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Terms of Use

BETONDIS.COM

valid from 1. april 2019

 

Concepts used in these Terms of Use with capitals have primarily the following meaning:

Membership” every visitor of the BETONDIS business platform have a membership status. An unregistered user has a predefined membership status „guest“ that has some limitations over others.

Proofs of Identity” means, for Czech nationals, a valid national identity card or passport issued by the relevant state authorities of the Czech Republic. For foreign nationals it means a valid ID, passport or residence permit issued by relevant state authorities, and/or other documents verifying the identity of the Customer. For corporations it means a current certificate of incorporation or a similar piece of evidence, or other documents confirming the existence of the corporation and the authorization of the person acting for the Customer.

Marketing Activities” means a set of activities whose goal is to inform the Customer about the products and services of Rock&Land Invest SE, submitting proposals for ordering, mediating or purchases, and to evaluate relevant Personal Data for that purpose, including by electronic means.

Civil code” refers to Act no. 89/2012 Sb., civil code, as amended. “Business Platform” refers to the web server and applications publicly accessible at www.betondis.com, or applications for mobile devices.

Authorized Person” means a person who possesses the customer’s right to access the account in the Business Platform. If the Customer is a natural person, the Authorized Person is always the same as the Customer.

Personal Data” includes the name, surname, address, national identification number, contact information, identity card details, state citizenship and sex of the Customer and the Authorized Person, as well as data representing the credibility and solvency of the Customer. Personal Data does not include any sensitive information as defined in the Act on the Protection of Personal Data.

Terms” refers to these Terms of Use for the Customers of Rock&Land Invest SE, including all addenda, particularly the Commission Conditions and Fee Schedule

Fees” means fees and other costs which Rock&Land Invest SE charges in relation to offering services on the Business Platform. The Fees are usually deducted in the form of Credit Points from the Customer’s Credit Point Account.

Offer and Demand” are the tools of the Business Platform by which the Customer indicates to the Business Platform and other Customers his intention to demand or offer Products.

Product” is any good, service, or commodity which the Customer offers, demands, or promotes through the Business Platform. “Commission” is the sum, expressed as a percentage or in absolute          numbers,                     which             Rock&Land                       Invest      SE     charges        the Customer from the mediated transaction. Specific commission rates are included in the Commission Conditions and Fee Schedule, which are an integral part of these Terms of Use.

Rock&Land Invest SE” represents Rock&Land Invest SE, a company incorporated and existing under the laws of the Czech Republic, whose registered office is at Na poříčí 1079/3a, 110 00 Prague 1, identification number 0616317, registered in the Commercial Register maintained by the Municipal Court in Prague, section H, item 1966.

Commission Conditions and Fee Schedule” means the Fee Schedule of Rock&Land Invest SE, or an equivalent document under another title by Rock&Land Invest SE, which specifically states the current rates of Fees for the Services of the Business Platform, and the rates of Commissions from transactions. “Services” means all services which Rock&Land Invest SE offers to the Customer, particularly through the Business Platform. “Administrator” means Rock&Land Invest SE and any member of the Rock&Land group who processes Personal Data in accordance with the Terms.

Data” means any data and/or pieces of information which Rock&Land Invest SE receives in relation to offering services, including Personal Data.

Customer” is a natural or legal person to whom is provided services by Rock&Land Invest SE according to the Terms of Use, or any natural or legal person who expresses interest in providing Services on the Business Platform.

Act on the Protection of Personal Data” refers to Act no. 101/2000 Sb., on the protection of personal data, as amended.

 

B.     GENERAL PART

 

1.            INTRODUCTORY PROVISIONS

 

1.1   These Terms set out the rules which guide the relations between Rock&Land Invest SE, offering services through the Betondis.com Business Platform, and the Customer. The relationship between Rock&Land Invest SE and the Customer originates when the Customer’s account on the Betondis.com Business Platform is created, and when the Customer accepts these Terms.

1.2  These Terms are an integral part of all arrangements between Rock&Land Invest SE and the Customer in relation to offering Services of the Business Platform.

1.3  By creating an account on the Business Platform, the Customer acknowledges that he has read the Terms and agrees to comply with their provisions, and that he is duly informed of the Commission Conditions and the Fee Schedule of the Business Platform, as well as other documents related to the services of the Business Platform.

1.4   The Customer is obliged to ensure that the Authorized Person who acts in the name of the Customer on the Betondis.com Business Platform has been duly acquainted with the Terms of Use and with the Commission Conditions and the Fee Schedule.

 

2.            DATA PROTECTION

 

2.1   Rock&Land Invest SE will provide access to the Customer’s Data only in cases when when it is legally authorized or required to do so, or when such disclosure is made with the consent of the Customer.

2.2   The Customer and the Authorized Person agree that their Personal Data can be processed by the Administrator, and shared among Administrators, for these purposes:

purposes with the consent of the Customer or the Authorized Person

arranging and fulfilling of contracts

assessing risks between the Customer and any member of the Rock&Land group

carrying out Marketing Activities in accordance with the law providing Rock&Land Invest SE Services

recovery of debts, execution of reinsurance or in other cases of claims against the Customer in court, arbitration, or in front of another authority or in the context of other procedures, provided this does not conflict with the law.

The Customer and the Authorized Person agree that the Administrator will process their Personal Data for the purposes listed above and within the scope outlined above, starting the giving of their consent, and terminating with the closure and deletion of the account on the Business Platform by any of the Administrators. The Customer consents to the processing of

Personal Data by opening an account on the Business Platform, and by accepting the Terms.

2.3. Data, including Personal Data, are provided by the Customer on a voluntary basis, unless otherwise provided in the law. However, if the Customer does not provide the data required by the Rock&Land Invest SE Corporation, Rock&Land Invest SE is entitled to refuse to open a Customer account or any other arrangement, or to provide any other service of the Betondis.com Business Platform to the Customer.

2.4 Following a written request, the Customer can obtain information on the scope of his Personal Data, on the purpose and nature of its processing, on the recipients of the Personal Data, and on the Administrators. The Customer can also obtain information about the recipients of his Personal Data and on the Administrators at the headquarters of Rock&Land Invest SE. The Customer can also request that the Administrator correct the Personal Data, if he finds that the Personal Data processed by some of the Administrators are erroneous. If the Customer finds that the Administrator processes, or appears to process, his Personal Data in conflict with valid legislation, the Customer or the Authorized Person is entitled to request either an explanation or correction of the issue. Notwithstanding the provisions in this paragraph, the Customer may, in the event of a breach of the Administrator’s obligations, contact the Data Protection Office and request corrective action.

2.5 The Administrator is entitled to request an adequate fee for providing information according to Article 2.4 of these Terms. The fee shall not exceed the costs necessary to provide such data.

 

3.            COMMUNICATION AND DELIVERY

 

3.1    Unless otherwise agreed, communication between the Customer and Rock&Land Invest SE can be carried out through personal meetings, telephone, mobile phone, post, personal delivery, fax, e-mail, the messaging system of the Business Platform, and other means of electronic communication. Rock&Land Invest SE can agree with the Customer on other means of communication, as well.

3.2   The Customer acknowledges that, in the case of electronic communication via mobile phones, fax or e-mail, the data transferred can be lost, destroyed, delivered incomplete or delayed, illegally obtained, used, or misused. Rock&Land Invest SE therefore does not assume any liability for the misuse of information sent through these means. Rock&Land Invest SE and the Customer are always bound to act so that the risk of such loss of data is limited as much as possible.

3.3   Rock&Land Invest SE can ask the Customer to confirm communication not made in writing (including in electronic form), by means of a written statement addressed to the Rock&Land Invest SE Corporation. If the customer does not send such confirmation, Rock&Land Invest SE can, but does not have to, act in accordance with the statement in question.

3.4  In cases Rock&Land Invest SE deems appropriate, the printed signature of a person authorized to act on behalf of Rock&Land Invest SE may be used instead of a hand-written signature. This applies especially to cases of mass correspondence, or to cases of correspondence generated by Rock&Land Invest SE automatically.

3.5  When using the Business Platform or other means of electronic communication, the Customer is bound to identify himself in an agreed manner, or in a manner which does not give rise to doubts as to the identity of the person carrying out the task or communication.

3.6   Rock&Land Invest SE can record and archive all the communication between Rock&Land Invest SE on the one hand, and the Customer on the other hand, by any technical means.

3.7   Rock&Land Invest SE will send all written documents to the Customer’s address stated in the contact information in the Business Platform. The Customer will send all written documents to the address Rock&Land Invest SE.: Na poříčí 1079/3a 110 00 Prague, Czech Republic.

3.8   Mail sent by fax will be considered delivered the moment the fax machine of the sender prints out a confirmation of successful delivery. Correspondence sent by electronic mail will be considered delivered the moment the mail server of the recipient confirms its delivery, unless otherwise agreed.

 

4.            BETONDIS.COM ON-LINE BUSINESS PLATFORM

 

4.1   Rock&Land Invest SE will provide the Customer, through the Business Platform, with information about the Customer’s account and business opportunities, offers, and demands.

4.2   Rock&Land Invest SE will send to the email address specified by the Customer, or by other agreed means, the Customer’s user name and password for access to the Business Platform. After logging in to the Business Platform, the Customer can change the password at any time.

4.3   The Customer is required to make sure that no other third person knows his user name and password for the Business Platform. The Customer is obliged to immediately notify Rock&Land Invest SE about any unauthorized access to the Business Platform the Customer is aware of or suspects. Based on such information, Rock&Land Invest SE will immediately disable the Business Platform, and, at the Customer’s request, will issue new security features necessary to access the Business Platform.

4.4 Rock&Land Invest SE cannot guarantee that the Business Platform will not be affected by technical and/or other malfunctions, outages, delays in operation or transfer, or disruptions in the functioning of the Internet, or virus attacks, unauthorized attacks by third parties, or system failure. Notwithstanding the fact that Rock&Land Invest SE takes measures to ensure proper and secure operation of the Business Platform, Rock&Land Invest SE will not bear any responsibility for any damages resulting from the above-mentioned malfunctions of the Business Platform, including partial or full inaccessibility to the Business Platform.

4.5 Rock&Land Invest SE will take reasonable measures to ensure that any information provided by Rock&Land Invest SE to the Customer through the Business Platform is a precise reflection of the information stored in the information systems of Rock&Land Invest SE, and if the information is provided by a third party, that the information precisely reflects the information that Rock&Land Invest SE receives from such third party. Rock&Land Invest SE, however, does not guarantee that the information provided by Rock&Land Invest SE to the Customer through the Business Platform will be free from errors and/or inaccuracies.

 

5.            DEMAND AND OFFER

 

5.1   One of the important rights for the Customer with a paid account on the Business Platform is the possibility to publish through the Business Platform his Offers and Demands for Products.

5.2   Each offer and demand is subject to the approval of the Administrator of the Business Platform. The Administrator of the Business Platform has the right to reject any Offer or Demand. The Business Platform charges no fees for an offer which has been rejected by the Administrator.

5.3  The Administrator of the Business Platform also has the right to withdraw any Demand or Offer which has already been published on the Business Platform, with no need to state a reason for doing so. In such a case, the Customer’s Credit Account will be refunded in the number of Credits which the Customer paid for publishing the Demand or Offer.

5.4  The Customer acknowledges that publishing Offers or Demands which are untrue or unrealistic, as well as publishing Offers or Demands for a Product whose exchange, production or possession is considered illegal in the given country, is not allowed on the Business Platform. Violation of this provision is considered an especially serious breach of these Terms.

5.5  The Customer acknowledges that it is not permitted in Offers or Demands to link in any way to Internet content outside the Business Platform. This provision does not apply to the publishing of premium ads.

 

6.            IDENTIFICATION

 

6.1  In order to provide services and ensure proper identification of the Customer, Rock&Land Invest SE may require that the Customer presents his Proofs of Identity or other documents and necessary information under certain circumstances for proper identification. This shall be done in line with legal requirements and general precautionary measures taken by Rock&Land Invest SE.

6.2  The Customer is obliged to prove his identity before he enters his first legal relationship with Rock&Land Invest SE, and subsequently every time he is asked by Rock&Land Invest SE to do so.

The Customer is obliged to prove his identity by presenting his Proofs of Identity, and, if it is under circumstances deemed necessary for identification, also by presenting other documents or pieces of information.

6.3   Rock&Land Invest SE can refuse service if the Customer does not present his Proofs of Identity or other documents or information that Rock&Land Invest SE considers necessary under the circumstances.

6.4 Based on the consent for the processing of Personal Data, given by the Customer when opening his account and accepting these Terms, as well as in line with relevant laws, Rock&Land Invest SE is entitled to create and keep for its own purposes copies of the Proofs of Identity or other documents submitted by the Customer.

6.5 Rock&Land Invest SE acts in good faith when accepting the content and the validity of the presented Proofs of Identity as well as other documents and information. Rock&Land Invest SE is not obliged to accept all documents and information, if there reasonable doubt about their validity or accuracy. Rock&Land Invest SE is not obliged to accept documents in languages other than Czech or English. Rock&Land Invest SE can request an official translation to Czech or English of documents written in other languages.

 

7.            LIMITED LIABILITY OF ROCK&LAND INVEST SE

 

7.1  Rock&Land Invest SE will not be liable to the Customer for any damages which the Customer may incur in buying, selling, or any other transaction carried out on behalf of an offer, demand, or information published on the Business Platform.

 

8.            MEMBERSHIP IN THE LIST OF CUSTOMERS

 

8.1   In order for the Customer to use the services of the Business Platform, it is necessary to register and obtain membership in the list of Customers.

8.2    Immediately after registration and approval by the Administrator the Customer obtains a basic FREE membership, which provides him with basic access to the Business Platform so that he can get acquainted with it. However, the Customer cannot create Offers or Demands or order advertising. Nor does he have access to the details of individual offers or demands. A member with FREE membership also has no access to premium categories. Membership is limited by expiration; each membership expires after 365 days. It is possible to apply for a free extension of FREE membership.

8.3   Each Customer is entitled to purchase a higher level of Membership, which provides him with access to additional valuable functions and tools. The current list of levels of membership with their access rights as well as the price list is available at https://betondis.com/membership-plans.html.

8.4  A membership of any level can end by expiration, i.e. at the end of the agreed upon period, or by obtaining another level of membership, or by cancelation of the membership by the Administrator due to serious breach of the Customer’s obligations towards the Business Platform.

8.5  Membership at any paid level can be extended by purchasing a new membership. A membership can always be extended by a maximum of 365 days.

8.6   The Customer also has the option to have his membership extended automatically on the last day of his membership. In such a case, the Customer does not need to worry about anything, and his membership will be extended automatically, upon confirmation of payment by a credit card or PayPal account.

 

9.            SET-OFF

 

9.1   Rock&Land Invest SE may unilaterally set-off its claims in relation to the Customer at any time and without prior notice (whether these are due or not, whether they are current or future, real or conditional, regardless of the currency in which they are expressed, or the legal relationships from which they originate, and regardless of whether Rock&Land Invest SE has exerted its claim on such debt) against any claims of the Customer on Rock&Land Invest SE (whether these are due or not, whether they are current or future, real or conditional, regardless of the currency in which they are expressed, or the legal relationships from which they originate).

 

10.            CREDITS AND FEES

 

10.1   Fees for the services of the Business Platform will be paid to the Rock&Land Invest SE corporation specifically through credits from the Credit Point Account of the relevant Customer’s account. The Customer orders and obtains these credits through the automated system of purchasing credits, which is part of the Business Platform. Following payment for the credits, or after payment for a membership which includes free credits, the respective number of credits will be added to the Customer’s Credit Point Account.

10.2   After the approval of any paid operation, the Administrator of the Business Platform will notify the Customer by email that the paid operation has been carried out and that the respective number of credits has been deducted from his Credit Point Account.

10.3   Rock&Land Invest SE will not provide a paid service to the Customer if there are not enough credits on his Credit Point Account to carry out the operation.

10.4   Current information on how many credits will be deducted from the Customer’s Credit Point Account is available on the Business Platform in the form of the current Commission Conditions and Fee Schedule. Rock&Land Invest SE reserves the right to unilaterally change the Fees set out in the Schedule at any time.

 

11.            COMMISSION

 

11.1 The Customer who is the selling party pays a Commission for completed transactions mediated by the Business Platform to Rock&Land Invest SE. This Commission is subject to the Commission Conditions and the Fee Schedule, which is an integral part of these Terms of Use, and is published on the Business Platform. The amount of the Commission depends on the specific category and the scope of the transaction, and is set out by the Commission Conditions and the Fee Schedule.

 

12.            SEVERABILITY

 

12.1   If any provision within these Terms or any other mutual arrangement between Rock&Land Invest SE and the Customer is determined to be invalid in any jurisdiction due to being invalid, ineffective, or unenforceable, the validity and effectiveness of the other provisions will not be, to the maximum extent allowed by Czech law, affected in any other jurisdiction.

12.2    Rock&Land Invest SE and the Customer agree that in such circumstances, they will substitute a valid, effective, and enforceable provision, which will have identical effect as the old provision (to the maximum extent allowed by the law), for the invalid, ineffective, or unenforceable provision.

 

13.            CONFIDENTIALITY

 

13.1   Rock&Land Invest SE and the Customer are required to maintain discretion about facts which are subject to business confidentiality. The requirement of confidentiality does not apply to facts which the parties are required to pass to relevant authorities, or other parties, according to obligations imposed by legislation.

 

14.            APPLICABLE LAW AND DISPUTE RESOLUTION

 

14.1    The relationship between Rock&Land Invest SE and the Customer is subject to these Terms and Czech legislation.

14.2   All facts relating to the providing of services to the Customer which are not expressly regulated by the Terms, are subject to the Civil Code as amended.

14.3   The Customer and Rock&Land Invest SE will exercise all effort to solve all disputes in a conciliatory manner, and they will take into account the legitimate interests of both the Customer and Rock&Land Invest SE.

14.4   If a conciliatory solution is not found, the courts of the Czech Republic have exclusive authority to resolve any disputes originating from the relationship between Rock&Land Invest SE and the Customer, or regarding any obligations originating in the providing of the services of the Business Platform.

 

15.            LANGUAGE OF THE DOCUMENTS

 

15.1    If these Terms are written in a language other than in English, the English version will be binding and normative.

 

16.            TERMINATION OF LEGAL RELATIONSHIPS

 

16.1    An Account on the Business Platform can be cancelled by either party with no stated reason and with one month’s notice, which begins on the first day of the month following the month in which the notice of cancellation was delivered to the other party.

16.2    Unused credits in the Customer’s Credit Point Account are not refundable, and in case of cancellation and termination of the Customer’s Account on the Business Platform for any reason on the part of the Customer, they are forfeited to Rock&Land Invest SE.

 

17.            CHANGES IN TERMS

 

17.1    For the purpose of improving the quality of services provided to the Customer, and based on developments in the legal environment, and with respect to its business policy, Rock&Land Invest SE reserves the right to change these Terms.

17.2    Rock&Land Invest SE will inform the Customer about any changes in the Terms no later than fifteen (15) days before these changes are supposed to take effect. The Customer will be notified in one of these ways:

by e-mail

by an information letter

by an internal message on the Business Platform, or

by other appropriate means of written notice

Rock&Land Invest SE will make the new version of the Terms available through the Internet Business Platform Betondis.com. Information about the proposed changes in the Terms will include the date on which the changes take effect, and a notice about the fact that the Customer is obliged to read the updated Terms.

 

PRIVACY POLICY

Your privacy is important to us

We collect your personal information when you register the BETONDIS.COM account or enter information on our site. This helps us provide services that improve your buying and selling experience on BETONDIS.COM These services include personalizing the site for you, communications, and keeping the site safe. You can access, review, and change your personal information at any time.

We don't permit spam on BETONDIS.COM You can choose how we communicate with you by setting your communication preferences. We don't rent or sell your personal information to third parties for their marketing purposes without your explicit consent. For more information, please contact our office.

Download File PDF:  Terms of use betondis.com