment that occurs first): a) the Client confirms to the Provider the proper receipt of the Services or b) 48 hours have passed since the provision of the Service and the Client has not raised any objections to defects in such performance.3.3. To avoid doubts, the Intermediary and the Client explicitly agree that the Intermediary is entitled to use general information about the provided Services for the purpose of informing third parties (so-called references), in the form of presentation on the Intermediary's website or in promotional materials, always in a manner that does not damage the good name and legitimate interests of the Client.
4.1. The Client is obliged to provide the Provider with all necessary cooperation to ensure the proper provision of the Services.
4.2. The Client is obliged to pay the price for the Services as specified in Article 6 of the TC.
4.3. The Client undertakes not to use the Service or the Portal in a manner that would lead to the violation of the rights or any harm to the Intermediary and third parties.
4.4. The Client is obliged to provide true contact information when ordering the Service for the purposes of fulfilling the Agreement and to keep this information up-to-date. The Client bears full responsibility for any consequences arising from incorrect, false, or outdated information.
5.1. The Provider is obliged to provide the Services based on the Client's inquiries submitted through the Portal.
5.2. The Provider reserves the right to refuse to provide Services at its own discretion, especially if the Client's requests are contrary to good morals or legal regulations or against the interests of the Provider or the Intermediary, or if the Client requests services that aim to suppress basic human rights and freedoms or are otherwise offensive, racist, or immoral.
5.3. The Provider may also provide the Service through third parties.
5.4. The Intermediary is entitled to change (i.e., also supplement) these TC; this does not affect the rights and obligations of the contractual parties arising during the effectiveness of the previous version of the TC. The Intermediary will notify the Client of the change by email to the Client's email address provided in the Order (or maintained in the database) of the Intermediary and/or by publishing the new version of the TC on the Portal.
5.5. The Client has the right to reject changes to the TC within 5 business days from the notification of the change and to terminate the commitment for this reason with a notice period of 1 month, which the contractual parties agree is sufficient given the nature of the Services. During the notice period, the provisions of the previous TC will apply to the relations between the Client and the Provider. To avoid any doubts, the contractual parties hereby declare that the Client fully accepts the change in the TC by paying the price for the Service, which will be required after such change in the TC.
6.1. The price of the Services is listed on the Portal on the website: www.tlappka.cz, as well as in the tlappka application and is paid by the Client upon conclusion of the Agreement (for annual or semi-annual membership).
6.2. The price can be paid:
- online via Apple Pay or Google Pay or by using the Stripe payment gateway
- or by other means enabled through the Portal.
6.3. After the Client pays the price for the Service, the Intermediary will issue an invoice (tax document) for the mediation of the Service to the Client, which will be sent in electronic form to the Client's email provided in the Order or made available for download to the Client through the Portal. The invoice (tax document) for the mediation of the Service will correspond to the price of the Service and include all the Intermediary's costs for mediating the Service. The paid price for the Service will be settled by the Intermediary with the Provider under the conditions agreed between them.
6.4. The Intermediary is entitled to change the prices of the Services (i.e., semi-annual or annual membership) continuously, with a written notification (email is sufficient) to the Client made at least 2 weeks before the price list change is applied. However, the price change will not affect the already existing annual membership period.
7.1. The Agreement is concluded for the duration of the Service (for the duration of annual, semi-annual, or monthly membership).
7.2. The Intermediary is entitled to withdraw from the Agreement in the event of a material breach of the Agreement by the Client. A material breach of the Agreement is particularly considered:
- repeated delay of the Client in paying the due amount billed by the Intermediary to the Client according to the Agreement;
- delay of the Client in paying the price for the Service or any other financial obligation under the Agreement longer than 5 business days;
- repeated breach of any other obligation of the Client under these TC and/or the Agreement.
7.3. Upon withdrawal from the Agreement, all rights and obligations of the contractual parties cease (with effect ex nunc), except those that, due to their nature and according to the will of the contractual parties, are to persist even after the termination of the Agreement, particularly the rights and obligations contained in the provisions on compensation for damages, contractual penalties, confidentiality obligations; and the Client's obligations to settle liabilities, especially to pay the agreed price for the Service.
7.4. The Client (who is a consumer) expressly requests the Provider to commence performance under the Agreement immediately after its conclusion, i.e., before the expiry of the withdrawal period under Section 1829(1) of the Civil Code. The Provider, therefore, informs the Client that they do not have the right to withdraw from the Agreement under Section 1829(1) of the Civil Code.
7.5. Within the first annual membership, the Client may withdraw from the Agreement within 14 days of its conclusion and request a refund of the paid price reduced by the performance provided until the moment of withdrawal from the Agreement according to this article. After 14 days, the right to withdraw and request a refund of the paid price can no longer be exercised. Withdrawal according to this article can be delivered electronically through the tlappka application with a formulation such as: “I withdraw from the agreement on the provision of veterinary care, I request a refund of the proportional part of the annual/monthly membership to my bank account no. …………../………”.
7.6. In case of the death of an animal, the Client will be refunded the proportional part of the price within the annual membership from the moment a veterinary report or a confirmation of the animal's death by a veterinarian is submitted, for example, through the tlappka application.
8.1. Protection of the Client’s and User’s personal data can be found here: https://www.tlappka.cz/gdpr.
9.1. The contractual parties are obliged to maintain confidentiality about facts that constitute trade secrets and confidential information of the other contractual party.
9.2. The contractual parties are mutually obliged to inform each other of all facts not mentioned in the Agreement that may affect the fulfillment of obligations under the Agreement.
9.3. Where these TC refer to the Client, it shall be understood to reasonably include the respective User.
10.1. Questions of liability for damages and compensation for damages are governed by the applicable laws of the Czech Republic, particularly the Civil Code.
10.2. The Intermediary is not responsible in any way for the provision of Services. All rights related to defective performance in connection with the provision of the Service by the Provider must be asserted by the Client with the Provider.
10.3. The Intermediary is not responsible for damages caused by force majeure, such as natural disasters, natural events, accidents, public telecommunication network outages, war, or terrorist events.
10.4. The Intermediary is not responsible for the behavior of individual Clients or Providers or their use of the Services, especially if it is not in accordance with these TC or the law, nor for any damage and harm thus caused.
10.5. The Intermediary is not responsible for any payments, transactions, or transfers that the Client makes or for which they pay the price for the Service. The operators of these payment (transaction) services and portals are responsible for these. The Client acknowledges that if they use the option (if such an option is offered by the Portal) to “remember the payment card”, the Intermediary is not the data controller of the payment card information. The Intermediary is therefore not responsible for the misuse of personal and payment information by a third party. The Intermediary has no possibility or right to verify whether the data provided through the payment gateway is provided by an authorized person and whether the respective payment means is controlled by an authorized person.
10.6. In case it is proven beyond any doubt that the Intermediary is liable for damage (harm), the liability of the Intermediary is limited to the maximum amount of the price for the provided Service, and if this limitation of liability to the price of the Service is invalid, then to the value of all payments made by the Client through the Portal.
10.7. The User agrees and acknowledges that all content and recommendations provided on the Portal or in the application are provided as general information and do not assume any warranty or liability for specific results. The User is aware that any decisions or actions taken based on these recommendations are made at their own risk.
11.1. Contractual relationships arising under these business conditions are governed exclusively by Czech law, especially the Civil Code, in its valid and effective wording.
11.2. All disputes between the parties arising from the Agreement or in connection with it shall be resolved primarily by mutual agreement and without unnecessary delays. In the event of a dispute with the Intermediary or Provider, the Client, who is a consumer, is entitled to contact the Czech Trade Inspection Authority (ADR department) with a proposal to initiate an out-of-court dispute resolution. The requirements of the proposal, the description of the proceedings, and other information regarding out-of-court dispute resolution are available on the website www.coi.cz.
11.3. If the parties do not reach a solution according to the previous paragraph, they may refer to the competent general court at any time, except as provided in Article 11.4. TC below.
11.4. If the Client is not a consumer, all disputes arising from these business conditions and in connection with them will be finally decided by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its rules by a single arbitrator appointed by the chairman of the Arbitration Court.
11.5. If any provision of these business conditions is or becomes invalid, ineffective, or unenforceable, the provision that comes closest to the invalid provision shall apply instead. This does not affect the validity, effectiveness, and enforceability of the other provisions of the business conditions or the business conditions as a whole.
11.6. These TC are issued in Czech. The Client acknowledges and agrees that if the Provider prepares or provides a translation of the Czech language version of the TC (e.g., into English), this translation is for informational purposes only, and in the event of discrepancies between the language versions, the Czech version of the TC shall prevail.
11.7. These business conditions are effective from February 2, 2024.
