Last update: 1.10.2022 19:03

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://jibejaha.cz website (the "Site") operated by Jan Franck ("us", "we", or "our") as these Terms of Service contain important information regarding our limitations of liability. Our address is Přemyslovská 179, 47163 Staré Splavy, Czech Republic. Our telephone number is +420 733 694 574. Your access to and use of this website is conditional upon your acceptance of and compliance with these Terms of Service. These Terms apply to all, including but not limited to, visitors, users and others who wish to access and use the Website.

By accessing or using the Website, you signify your acceptance of these Terms. If you do not agree to any part of the Terms, you do not have our permission to access or use the Website.

Our offers and prices

We offer the following services on this Website. The prices for these services can be found listed on the Website. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be able to select a third-party payment processor to collect your payment information and process your payment. You can make purchases using the following third party payment processors: Apple Pay, Google Pay and Stripe. We are not responsible for the collection, use, sharing or security of your payment information by these third party payment processors. Third party payment processors accept the following payment methods: wire transfer, cash, MasterCard and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information you provide to us and the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer the option to cancel the purchase of services offered on our Website. We offer cancellation only before the service is performed. You may cancel your order by contacting us. You will not be charged a cancellation fee when you cancel your purchase. If you cancel your purchase, we will refund the full purchase price you paid.

We reserve the right to cancel your purchase before the service is performed. We will notify you promptly if we plan to cancel your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund Policy

We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us anytime after your purchase by contacting us.

We offer refunds for purchases of services offered on our website for any reason.

Deposits

We may ask you to provide a deposit for any purchase of services offered on our Website. The deposit is a partial payment of the total purchase price to help cover our actual costs in providing the services.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

Deposits

We may ask you to pay a deposit for purchases of services offered on our website. A deposit is a payment made for the purpose of booking services.

We will issue you a refund of the deposit that you made if you cancel your purchase.

If you cancel your purchase, we will refund your deposit.

Warranty on purchases

We offer the following warranties on purchases of services:

  • Services will be performed with reasonable care and skill;
  • The services are suitable for any stated purpose and desired outcome;
  • Services will be performed within a reasonable time.

This warranty shall apply for 2 years from the date of the purchase.

Except as set forth above and to the extent permitted by law, items or services sold on this website are provided "as is", Except as set forth above, no express warranty applies to items or services displayed or sold on this website. Please note that you may have additional legal rights afforded to you by consumer protection laws. These rights are not affected by these terms and conditions.

Remedies

You agree that the remedy for breach of these terms and conditions as they relate to your purchase is replacement. You also agree that the remedy for any breach of these Terms of Service as it relates to your purchase is the exercise of dispute resolution as set forth below under "Governing Law, Severability, Dispute Resolution, Venue and Class Action Waiver." To the extent permitted by law, these remedies are intended to be your sole and exclusive remedies for breach of these Terms of Service in connection with your purchase.

Accounts

By creating an account on our website, you warrant that you are 18 years of age or older and that the information you provide to us is accurate, complete and up-to-date at all times. Inaccurate, incomplete or outdated information may result in immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.

Comments and content upload

By submitting a comment or uploading content to this Website, you grant Jan Francke a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you post a comment or upload any Content to this Website, you agree that such comment or Content may be viewed by other parties, and it is your responsibility to ensure that the comment or Content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

  • Content that harasses others;
  • Content that is discriminatory or offensive;
  • Profanity and other offensive content;
  • Pornographic and sexually explicit content;
  • Content displaying, depicting or suggesting violence;
  • Content that exploits or abuses children;
  • Content that encourages or commits illegal acts;
  • Content sharing personal information without consent;
  • Content infringing on someone’s rights, including intellectual property rights;
  • Content advertising products or services without our permission;
  • Content whose purpose is spamming others.

Prohibited uses

You agree to use this website at all times in accordance with all applicable laws, rules, regulations and these terms and conditions. The following is a non-exhaustive list of prohibited uses of this Website. You agree not to make any of the following prohibited uses:

  1. Impersonate or attempt to impersonate JIBE JAHA or its employees, agents, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including, but not limited to, spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person from using or enjoying this website or that, in our sole discretion, could harm us or users of this website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Use any robot, spider or other similar automated technology, process or device to access or use the Website for any purpose, including to monitor or copy any material on the Website;
  7. Use any manual process or means to monitor or copy any material on the Website or for any other unauthorized purpose; Use any device, software, means or process that interferes with the proper functioning of the Website, including, without limitation, viruses, Trojan horses, worms, logic bombs or other similar materials;
  8. Attempts to gain unauthorised access to, interfere with, damage or disrupt any part of the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website;
  9. An attempt to attack or attack the Website through a denial of service attack or distributed denial of service attack;
  10. Otherwise attempting to interfere with the proper working of the Website;
  11. Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.

To the extent permitted by law, this Website is provided "as is", No express warranty is made with respect to this Website. Please note that you may have additional legal rights provided by consumer protection laws. These rights are not affected by these Terms.

Availability, errors and inaccuracies

To the extent permitted by law, we are not responsible for the availability, errors or inaccuracies of information, products or services provided on this website. There may be delays in updating information on this Website and in our advertising on other websites. The information, products and services provided on this Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you become aware of an error on this Website or on invoices or orders sent by us, please notify us immediately using the contact details below. The inclusion or offer of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Jan Francke be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, in connection with, or in any way related to your access to, viewing or use of this Website or the delay or inability to access, view or use this Website, including, without limitation, your reliance on any opinions or information contained on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether under theories of contract, tort, strict liability, consumer protection laws or otherwise, even if Jan Francke has been advised of the possibility of such damages.

This limitation of liability reflects the allocation of risk between you and us. The limitations set forth in this section shall survive and apply even if any limited remedy set forth in these Terms of Use is found to have failed of its essential purpose. The limitations of liability set forth in these Terms of Use are for the benefit of Jan Francke. Jan Francke's total liability arising out of or relating to this website, whether arising in breach of contract, tort (including negligence) or otherwise, is limited to the amount of fees actually received by Jan Francke from you.

Note that you may have additional statutory rights provided to you under consumer protection laws. These rights are not affected by these terms.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties, not by us. We provide these hyperlinks for your information only. We do not control these websites and are not responsible for their content or the privacy or other practices of these websites. Further, it is your responsibility to take steps to ensure that any link you click on or software you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, Trojan horses, bugs and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply that we endorse the material on those websites or that we are affiliated with their operators.

Intellectual Property and DMCA Notices and Procedure for Intellectual Property Infringement Claims

All content on this website is the property of ©2022 JIBE JAHA or third parties. All rights reserved. Unless otherwise indicated, this Website and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, images, information, data, software, sound files and the arrangement thereof (collectively, the "Content"), are the property of JIBE JAHA and are either registered trademarks, trademarks or otherwise protected intellectual property of JIBE JAHA or third parties in the Czech Republic and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Jan Francke at venca@jibejaha.cz.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes your intellectual property rights, you or your agent may send us a written notice of such infringement entitled "Infringement of Intellectual Property Rights - DMCA". Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work you claim has been infringed, including the URL (i.e. website address) of where the work or a copy of it is located;
  3. Your name, email, address and phone number;
  4. And your statement that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly completed or incomplete. You may be liable for damages, including but not limited to costs and attorneys' fees, for any false statement or bad faith claim of infringement of your intellectual property rights by content on this website.

You may submit your claim to us by contacting us at:

Jan Francke
venca@jibejaha.cz
+420 733 694 574
Přemyslovská 179, 47163 Staré Splavy, Czech Republic

Applicable law, severability, dispute resolution and jurisdiction

These Terms shall be governed by and construed in accordance with English law without regard to its conflict of laws provisions. These Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code or the Incoterms.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

Any disputes or claims arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in England.
Changes to Terms of Service

We reserve the right to change these Terms of Service at any time. We will promptly notify you of any changes to these Terms of Service by posting the updated Terms of Service on this website.

Questions

If you have any questions about our Terms of Service, please contact us at venca@jibejaha.cz.