General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as the “Terms“) apply to contracts negotiated via the website dailystrikers.com (hereinafter referred to as the “website”) between
DailyStrikers s.r.o., with registered office at Rybná 716/24, Staré Město, 110 00 Praha 1,
Registration No 07185103,
is not subject to VAT,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 296162,
Delivery address: Rybná 716/24, Staré Město, 110 00 Praha 1, Czech Republic
Telephone number: +420 724 780 341
Contact email: email@example.com
as the provider of the services
and you as the customer.
- GENERAL PROVISIONS
1.1 What is the purpose of the website and what paid services do we provide?
You can read articles about the game “Esports fantasy prediction” on our website and you can also play the game for free on it after you register. You can also buy membership at our website and gain access to more benefits.
If you buy membership on our website, we provide you mainly access to VIP articles about Esports, and access to premium features of our Esports game.
You are obligated to comply with relevant parts of these Terms even if you haven’t bought a membership at our website.
Please note that we do not guarantee that the advices on how to play the Esports game which are stated on the website will secure better results in a game.
When playing the “Esports” game, you are obligated to comply with the license and the terms and conditions of the author of the game.
1.2 Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are an individual person and your order is not connected to trade, business or profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms.
1.3 What governs our legal relationship?
Our legal relationship is governed by the contract, which consists of the following documents:
- the Terms, which define and specify our mutual rights and obligations;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- our offer (presentation on the website) and your acceptance (subscription order);
and in any matters not covered by the contract are our reciprocal rights and obligations governed by the following legislation:
- Act no. 89/2012 Sb., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Sb., on Consumer Protection, as amended (only if you are a consumer).
Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.4 How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms when registering on the website.
1.5 What else should you know concerning the Terms?
In the case of nullity, inefficacy or inapplicability of any provision of the Terms (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. The validity of other provisions is not affected by such cases.
We are allowed to alter or amend the Terms. Your rights and obligations are always governed by the version of the Terms amended in the time of its emergence. It is possible to alter or amend the Terms in written way only.
2. REGISTRATION ON THE WEBSITE
2.1 How can you register on the website?
If you want to fully use the website (e. g. gain access to more articles or play the Esports game), you need to register on the website. By the registration via the registration form situated on the website a user account is created. Keep the access data to the user account in secret. We are not responsible for any misuse of the user account by a third party.
Information provided within the registration must be truthful and complete. We are authorised to delete an account, created with false or incomplete data, without any compensation. In case of change of your user details we recommend their change in the user account without undue delay.
2.2 For which purposes is user account created?
Through the user account you can manage the user account, participate in the Esports fantasy prediction game and access other features of the user account which are stated on the website.
2.3 When do we have the right to delete you user account?
Note that we have the right to delete your user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.
3. THE CONTRACT OF SUBSCRIPTION
3.1 How to order the subscription?
If you want to become a subscriber at our website, we need to conclude the contract of subscription. Presentation of services on the website is our offer for concluding a contract. You can order the subscription via registration form or via your user account. The price and the duration of the membership is always stated on the website.
We will send you instructions on how to pay the subscription fee using the payment gate GoPay or payment service PayPal. Any other payment methods and potential extra fees connected with some payment methods are stated on the website.
Your obligation to pay the subscription fee is fulfilled as of the moment we receive the respective payment at our bank account. If we won´t receive the price when it is due, we have the right to withdraw from the contract.
3.2 What is the content of the contract of subscription?
The contract of subscription is not concluded in writing. The contract of subscription consists of the Terms, the presentation of services on the website and your order of the subscription. The contract of subscription is concluded as of the moment we receive your subscription order. The contract of subscription is concluded in English, unless we agree otherwise.
The contract (including the Terms) is maintained by us in an electronic form. The contract is not accessible to third parties, but we will send it to you via e-mail or it can be printed and sent per post at your request.
If you are a consumer, you can withdraw from the contract within 14 days from the day of conclusion of the contract. If you check a respective box during ordering the subscription, you give us your consent with activating your membership as of the moment the subscription fee is paid. Please note that if the membership was activated before the 14 days period based on your consent, you are, in case you withdraw from the contract, obligated to pay us a part of the agreed price proportional to the performance we provided to you until the time of withdrawal from contract in accordance with Section 1834 of the Civil Code. We recommend you send a notice of withdrawal from the contract to our contact email.
3.3 How does the payment of the subscription work?
The payment of the subscription works on principle of “repeated payments”. After the first payment you will be asked to authorize the settings of the payment. After that, the payments will then be made automatically and regularly (monthly/yearly) in the same amount.
If you want to end the payments, please inform us via our contact e-mail or change the settings in your user account. We will confirm the acceptance of your request without undue delay. The next payments will be stopped. If you want to renew your subscription after it was ended, you will need to authorize the settings of the payment again.
3.4 How long is the subscription period?
You can choose the subscription period in the registration form or in your user account.
3.5 Can you get your subscription fee back?
Please note that we do not return subscription fee that has been paid. Your membership always lasts for the period which you paid for. This section shall not apply in case you withdraw from the contract.
4. THE PROVISION OF SERVICES
If you have created a user account and subscribed to the membership, you can gain access to benefits which the membership offers. Some of these services are also available to nonsubscribed users. We will activate your membership within 24 hours of the moment we receive the respective payment at our bank account.
4.1 How can you gain access to VIP articles?
You can gain access to VIP articles after you sign in to your user account with activated membership. You can access some VIP articles after you sign in to your user account even when you are not a subscriber.
4.2 How can you collect Points?
You can collect Points mainly by playing Esports Fantasy game. You can collect Points even if you are not a subscribed member.
4.3 How can you obtain gifts?
You can access a reward room on the website (in your profile) where you can change your collected Points (in accordance with Article 4.2. of the Terms) for goods that are available in the reward room.
5. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925 of the Civil Code).
5.1 What if your membership has not been activated after you paid the subscription fee?
If your membership has not been activated after you paid the subscription fee, please contact us immediately using our contact details (e-mail, telephone or delivery address). For faster processing, please attach a document evidencing the payment. If your warranty claim is justified, we will activate your membership without undue delay.
5.2 What are your other rights from defective performance?
As a service provider, we are liable that the service have no defects and that it is provided in accordance with the contract. This means that:
- the content of the service corresponds to the description on the web interface or to our communication relating to the contract;
- the service is provided on an agreed date and lasts for an agreed period of time;
- service is provided with appropriate expertise and care.
Assert your warranty claim with us by telephone, e-mail, in writing or in person at our head office or any service establishments without undue delay from the discovery of the defect, preferably along with the defect in the service. Additionally found defects must be claimed without undue delay after you learn about them. At the latest, the service defect may be claimed within six months of service.
In the case of a legitimate complaint, you can choose in particular some of your following rights:
- free of charge (in particular, additional service or substitute services);
- a reasonable discount on the cost of the service;
- withdrawal from the contract (only if such a defect is a significant violation of contract).
When applying for a claim (or immediately afterward), please let us know what solution for your complaint you have chosen. If you do not choose any solution, you are entitled to free of charge service or a reasonable price discount.
Rights from defective performance do not belong to you if you have known the defect before service or if you have caused a defect yourself, in particular by violating these business terms or legal regulations.
The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.
Inbox warranty claim is handled promptly; in the event of a disputed claim we will decide of its acceptance within three working days from the date of assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period. The warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise.
If you will request a right that can’t be conferred to you (particularly in the case of irremovable defects, or in the case of replacement which is not possible), we will contact you without undue delay. In this case you can exercise another right mentioned in this Warranty Claim Guidelines.
You will be issued a written confirmation about the date of assertion, information about the content of the warranty claim and which right from the defective performance you have chosen. After the warranty claim is settled you will be issued the information about the date and method of the settlement of the claim, including confirmation about remedy made and about repair time or written reasoning of the refusal of the warranty claim.
In accordance with the Civil Code you are also entitled to reimbursement of the costs reasonably incurred in asserting the warranty claim. You must assert this right within one month after the time limit for claiming the defect has expired.
6. OTHER INFORMATIONS FOR CONSUMERS
6.1 What permissions do we have for the performance of our activities?
We are a holder of a trade licence. Our activity is not subject to any other permissions.
6.2 How do we handle the complaints?
We handle any complaints via our contact email. Furthermore, you can contact the respective Trade Office or Czech Trade Inspection.
6.3 What rights may you exercise in dispute arising from the contract?
If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with provided services, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
7. COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE
7.1 Is the website content under copyright protection?
The content placed on the website (articles, texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge.
The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.
7.2 Liability and using the website
We are not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website you cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.
If you commit any illegal or unethical act during the use of the website, we are entitled to restrict, suspend or terminate your access to the website without any compensation. In this case, you are obliged to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.
Note that by clicking on certain links on the website you may exit the website and be redirected to websites of third parties.