These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the rights and obligations between the provider and the recipient and are an integral part of the service contract. The Provider is Partylive s.r.o., D.Skuteckého 1639/14, 90101 Malacky, ID No.: 47 422 301, registered in the Commercial Register of the District Court of Bratislava, Section Sro, Insert 92224/B (hereinafter referred to as the “Provider”).
Other contact details of the provider:
Correspondence address: D.Skuteckého 1639/14, 90101 Malacky
E-mail: info@www.boosteracademy.eu
The recipient is a natural or legal person who uses the services supplied by the Provider on the basis of the contractual relationship and these GTC (hereinafter referred to as the “User”).
Services are any services provided by a Provider, including electronic services.
Electronic services are services provided through the internet portals boosteracademy.eu (hereinafter referred to as “internet portals”), of which the Provider is the operator (hereinafter referred to as “services”).
The subject matter of a service contract is the provision of any services (hereinafter referred to as a “service contract”).
The contract is concluded between the provider and the user in accordance with Article 2 of the GTC by electronic means at a distance. A contract according to the GTC also means a contract that is not concluded remotely.
On the basis of a service contract, the Provider provides the User as the Customer with the services listed on the Provider’s Internet portals in written, telephone or online form (chat) or via an online conversation.
The Provider also provides online services for the User, which for the purposes of these GTC shall be understood as video recordings provided on Internet portals in the form of video training, video examples from practice, video articles, etc.
By sending an order via any communication channel (by electronic form, e-mail, post, in person or by telephone) or via the Internet portal using the appropriate buy or order instruction or button indicating the ordering action, except for the instruction or button indicating the ordering action. The order becomes binding and, on the basis of the order, a contract is concluded from which mutual rights and obligations arise for the Provider and the User, in particular the obligation for the Provider to provide the User with the ordered service in the specified form and the obligation for the User to pay the price for the service provided.
A non-binding order or similar form of contacting the Provider by the User shall be considered only as a request to send information about the services provided.
In the event that not all the information provided by the User in the order is correct and complete, the Provider shall be entitled to consider such order as duly executed if it is confirmed to the User as the ordering party.
The User is obliged to check and subsequently, if necessary, correct or modify the data provided by the User before submitting the electronic order form.
By placing an order, the User confirms that he/she has read the general terms and conditions for ordering the services listed on the Internet portal.
Upon conclusion of the contract between the provider and the user, the GTC become an integral part of the contract and are binding for both parties.
After the order is created, the user is sent an e-mail confirming receipt of the order.
The user is obliged to check his/her email inbox and all its subfolders (promotions, bulk, spam,…). If an email from the provider appears outside the main folder of the user’s mailbox, he/she will move it to the main folder and add the provider’s email address to his/her address book. In this way, he ensures that the provider’s e-mail is delivered correctly. If the user does not find the provider’s e-mail even after several searches, he/she will ask the provider to resolve the problem by sending an e-mail to info@www.boosteracademy.eu .
The list of services on the Internet portals is a catalogue of commonly supplied services and the provider does not guarantee the immediate availability of all of them. The availability of services will be confirmed to the user on the basis of the user’s request.
The User shall follow the instructions published on the Internet portals and, at the same time, the instructions of the Provider delivered by email or other means of communication.
The Provider is obliged to provide the services with professional care and in accordance with the data and information provided by the User through the Internet portals or otherwise (e.g. by email, telephone, etc.) within the agreed timeframe. The Provider shall not be bound by the User’s instructions that contravene or circumvent generally applicable law. The provider is obliged to inform the user of all important steps in the provision of the service.
The Provider reserves the right to change the appearance and scope of the services, to replace them with similar services and to develop the ongoing services.
If the User’s cooperation is necessary for the fulfilment of the Provider’s obligations, the User is obliged to provide such cooperation to the Provider immediately upon the Provider’s request, in particular, but not limited to cases where the Provider asks the User to send clarifying, correct or additional information and data to the order.
The Provider reserves the right to extend the term of service provision to the User depending on the number of orders received from third parties in a given period. The Provider is obliged to inform the User of this fact without delay. If the user is not interested in the provision of the service at a later date, the provider is entitled to unilaterally withdraw from the contract.
The User is obliged to take over the service at the place specified by the Parties in the order. The time of provision of the service will always be indicated in the order, which will be confirmed by the Provider. In the event of cancellation of the service by the provider, the provider is entitled to unilaterally set a new deadline for the delivery of the service, even repeatedly, of which the provider shall inform the user electronically by e-mail or by telephone.
A shorter delivery time can be negotiated by agreement with the provider.
Access to and use of the web portals is free of charge for users. The content of the Internet portals consists primarily of texts, photographs or images, audio or audio-visual recordings placed on these pages by the provider (hereinafter referred to as “content”).
The content is protected by copyright of the provider or third parties and any use thereof is subject to the prior written consent of the operator, except in the cases provided for by law, for example, if the use of copyrighted works is for personal use, for quotation purposes or for educational purposes.
Clicking on certain links on web portals may leave them and redirect the user to third-party websites. The linked websites are not under the control of the provider and the provider is not responsible for their content or for any damage that the user may incur as a result of such redirection.
The price for the provision of services to the user is always governed by the provider’s price list current at the time of conclusion of the contract. However, the contracting parties may also negotiate the price of the services provided individually.
The provider is a VAT payer and the prices for services are inclusive of VAT.
The price for the provision of a tailor-made service is always paid in advance on the basis of a so-called pre-invoice, which the provider issues to the user after the user has ordered the service before the service is delivered. The user is obliged to pay the pre-invoice within the due date. In the event of failure to pay the invoice duly and on time, the provider is entitled to withdraw from the contract.
The payment shall be deemed to have been made on the date on which it is credited to the Provider’s account.
After payment of the pre-invoice, the provider shall issue a proper invoice in accordance with Act No. 222/2004 Coll. on Value Added Tax, as amended, and shall ensure the provision of the paid service.
The User agrees to the issue and sending of an electronic invoice. The User may withdraw his/her consent to the sending of the final invoice in electronic form by notifying the Provider in writing.
In the event that a service is priced at a price that is obviously incorrect (e.g. 0 euro or 1 euro, etc.), the provider is not obliged to provide the service at the incorrect price. In such a case, the provider may offer to provide the service to the user at the correct price. If the user does not agree to the correct price, the user may withdraw from the contractual relationship.
If, for reasons on the part of the user, the agreed scope of the service provided is changed, the changed price as well as all costs incurred by the provider in connection with such a change shall be charged from the date of the change by the provider.
Invoices can be paid in the following ways:
online payment via payment gateway
By payment card
The delivery of the service shall be deemed to be the personal provision of the service to the user at a place agreed in advance by the parties.
The provision of access data to the user’s internet portals is considered to be the supply of an on-line service.
The User is obliged to notify the Provider by email (to the email address info@www.boosteracademy.eu) of the non-compliance of the provided service with what was the subject of his/her order immediately after he/she discovers the non-compliance.
If the user is not satisfied with the service provided, he/she may submit a complaint to the provider by email (to the email address info@www.boosteracademy.eu) or by post to the provider’s correspondence address, stating the name of the service, the date of its delivery and the reason for the complaint. As a rule, the Provider shall handle complaints within 30 days from the date of receipt of the complaint.
If the user does not accept the ordered service within the validity period specified in the order, the user’s right to the provision of the service is terminated and the provider is not obliged to refund the amount paid by the user, thus forfeited as a contractual penalty.
The User may request the Provider to change the date of delivery of the service up to two times. If the user does not accept the ordered service even on the second changed date (or requests a change of the date of service delivery), the provider is entitled to a contractual penalty in the amount of the total price of the services and at the same time the user ceases to have the right to provide the service. The Provider shall be entitled to payment of the contractual penalty pursuant to the previous sentence of this clause of the GTC immediately after the expiration of the second changed service delivery date or the third request for a change of the service delivery date. Any withdrawal of the user from the service contract shall not affect the provider’s entitlement to payment of the contractual penalty under this clause of the GTC. The Parties agree that the Provider shall be entitled to set off its claim for payment of the contractual penalty under this point of the GTC against the User’s claim for reimbursement of the price paid for the service (in the event of the User’s withdrawal from the service contract).
If the user requests a change of the date of service provision on the date agreed by the parties as the date of service provision, if the user fails to appear at the pre-agreed place of service provision on the agreed date of service provision, the provider shall be entitled to a contractual penalty in the amount of the total price of the services and at the same time the user shall forfeit the right to the provision of the service. The Provider shall be entitled to payment of the contractual penalty in accordance with the previous sentence of this point of the GTC immediately after the expiry of the 2nd time of the changed service delivery date or the third request for a change of the service delivery date. Any withdrawal of the user from the service contract shall not affect the provider’s right to payment of the contractual penalty under this clause of the GTC. The Parties agree that the Provider shall be entitled to set off its claim for payment of the contractual penalty under this point of the GTC against the User’s claim for reimbursement of the price paid for the service (in the event of the User’s withdrawal from the service contract).
If the user withdraws from the service contract on the date on which the service is to be provided by agreement of the parties, the provider shall be entitled to a contractual penalty in the amount of the total price of the services. The Provider shall be entitled to payment of the contractual penalty pursuant to the preceding sentence of this point of the GTC immediately upon delivery. The Parties agree that the Provider shall be entitled to set off its claim for payment of the contractual penalty under this point of the GTC against the User’s claim for reimbursement of the price paid for the service.
The contract may only be amended or supplemented in writing by mutual agreement between the user and the provider.
The contract between the provider and the user is concluded on a per-order basis, unless the parties agree otherwise.
If the contract has been concluded in written form, the individual provisions contained in the written contract, which differ from the content of these GTC, shall prevail in the interpretation of the provisions relating to the content of the legal relationship.
The contract shall terminate in the cases provided for in the GTC, in particular by expiry of the period for which the contract was agreed, by written agreement between the user and the provider or by written withdrawal from the contract by one of the parties, which may be done without giving any reason.
The User is entitled to withdraw from the service contract at any time. In the event of withdrawal from the contract after payment of the price for the provision of the service by the user, the provider is obliged to return to the user the performance so provided.
The provider is obliged to return to the user without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the user on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this is without prejudice to the provisions of Section 8(5) of Act No. 102/2014 Coll.
Withdrawal from the contract by the user shall not affect the provider’s right to payment of the contractual penalty under Article 6. GTC.
The Provider is entitled to withdraw from the contract after its conclusion or not to confirm the order in case of incorrectly filled in data, missing data or other discrepancies in the order, unless the User provides immediate correction even after the Provider’s call for their completion or removal.
The User is entitled to exercise his right to withdraw from the contract in writing by mail to Partylive s.r.o., D.Skuteckého 1639/14, 90101 Malacky or by e-mail to the e-mail address info@www.boosteracademy.eu. A sample withdrawal form for consumers is provided at the bottom of the GTC.
When exercising their right to withdraw from the contract, the User shall provide their data (name, surname/name, address/residence, email address), the withdrawal from the service contract with the exact name of the service, the date of the binding order and also the date of sending the withdrawal from the contract.
The user has the right to delivery of the service in the quality, time and place agreed with the provider.
User acknowledges and agrees that:
the same moral, ethical and legal rules apply to the use of services as to any other form of public use of information;
the content of these services is modified from time to time at the discretion of the provider, who may change or remove any part of the content or cease to provide or operate them altogether at any time without prior notice or consent of the user;
the Provider may at any time check whether the User is using the Service within the scope and under the terms and conditions set out in the GTC and verify compliance with them.
The User undertakes to provide true, complete and accurate information when ordering the Service and to notify the Provider in writing of any changes to his/her identification information. In the event of a breach of this obligation, the data provided in the User’s last registration shall be decisive and the User shall be liable for any damage caused to the Provider.
The User is obliged to protect the login data against loss, theft or misuse. At the same time, the user is obliged not to provide access data to a third party, otherwise the provider is entitled to suspend the provision of services.
The Provider provides the User with the possibility to use the services listed on the Internet portals in accordance with the GTC for a fee, while the Provider has the exclusive right to any interference with these services or the GTC.
The Provider shall have the right to limit, interrupt or stop the provision of services for reasons of necessary administration, maintenance or repair, without prior notice to the User or his consent, for the period of time strictly necessary to carry out the necessary administration, maintenance or repair.
The Provider is entitled to publish advertising in the Provider’s electronic media, including contextually targeted advertising.
The user agrees to telephone communication, electronic communication (e-mail, social networks), communication by mail or electronic media (skype, google), and for this purpose provides the provider with his/her e-mail, telephone number and postal address. In the event of a change in these data, the user is obliged to notify the provider. Until such time as the change in contact details is notified, the original details shall be valid for communication.
An information or document delivered by email shall be deemed to have been received on the date of its dispatch. For this reason, both the Provider and the User are obliged to check the content of their email account on a daily basis.
The provider will send documents in Microsoft Word format (*.DOC or *.DOCX) or in another common format (*.rtf or *.pdf). For this purpose, both the Provider and the User are obliged to ensure that their email accounts and the software and hardware equipment of the computer are capable of receiving and reading files in the above formats.
The services offered through the web portal are information services.
The Provider is not liable for any direct or indirect damage caused by the User or third parties on the basis of the information provided by the Provider. The provider is not liable for the success or failure resulting from the use of the information by the user.
The services provided by the provider are not statutory advice or statutory services under specific regulations. The provision of information is of a general, summarising but mainly informative nature.
The Provider assumes no liability for the information contained in the content of the Internet portals.
Articles published on the Internet portals are protected by copyright. The User acknowledges that the services supplied are intellectual property and are protected by copyright and other intellectual property rights belonging to Partylive s.r.o.
The conclusion of the contract between the provider and the user does not transfer any intellectual property rights. Unless otherwise agreed, the user shall have the right to use the services exclusively as an end user in the manner resulting from the nature and purpose of the service. They may not be copied, reproduced, provided to a third party, published or otherwise distributed in any media or by any means without written permission.
The Provider shall not be liable for damage caused to the User, in particular, but not exclusively, by the User providing false or incomplete data in the forms sent to the Provider, if the User has not provided the Provider with sufficient cooperation in the provision of the service without delay, or if the User has altered the content of the documents provided by the Provider in any way in connection with the provision of the service.
The Provider is not liable for damages incurred by the User or third parties as a result of improper, illegal or unlawful use of the Internet portals.
The Provider is not liable and does not provide any guarantee to the User for the uninterrupted or error-free functioning of the Internet portals, for links to other websites or for the speed of the Internet connection used by the User.
The Provider assumes no liability for viruses or other infections of the computer system or other technical devices of the users of the Internet portal.
The Provider is not liable for damages caused by incorrect connection to the Internet portals. The protection of the computer or the data on the user’s computer is the responsibility of the user.
In accordance with the EU EPaR Regulation No 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”) and Act No 18/2018 Coll. on the protection of personal data, the Provider is deemed to be the controller (hereinafter also referred to as “Controller”).
Personal data is any information about an identified or identifiable natural person. An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of that natural person’s physical, physiological, genetic, mental, economic, cultural or social identity.
The controller processes the personal data of the user in the following scope: first name, surname, residential address, telephone number and email address (i.e. common personal data) for the purpose of fulfilling the contract within the meaning of Article 6(1)(b) GDPR. The personal data provided by the user to the controller for the purpose of performance of the contract shall not be provided by the controller to a 3rd party. The controller does not transfer any personal data to third countries. The controller shall keep the user’s personal data for the period necessary for the performance of the rights and obligations arising from the contractual relationship and the exercise of claims arising from this contractual relationship (for 3 years from the termination of the contractual relationship). After the expiry of this period, the personal data of the user shall be deleted.
Pursuant to § 55 (5) of Act No. 351/2011 Coll. on electronic communications, as amended, the provider uses cookies. Details regarding the possibility of changing the user’s browser settings are provided on the provider’s website. Cookies are small text files that can be sent to the internet browser when visiting a website and stored on the user’s device. The Provider uses cookies on the website, which are used here for the purpose of measuring website traffic, targeting advertising, customizing the display of boosteracademy.eu website. Cookies for measuring website traffic and customising the display of the website are processed on the basis of the legitimate interest of the provider. Cookies for advertising targeting are processed on the basis of the user’s consent. The data collected by the provider may be made available to other processors.
Under the conditions set out in the GDPR, the user has the following rights:
the right to know whether his or her personal data are being processed by the controller,
the right to have his or her personal data rectified by the controller so that it is accurate, complete and up-to-date,
the right to have his or her personal data erased by the controller,
the right to restrict the processing of his or her personal data by the controller,
the right to the portability of his or her personal data in electronic form with the controller,
the right to object to the processing of his or her personal data by the controller.
In order to exercise the aforementioned rights, the user may contact the controller in any of the following ways:
by email to info@www.boosteracademy.eu, or in writing to Partylive s.r.o., D.Skuteckého 1639/14, 90101 Malacky, Slovak Republic.
All requests will be dealt with by the operator and users will be informed of the outcome in the same way as they make the request.
The controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
The controller has taken technical measures to secure data storage and storage of personal data in paper form, in particular by securing/encrypting web access, performing regular system updates, performing regular system backups.
The controller declares that only persons authorised by the controller have access to the personal data.
If the user is not satisfied with the processing of his order, the delivered service, he has the right to write to info@www.boosteracademy.eu. If the user’s complaint has not been handled to his satisfaction or he believes that the provider may have violated his rights, he may, pursuant to Act No. 391/2015 Coll. file a petition for the initiation of an alternative dispute resolution. Alternative dispute resolution may only be used by a consumer who is not acting within the scope of his or her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution shall apply only to a dispute between a provider and a user, the value of which exceeds EUR 20, arising out of a consumer contract concluded at a distance. Alternative dispute resolution entity pursuant to Section 3 of Act No 391/2015 Coll. may require the user to pay a fee for the initiation of dispute resolution up to EUR 5 including VAT. The user may submit the application in the manner specified under Section 12 of Act No. 391/2015 Coll. or by clicking on the website.
The invalidity of any part of these GTC shall not affect the validity and effectiveness of the remaining arrangements. In the event that any part of the GTC is or later becomes invalid, the statutory regulation closest in nature to the invalid provision shall apply to regulate the relations of the parties.
Legal relations between the provider and the user not regulated by the GTC shall be governed by the law of the Slovak Republic, in particular Act No. 513/1991 (Commercial Code), and in the event that the user is a consumer who does not act within the scope of his/her business activity, employment or profession when concluding and performing a consumer contract, this contractual relationship shall be governed by Act No. 40/1964 Coll. (250/2007 Coll. (Act on Consumer Protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended) and Act No. 102/2014 Coll. (Act on Consumer Protection in the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Additions to Certain Acts).
These GTC shall cease to have effect on the date of entry into force of the newer GTC.
The current GTC are published for 24 hours a day on the Internet portals and are available in printed form at the provider’s headquarters.
The Provider is entitled to change these GTC at any time, while in the contractual relationship with the User on the basis of an order, the version of the GTC that has been published on the Provider’s Internet portals or is available at the Provider’s registered office as the valid version at the time of placing the order, on the basis of which the contract was concluded, will always be valid.
The terms and conditions of advertising and other advertising services on web portals are secured on the basis of a separate agreement between the provider and the person interested in these services. By visiting and using the web portal, the user agrees to the display of targeted advertising by third parties, based on the use of cookies processed through the websites of these parties.
In Bratislava 12.04.2022
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