CoachRufus Services Terms and Conditions

 

Article I

Basic provisions

1. The Terms and Conditions govern the contractual relationship between the Provider of CoachRufus Internet application and the User, created under the License Agreement concluded in accordance with Art. 40 et seq. of the Act No. 618/2003 Coll., the Copyright Act, as amended (hereinafter the “Copyright Act“) and the Terms and Conditions of use of the Coach Rufus Internet application.
2. The purpose of the Terms and Conditions are the rights and obligations of the parties under the terms and conditions of the License Agreement and the use of the Coach Rufus Internet application by the Users.

 

Article II

Definition of Terms

1. The Provider of the Couch Rufus Internet application is the company:

Trade Name :         Team Management s.r.o.

Registration:          registered with the District Court Bratislava I, section Ltd., Insert No.

112324/B

Official Seat:           Cezmínová 5, Bratislava

Trade ID No.:          50 353 527

Tax  ID No.:             2120304263

Represented by:          Martin Konársky, the Executive Officer

Tomáš Nagy, the Executive Officer

E-mail:                             info@coachrufus.com

2. The User is any natural person who created a user account on the website app.coachrufus.com, www.coachrufus.com and thus accepted these Terms and Conditions of Use. The User can be a Manager, player or substitute according to the type and scope of services.
3. The Manager is a user who has established a sports team and has concluded the License Agreement with the Provider with the subject of granting the License to use the Coach Rufus Internet application in order to create one or more sports teams for one or more team members.
4. The Team member is a user who is listed within the list of members.
5. The Player is a user who was described by the Manager as the player.
6. The Service means all the equipment, tools and services that are part of the Coach Rufus Internet application and are provided to users through the website app.coachrufus.com, www.coachrufus.com. The Coach Rufus Internet application is a tool for the sports team Managers.
7. The User Account is an account of the user containing their personal data and data relating to its sports team and sports results.
8. The Login data is data that the user must enter when entering into their user account (username, password).
9. Content refers to all the sound recordings, video recordings, audio-visual recordings, text, graphics, software and other data that can be saved and created, used in connection with the use of services.
10. The Supervisory Authority is the Slovak Trade Inspection Inspectorate SOI for the Bratislava Region, Department of supervision, with its official seat Prievozská 32, P. O. Box 5, 820 07 Bratislava, phone number 02/58272 172, Web: www.soi.sk.

 

Article III

Copyright

1. The Coach Rufus Internet application (hereinafter the “Service”) is considered to be the copyright work of the Provider who carries out all the personal and property rights of the author in accordance with the Act No. 618/2003 Coll., the Copyright Act
2. The service is accessible to the user under the License agreement concluded between the Provider and Manager
3. Any use of the work, namely the creation of a copy of its public dissemination, processing, translation and adaptation, public display, performance or transmission without the prior permission of the author is prohibited.
4. The content published by the Provider on the website app.coachrufus.com and www.coachrufus.com falls under the copyright law. Content of the website is freely accessible to users who can use it solely for the purpose of service. Any use of the work, namely the creation of a copy of his public dissemination, processing, translation and adaptation, public display, performance or transmission shall require the consent of the Provider. The use of the work for other than for defined purposes is prohibited without the prior written consent of the Provider.
5. The Content created by the User using the Service is the User´s property. The Provider is not responsible for this content or has no responsibility towards the user or any other third party. The user provides Provider of unlimited, unconditional, transferable and royalty-free License to use the content that has been posted at the Coach Rufus Internet application. The License authorises the Provider to use this work for the provision of services through the Coach Rufus Internet application, especially to create a copy, distribute it publicly or process it. Erasing the contents by the user means the License expiry, unless the content is shared by other users.

 

Article IV

User Account

1. The User is entitled to use the services provided by means of their user account.
2. The User is entitled to create an account using the registration form on the website app.coachrufus.com and www.coachrufus.com or through an existing user account on the Google website or Facebook social network.
3. The User expresses their acceptance with the Terms and Conditions stated herein by creating their User Account.
4. The User is required to state true data on the registration form in the extent specified by the Provider.
5. The User acquires an access to the services under the License stated when creating the user account.

 

Article V

License Agreement

1. The disclosure of the trading conditions on the website app.coachrufus.com, www.coachrufus.com is considered as a proposal for the conclusion of a License agreement. By accepting the terms and conditions by creating a user account on the website app.coachrufus.com, www.coachrufus.com and subsequent formation of the management team is considered as the License agreement conclusion.
2. The Confirmation of the conclusion of the License agreement will be automatically sent to the Manager.
3. On the basis of the License agreement, the Manager grants a limited, non-exclusive and transferable License to use the service.
4. The service can be used only under License granted by the Provider under the Terms and Conditions of these License terms and conditions of service and the extent of free or paid License.
5. Content of the License granted means the consent of the Provider to the use the works of the Manager to create one or more sports teams and of related services and the possibility of Manager to give its consent to the use of services other users.
6. The Manager is entitled to assign the rights and obligations under the License agreement to another user, provided that the assignment expresses the Manager´s consent.

 

Article VI

Terms of Payment

1. The Manager acquires the right to use the available free of charge service package FREE by entering into a License agreement which lasts throughout the duration of the License agreement. The Manager is entitled to choose the charged package of services PRO.
2. Any team member is entitled to pay the License fee.
3. The License fee and terms of payment shall be governed by valid price list published on the website of the Provider.
4. The Manager or any team member is entitled to choose one of the following payment methods:

a/On-line payment using the credit card

The Manager shall pay the License fee using the credit card on-line.

b/Gopay

Manager shall pay the License fee using the Gopay service.

5. The Manager or other team members acquire a right to use the charged package for the duration of the charged Licence by paying the license fee. The charged license is automatically renewed for the next selected period by paying the license fee.
6. The licence fee payment is automatic by setting the credit card or GoPay, without the need of the payment personal authorization. The User by agreeing with this terms and conditions gives explicit consent with the automatic payment of the License fee using the User´s credit card or the Gopay account without the need of a separate card authorization by the card holder. The automatic payment of the License fee is for an indefinite period, whereas the user can change it or cancel it in the Settings of the User´s account at least 24 hours before the due date of the paid License. The frequency of the automatic payment of the License fee from the user´s credit card depends on the period selected for the assigned charged license. Maximum amount of the debited transaction is the License Fee for the selected period in accordance with the current price list.
7. The User acknowledges that by accepting these terms and conditions the User explicitly agrees with the fact that in the event the User was provided the discount for the License Fee for the initial period, the User shall not be provided with the further discount and the license fee paid by the automatic payment using the credit card will be deducted in full.
8. The License Agreement shall be automatically prolonged by paying the license fee in the extent of the charged services.
9. The paid License fee is not subject to refund.

 

Article VII

Activation of the Services package

1. The Provider shall undertake to make available services included in the chosen charged package by the next working day following the License fee credited to the account Provider.
2. Services included in the selected package are available throughout the duration of the selected License. Unless the User cancels pre-set automatic billing of the License fee, the User shall be delivered a notification on the purchase of a new license 15 days before the end of the validity of the selected license. If the Manager does not pay for a new License after the expiry of the initial License, the charged services for the sports team shall not be accessible.
3. The License agreement shall terminate after the expiry of the paid License validity regardless whether the Manager or other users use the services included in the chosen package. If the Manager did not use the services included in the chosen package, the Manager is not entitled to refund of the paid License fee. The License Agreement within the scope of the free License shall remain unchanged.

 

Article VIII

Rights and Obligations of the Contractual Parties

1. The User is obliged to proceed in accordance with the Terms and Conditions stated herein, the terms and conditions of the service and the valid legislation.
2. The User is obliged to proceed in a manner preventing the unauthorized access into their User Account. The User is obliged to take all the measures to prevent the leakage of the login data; otherwise the User is liable for the damage incurred by the Provider.
3. The Provider shall make services available to the User within the scope of the License granted continuously online via the website app.coachrufus.com or www.coachrufus.com. User acknowledges that due to the update service, repair, maintenance and force majeure may be a temporary interruption of the service. The Provider shall not be liable for the temporary suspension of the service or for any loss of User data.

 

Article IX

Method of the Works use

1. The services may be used only by person covered by the License. The service is to be used only under the condition of creating a User Account.
2. The description of the individual services provided by the Provider shall be published on the website www.coachrufus.com, or app.coachrufus.com.
3. The User is obliged to act in accordance with the Terms and Conditions stated herein, the Terms and Conditions of Use and the valid legislation when using the service.
4. The User undertakes not to use the services in the manner which shall threaten or violate rights and legally protected interests of the Provider and the Third Parties.
5. The User undertakes to store and publish only the content that does not violate the law and which does not circumvent the law and is not contrary to good morals. The User undertakes to refrain from storing and dissemination of such content that infringes the rights and lawful interests of the Provider and third parties, such as the rights arising from intellectual property.
6. The Provider is entitled to delete the content with which the User breaks the law or circumvents the law, which harms the Provider or the Third party. The Provider is entitled to, among other things, also change the name of the sports team that would be damaged by the intellectual property rights of Third Parties.
7. The Provider shall not be liable for any damage to the rights or legitimate interests of third parties caused by the User.
8. The User is obliged to compensate the damage incurred by the Provider in respect of acts or omissions by the User which is in breach of these terms and conditions or by law. The User also agrees to reimburse losses incurred in connection with the application of a third party claim, if such damage is caused by the use of services to users contrary to law or in connection with it.
9. The User acknowledges that the Provider is not liable for any damage resulting from the use of the Services or in connection with it.
10. The Provider is not liable for the loss, misuse, or other interference with the content of the User.

 

Article X

Warranty

1. The Provider provides the License to use the work and services made available to the User contained in the individual packages such as “as is”. Provider makes no warranty service.
2. Any risk associated with the use of services is borne by the User. Provider accepts no liability for any damage incurred by the acquirer using the service, users or other third party, or in connection with it.

 

Article XI

Duration and Termination of the License Agreement

1. The License Agreement shall be concluded for the indefinite period. The License for chargeable services is granted for one month or one year. The License is automatically extended after the automatic or manual payment of the License Fee for the next period.
2. On expiry of the period for which the chargeable License is granted, the License agreement in this section shall expire if there is no payment of the License fee for the next period. License Agreement in the range of royalty-free License shall be retained within the Package FREE.
3. Before the expiry of the period for which a License fee is paid, you can only terminate the contract by notice. The Provider has the right to terminate the contract if

a) the user violates the Terms and Conditions hereof, the Terms and Conditions of Use, the Copyright Act or other relevant legislation,

b) the User violates the rights or legally protected interests of the Provider or the third party,

c) the User allows an unauthorized person to use the services

d) the User damages the reputation of the Provider.

The License agreement shall be deleted the day following the day on which the notice was delivered to a Manager by e-mail.

4. The Provider is entitled to suspend the use of services, i.e. deactivate sports team, if it deems sufficient, under the reasons set out in paragraph 4 of this Article. At the same time with a disabled sports team Provider prompts the user to perform the corrective action.
5. The Provider reserves the right to suspend the use of services, i.e. to deactivate sports team in the event that after the transition from pack to pack FREE, sports team consists of several members, or has set a higher number of Managers, as the package FREE accepts. The Provider shall inform on the temporary suspension of the Manager and asks him to reduce the number of team members / Managers so that the number in accordance with the package FREE.
6. The Manager has the right to cancel the team anytime. The Manager and other members are unable to access to the team after it is cancelled. The Provider is entitled to cancel it and remove all content also in the event it is inactive for more than two years. The License agreement expires by the team cancellation.
7. The Manager is not entitled to a refund of an aliquot of the payment for the License fee in the event of the termination of the contract before expiry of the period for which the License was granted.

Article XII

Amendments to the Contract Content

1. The Provider reserves the right to change, amend, add or cancel any provision hereof anytime.
2. The Provider reserves the right to change the price of the License Fee even during the License Agreement duration.
3. The User shall be informed on the changes to the Trade Terms and Conditions and changes of the price for the Licenser Fee not later than 14 days before the changes become effective and valid by sending the private message using the User´s Account.
4. If the User does not agree with the changes to the terms and conditions, the User is entitled to terminate the contract in 10 days since the delivery the notification on the changes to the terms and conditions by written letter sent to the Provider using the User´s Account or by team deletion.
5. Unless the User terminates the License Agreement within the stated period after the delivery of the notification on the changes to the terms and conditions, it is considered that the User unreservedly agrees with the changes to the terms and conditions no matter if the User got familiarized with the changes to the Terms and Conditions.
6. If the User does not agree with the price of the License Fee, the User is entitled to terminate the License Agreement by failing to pay the License Fee for the next period or in the event the User have set the automatic payment of the License Fee, by cancelling the automatic payment not later than 24 hours before the validity of the paid license expires. If the User does not cancel the automatic payment of the License Fee in time for any reason, it is considered that the User agrees with the price of the License Fee.
7. The changes or amendments hereof become valid and effective the moment they are published on the website www.coachrufus.com, app.coachrufus.com.
8. The change to the price of License Fee becomes valid the day it is published on the website www.coachrufus.com, app.coachrufus.com and it becomes effective for the User the day the License Fee is paid.
9. The Provider reserves the right to change the extent and character of the provided services within the prepaid package anytime, especially to change, amend, remove or add functions to the services package without the prior notice. The change to the extent and character of the services provided within the prepaid package is not considered to be the change to the trade terms and conditions so the Provider does not notify the User on such change.
10. In the event of the change to the extent or character of the services provided within the prepaid package, the User is not entitled to any compensation, nor to the refund of the paid license fee.

 

Article XIII

Withdrawal from the Contract

1. The Manager´s, who is a consumer, withdrawal from the License Agreement shall be governed by the relevant provisions of the Act No. 102/2014 Coll. on consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated away from business premises of the seller. The consumer is entitled to withdraw from the distance contract or of contracts negotiated away from business premises of the Seller without giving a reason within 14 days from the date of conclusion of the contract.

The withdrawal of a License contract shall run from the date of creation of the team and acceptance of the terms and conditions. If the Provider provides Managers who has chosen the chargeable package, a 30-day free trial period to test the selected service package (i.e. Free trail), 14 day deadline for withdrawal is counted in the 30-day period. Therefore, it is not possible to withdraw from the contract after the end of the FREE TRAIL.

2. The consumer may exercise the right of withdrawal by the seller in writing, by e-mail at info@www.coachrufus.com or sending to the address of the Provider. The consumer may use the withdrawal form.
3. The period for withdrawal shall be deemed as observed if the notice of withdrawal was sent to the seller no later than on the last day of that period.

1. The consumer cannot withdraw from the contract in case of a contract having the services as the subject of the contract if the provision of the contract has begun with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal after full disclosure services, and there is a full services rendered in accordance with Article 7 (6) (a) of the Act No. 102/2014 Coll.,
2. In the event of the contract withdrawal, the Provider is obliged without undue delay, within 14 days of receipt of the notification of withdrawal, to reimburse all payments received from him under contract or in connection therewith, including the cost of transportation, delivery and postage and other costs and fees.

 

Article XIV

Dispute Resolution

1. The Parties agree that the contractual relationship between the Provider and the Manager of the legal relationship between Providers and Users, as well as all legal relations related thereto shall be governed by the legislation of the Slovak Republic.
2. The Contractual Parties agree that in case of dispute, they shall fall under the jurisdiction of the Slovak Republic
3. In the event of a dispute between the User, who is a consumer, and the Provider, the consumer is entitled to contact the Provider to request corrective action, unless the consumer is satisfied with the way the complaint is resolved or if it considers that the Provider violated their rights. Request for redress can be sent by e-mail to the e-mail address info@www.coachrufus.com. In the event the Provider the Provider responds negatively to the request or fails to respond to the request within 30 days from the date of mailing, the consumer is entitled to initiate the alternative dispute resolution at any alternative dispute resolution entity.
4. The terms of the alternative dispute resolution are regulated by Act No. 391/2015 Coll. on Alternative Dispute Resolution.
5. The consumer may file an alternative dispute resolution to the appropriate alternative dispute resolution entity which is a legal person registered within the list maintained by the Ministry of Interior or the Slovak Trade Inspection (www.soi.sk).
6. The consumer may file a complaint through the alternative dispute resolution platform RSO, operated by the EU. The complaint may be submitted by completing the online form at http://ec.europa.eu/consumers/odr/index_en.htm. The Consumer is entitled to choose among alternative dispute resolution entity.
7. The Dispute Resolution by any of the alternative dispute resolution entities may be claimed only by the Consumer. The Consumer is a natural person who, in concluding and performing the contract, does not act within the scope of his business, employment or occupation.
8. Alternative dispute resolution refers only to disputes arising from consumer contracts concluded at a distance
9. The Alternative Dispute Resolution entity is entitled to refuse the proposal in the defined cases, for example, if the assessed value of the dispute does not exceed the sum of € 20 or, if they give the consumer application after the expiry of one year from the date of receipt of a negative reply from the Seller or vain expiration of the 30 day time limit for responding to the requests.
10. The Alternative Dispute Resolution is basically free. Alternative dispute resolution entity is entitled to ask the consumer a fee for initiating the Alternative Dispute Resolution maximum of € 5.
11. The Alternative Dispute Resolution entity proceeds in alternative dispute resolution so that the dispute is resolved as quickly as possible, to avoid unnecessary delays, acts efficiently and without unnecessary and disproportionate burden on the parties and other persons; if possible, in the communication they shall prefer using the phone call and the electronic means.
12. The Alternative Dispute Resolution entity shall terminate the alternative dispute resolution within 90 days from the date of commencement. In particularly complex cases, the Alternative Dispute Resolution entity is entitled to extent the period under the previous sentence by 30 days, even repeatedly. Alternative dispute resolution entity shall be obliged to immediately inform the parties to the dispute under the second sentence stating the reason for an extended period.
13. If the dispute between the parties is not solved by the conclusion of the agreements and the alternative dispute resolution entity on the basis of the facts revealed in alternative dispute resolution, the alternative dispute research entity reaches a reasoned conclusion that the seller breached the rights of the consumer under the regulations for the protection of consumer rights, alternative dispute resolution ends by issuing non-binding reasoned opinion.

 

Article XV

Personal Data Protection

1. The Provider processes the personal data of persons concerned in accordance with the Act No. 122/2013 Coll. on the Personal Data Protection as amended legislation.
2. The information on the processing of personal data is in accordance with the Article 15 (1) of this Act, published in the Privacy section.

 

Article XVI

Final Provisions

1. The Provider reserves the right to provide special discounts or actions to a specific group of users selected by the Provider in order to increase the sales of the services.
2. The User´s profile is public. The User is entitled to change this setting manually to a different one.
3. The Team profile is public. The Team Manager is entitled to change the setting to a different one.
4. If any provision of the License agreement is or becomes invalid or ineffective, it does not cause invalidity or ineffectiveness of the entire contract.
5. The relations, rights and obligations of the parties not governed by these Terms and Conditions shall be governed by the Copyright Act and other relevant legislation of the Slovak Republic.