Ticket Systems s.r.o., Global Exchange Payments, SE, GexPay, SE
The following general terms and conditions (hereinafter referred to as “GTC“) of Ticket Systems, sro , with its registered office at Magnetová 11, Slovakia, 831 04 Bratislava, ID: 47 903 902, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. File No.: 101090/B, Global Exchange Payments, SE , with its registered office at Stará Vajnorská 11 831 04 Bratislava, Slovakia , IČO: 47526661, registered in the Commercial Register of the District Court Bratislava I, section Po, file No. insert number: 2333 / B, GexPay, SE , with its registered office at Lermontovova 17 811 05 Bratislava, Slovakia, IČO: 51722216 , registered in the Commercial Register of the District Court Bratislava I, Section Po, Insert No. Insert No.: 4910 / B (hereinafter referred to as “ Provider ” in the appropriate grammatical form “) are prepared in accordance with § 273 par. 1 of the Commercial Code and form part of every Business Relationship between Ticket Systems, s.r.o. and / or Global Exchange Payments, SE and / or GexPay, SE and another person who enters into a contractual relationship with the company / you,
The Provider is in accordance with Act 492/2009 Coll. About payment services a limited payment service provider may also be a service provider in a limited network.
II. Introductory provisions
1. The GTC define the conditions in a limited network in accordance with Act 492/2009 On Payment Services. The GTC stipulate the basic rights and obligations of each legal relationship between the Provider on the one hand and the Client or Business Partner on the other hand, they are binding for all participants in this contractual relationship, unless the parties expressly agree otherwise in writing. Different written arrangements of the participants, which are contained primarily in specific contracts if they are concluded between the Provider and the Client or the Provider and the Business Partner, take precedence over the provisions of these GTC, unless otherwise agreed.
2. The Agreement between the Provider and the Client or the Provider and the Business Partner, or It is possible to conclude the Provider and another person in writing or electronically via the Provider\’s website, or in another similar way, on the basis of which it is possible to identify (even implicitly) a positive expression of the will of the relevant person with these GTC of the Provider. In case of ambiguity of concluding the contract, it is concluded in accordance with these GTC and is governed by them.
3. The binding relationship arises from the signing of the relevant legal acts between the Client / Business Partner and the Provider or the consent to the conclusion by direct registration in the Provider\’s system.
4. The contract can also be concluded in accordance with § 273 par. 3 of the Commercial Code by accepting the electronic contractual form of the draft Contract filled in by the Client / Business Partner, confirmed by the Client / Business Partner after getting acquainted with the wording of these GTC via the Website. In such a case, the Contract shall enter into force and effect upon acceptance of the draft Contract by the Provider. The acceptance of the draft Agreement by the Provider is announced electronically (a confirmation email message, which is sent to the email address of the Client / Business Partner). In special cases, especially if it is stated in these GTC, if it is in conflict with the law, fair trade or there is a suspicion that the Client will not fulfill its obligations properly and in time the Provider reserves the right not to accept the draft Agreement.
III. Basic definitions and concepts
For the purposes of these GBTC and the entire legal relationship between the Provider and a third party, the following definitions and terms shall be used with the following meanings:
1. E-Ticket: is an electronic voucher (for example, but not just a meal ticket, holiday voucher, credits, etc.) purposefully tied to the provision of services to the Client with the Provider\’s Business Partner or a partner registered in a closed (limited) network. The e-ticket can only be used in the Provider\’s network of Business Partners, under the conditions set out in these GTC and, if applicable. the relevant Agreement. The E-Ticket is usable in the relevant face value as an electronic voucher via a designated electronic application, which is an application for mobile phones or other similar end devices (“ E-Ticket Credit ” ) or in physical form as a paper meal voucher (“ E-Ticket” “), by means of a unique identification code which contains a requirement to register the relevant E-Ticket value for the benefit of the recipient E-Ticket. The Client submits an E-Ticket voucher in the required nominal value by generating a unique identification code, which can be used only once, until it is registered in the Provider\’s system by the person to whom the E-Ticket with the unique identification code was provided, usually the person providing the Service. The E-Ticket voucher is valid only if the price for the voucher in the submitted value was paid and at the same time the E-Ticket voucher in the submitted value was not previously used and registered in the Provider\’s system for the benefit of another person, or only another account of the same person. By registering the relevant value of the E-Ticket in the Provider\’s system in favor of another person (Client / Business Partner) or another account, the person in favor of the account whose registration was obtained acquires the right to its further use as a valid E-Ticket in the relevant nominal value. The Business Partner to whom the request to register the E-Ticket in the Provider\’s system in the relevant value is submitted is obliged to provide the Client with the Service in the given value, and after providing the Service or delivery of goods he is also entitled to resell the E-Ticket in the relevant nominal value to the in accordance with these GTC.
2. Client: is a natural or legal person who has entered into a business relationship with the Provider and is, or may be, the provision of the Service. The specific categories of Clients are:
a. Employee: is a natural person who is in an employment relationship with the Employer and uses a catering service in accordance with Section 152 2 of Act no. Act No. 311/2001 Coll., The Labor Code as amended by the E-Ticket and
b. Employer: is a legal entity that provides a catering service in accordance with Section 152 2 of Act no. 311/2001 Coll., Labor Code, as amended, for its Employee / Employees through the E-Ticket.
An Employer or an Employer is considered to be a Client for the purposes of these GBTC and a contractual relationship with the Provider and applies to it all rights and obligations as well as to the Client unless stated otherwise.
3. Business Partner: is an entrepreneur who is authorized to provide the Services in accordance with these GTC and has entered into a binding relationship with the Provider, the subject of which is, will be or may be the provision of the Service or goods.
4. Identifier: This is unique to the Client or Business Partner in the Provider\’s system, which allows it to be identified in the Provider\’s system and to assign the appropriate E-ticket value. The identifier of the Client / Business Partner is usually his / her email address, telephone number. The Client / Business Partner and the Provider may, in specific cases, by agreement, also provide another identifier. The identifier is not a personal data of the Client / Business Partner.
5. Provider: is the trade company Ticket System, s.r.o., based in Magnetova 11, 831 04 Bratislava, ID: 47 903 902, registered in the District Court Bratislava I, Section Sro, insert number: 101090 / B, who is the person authorized to mediate the Services;
6. POS Terminal: is an electronic device equipped with an advanced application that allows multiple E-Ticket bills to be stored in bulk and performs a larger number of transactions with E-Tickets placed in shorter terms.
7. Services: are individual services provided by the Provider to the Client through the operations of Business Partners. Specific services are understood primarily as a catering service in accordance with § 152 para. 2 of Act no. 311/2001 Coll., The Labor Code as amended, the service of providing another form of catering or the service of providing food and food, or. another service agreed by the Business Parties and provided by the Business Partner. The Provider provides services for the Client through electronic E-Ticket meal vouchers usable in the operations of Business Partners.
By providing a specific serviceshall mean in particular the provision of food suitable for catering to the Client as an Employee in accordance with Section 152 2 of the Labor Code, in particular by providing one hot meal including a suitable drink during a work change or other diet or other food for the Client. Appropriate meals can also be considered vegetarian meals for an Employee or other similar food that is capable of providing him with sufficient nutrition to perform work. The provision of the Service may also be the provision of a drinking regime in accordance with the Decree of the Ministry of Health no. 544/2007 Z.z. details and protection against heat and cold loads at work. Tobacco products and alcoholic beverages can not be considered suitable for the Employee.
8. Website: Website www.gexpay.com , www.gexpay.sk , which are the official websites of the Provider, through which, resp. its subpages / domains of a lower category, email accounts and connected applications, it is possible to carry out communication between the Provider and the Client / Business Partner.
9. Agreement: is a binding legal relationship to provide Customer Service through Business Partner operations between the Provider on the one hand and the Client or Business Partner on the other. Providing services is provided by the Provider on the basis of a contractual relationship with the Client (Contract with the Client) and at the same time based on a contractual relationship with at least one Business Partner (Trade Partner Agreement). The contract shall be made in accordance with Article II 3 or 4 of these GBCs. Each of these Contracts is also covered by these GTCs, other related documents governing the terms of the engagement and these GTC or the Contract refer to them, The Client / Business Partner has expressly agreed to their wording.
IV. Use of electronic vouchers
1. The Client is entitled to purchase the E-Ticket at any nominal value that will be given to him as the value of the E-Ticket electronic voucher by creating a special personalized account in the Provider\’s system and assigning the required E-ticket or attributing the required E-ticket the account created on the basis of the Agreement was created earlier, after the payment of the E-Ticket\’s nominal value ordered by the Client to the Provider. A special personalized account is the Provider\’s obligation to create a Business Partner after the conclusion of the Contract. The Client / Business Partner has a special personalized account in the Provider\’s system where the value of the E-Ticket of the relevant person currently available on the E-Ticket is recorded unless the parties expressly agree otherwise.
2. E-Ticket electronic voucher designed to provide a catering service to the Client in accordance with Section 152 (2) of the Labor Code is purchased by the Client – Employer who subsequently undertakes to provide the Employee with an E-Ticket voucher at the minimum nominal value determined by the Labor Code (§ 152 (3) and (4)) for the purpose of catering to the Employee. The Employer provides the Employee E-Ticket credit through an application in the Provider\’s system to his personalized account. If the Employee does not have a Contract signed, he will be notified of the possibility of closing it and setting up a personalized account. An employee is eligible for an E-Ticket ticket and applies for such a form of voucher. For the printing and validity of the E-Ticket cards, the Employer is responsible for the moment of their handing over and the Employer is responsible for their validity. The holder of a valid E-Ticket Ticket is obliged to ensure that it is not tampered with by unauthorized use (unauthorized registration, etc.). The employer undertakes to inform about the use of E-Ticket vouchers for their Employees.
3. The E-Ticket can be used as an E-Ticket credit or E-ticket ticket at a nominal value that the person has at his disposal in his account registered in the Provider\’s system or at any lower face value. The E-Ticket credit nominal value can be selected in the respective application of the terminal electronic device and the E-credit is subsequently used by the unique identification code generated by such application registered in the Provider\’s system for the benefit of another person having an account in the Provider\’s system under the Provider\’s Agreement. The Nominal E-Ticket Ticket is usually determined when acquiring its physical form (for example, when displacing).
4. In order to receive an E-Ticket electronic voucher and register it in the Provider\’s system, a terminal device with an installed application enabling the use of the E-Ticket in the Provider\’s system is required. The Client / Business Partner shall secure the terminal equipment separately and equip it with the E-Ticket Provider\’s application with which the Client and the Business Partner agree. An E-Ticket end-user application can be accessed via the Internet or asking the Provider to provide a link to obtain an application\’s installation file. The Provider is not responsible for the suitability of the Client / Business Partner end-user equipment for the purposes of using the E-Ticket, nor for the correct installation of an application to be performed by the Provider, (the link to the current version of the application may be listed on the Website, as well as the recommended installation). The Client is entitled instead of an end-user to use an electronic E-Ticket in the form of an E-Ticket when the Service is provided by submitting an E-ticket ticket to the Business Partner.
5. The Provider reserves the right not to create a special personalized account for the Client / Business Partner up to, respectively. to disclose the individual functionalities of such an account until after a thorough identification of the Client / Business Partner, performing other acts in accordance with applicable legislation. For this purpose, the Provider is also entitled to require payment to be made for the E-Ticket\’s nominal value in favor of the Provider\’s account from the Client / Business Partner\’s account held with the bank or other payment service provider or fulfillment of another condition. Individual actions relating to a personalized Client / Business Partner account in the Provider\’s system may be subject to individual fees as determined by the Provider if they are to be provided beyond the basic security of the Services by using the E-Ticket vouchers.
6. The Client / Business Partner is required to ensure that when using the E-Ticket vouchers, the Security Identification Code is not registered with any person other than the recipient, mostly the Service Provider; his registration with another insurer in the Provider\’s system will invalidate the validity of the generated E-Ticket voucher at the relevant denomination and its further use is not possible.
7. The initial or promo credit can only be used in the GexPay system and cannot be repaid in any way.
8. In the case of providing other services and supplies of goods, the procedure is individual and it is necessary to follow the laws of the Slovak Republic.
9. When concluding a contractual relationship through electronic conclusion of a contractual relationship, it is necessary to perform the so-called KYC and reserves the Provider to request and process other documents, especially in connection with the prevention of money laundering.
V. Rights and Obligations of the Parties
1. The Client undertakes to use the E-Ticket electronic vouchers in accordance with these GTC and the Contract, unless otherwise agreed. The Client / Business Partner is authorized at any time during the term of the Contract to order and purchase the required value of the E-Ticket electronic bills, including by sending the order again to the Provider through his personalized account in the Provider\’s system. The E-Ticket\’s nominal value will be credited to the client on his / her account as a rule within 24 hours of the payment of the E-Ticket purchase price to the Client on business days. A tax invoice in the form of an electronic invoice will be provided to the Client / Business Partner subsequently to the e-mail address that is his identifier.
2. The prize for the purchase of E-Ticket vouchers is the payment of the nominal value of the E-Ticket electronic voucher ordered by the Client, The Business Partner to the Provider and the resale price is the payment of the nominal value of the E-Ticket voucher to the Provider to the Business Partner. The Client / Business Partner undertakes to pay the price by bank transfer to the Provider\’s account. Bank Transfer Information required by the Provider (eg Variable Symbol, Specific Symbol) obliges the Client / Business Partner to comply, otherwise the nominal value of the ordered E-ticket will not be credited to his / her account. Payment of the prize means the assignment of funds in favor of the Provider\’s account. Any fees associated with the transfer of funds are borne by the payer. The Provider then assigns an electronic voucher to the Client at a nominal value equal to the price paid for the purchase of the E-Ticket. Client, The business partner is responsible for making a payment corresponding to the amount of the required E-Ticket E-Ticket and, if applicable, E-Ticket when purchasing an E-Ticket. fees (especially bank), i. the amount credited to the Provider\’s bank account will be used in its entirety to cover the cost of purchasing the E-Ticket, without the right to cancel or reverse transfer other than to re-sell bills. When requesting the return of the E-Ticket value requested, the Provider will pay the price at the nominal value of the valid E-Ticket vouchers provided for redemption, by bank transfer to the Business Partner\’s account specified in the Contract after deduction or cancellation. rewards, no later than within two business days of the request for reimbursement by the Business Partner.
3. The parties agree that they will not be reimbursed to the Provider for the purchase of E-Ticket vouchers. The Provider is entitled to a reward in case of resale of E-Ticket vouchers to the Provider. The Provider is entitled to a remuneration if the Business Partner re-sells to the Provider valid E-Ticket electronic vouchers with a nominal value of at least € 100 during the relevant calendar month. In this case, the Provider is entitled to a 2% redemption of the nominal value of the E-Ticket electronic vouchers re-sold to the Provider over € 100 in the relevant month. The Provider is entitled to set the amount of the remuneration in relation to the price for the return of E-Ticket vouchers to the Business Partner. The business partner is authorized to repurchase E-Ticket electronic bills up to 100 times in the month in question, and at the same time re-sell the E-Ticket electronic vouchers under one bank transfer at a minimum of € 5; when attempting to resell lower values or resale exceeding the maximum number of allowed back sales, the transfer to the bank account will not take place.
4. The Business Partner undertakes to provide the Service to the Client upon submission of a valid E-Ticket electronic voucher to the Business Partner and registering it in the Provider\’s system for the benefit of the Business Partner in the value of the requested Service (in case of an agreement between the Business Partner and the Client, the Service may be partially billed e-ticket). The Electronic E-Ticket must be valid at the present nominal value, i.e. the Provider must be pre-paid for its price and may not be previously submitted and registered in the Provider\’s system for the benefit of another person or re-sold to the Provider. The Business Partner / Client is committed to always verify the validity of each E-Ticket placed in the Provider\’s system, in full compliance with it. Verification of validity in the Provider\’s system is possible only through a regular Internet connection, which is also the exclusive responsibility of the person to whom the E-Ticket is submitted. In the event of the submission of an invalid E-Ticket voucher, the value of the E-Ticket will not be credited to it in the Provider\’s system for the benefit of the Business Partner or other person to whom it has been submitted.
5. Services The Business Partner undertakes to provide through the various E-Ticket electronic vouchers. The Business Partner undertakes to ensure the acceptance of E-Ticket electronic vouchers in their selected establishments whose name and address they are obliged to provide to the Provider and at the same time to identify these devices visibly on their entry by the Provider\’s logo or Provider\’s E-Ticket Label, an overview of whether the E-Ticket vouchers are accepted in the respective traffic. The business partner declares that it is authorized to provide the Services in its operations / operations that meet the terms of the Services Security as set out in point III 7 of these GTC. A list of Business Partnerships where E-Tickets can be submitted is available on the Provider\’s Website or will be provided to the Client upon request.
6. Agreements between the Client and the Business Partner regarding the provision of the Services are their sole responsibility and the Provider is not responsible for them (eg loyalty and bonus programs, etc.). However, the Business Partner undertakes to provide E-Ticket Services in any way not to disadvantage the Client in using the E-Ticket vouchers in comparison with other customers or in comparison with another payment method, in particular, it undertakes:
(a) not to charge Kient any fee or any other payment for the use of the E-Ticket vouchers for the payment of the Services or to require no other similar action that would unduly disadvantage the Client or this method of payment,
(b) Provide Services under the same terms and conditions as E-Ticket vouchers, in particular not to request / not to claim a different denomination for the Services as usual for other payment methods,
(c) receive E-Ticket vouchers for payment for all Services for Securing Services in accordance with applicable law without limitation.
7. The Employee declares that the E-Ticket electronic vouchers provided by the Employer will only be used for the purposes of catering in accordance with Section 152 2 of Act no. 311/2001 Coll., Labor Code as amended.
VI. Duration of Business Relationship
1. The contract may be concluded for a fixed term (or „binding“) if expressly stated in the Agreement. If the term is not stated in the Agreement, the contract is concluded for an indefinite period.
2. The Contract between the Provider and the Client / Business Partner is terminated on the basis of the following facts:
(a) by agreement between the parties,
(b) the expiration of the term of the Contract concluded for a fixed period,
(c) termination by one of the Contracting Parties in accordance with the Treaty,
(d) withdrawal from the contract for legal reasons,
(e) the termination of the Provider or the Client / Business Partner of a legal person without a legal successor or the death of a natural person.
3. A contract that is concluded for a fixed term may be extended on the basis of a manifestation of the Client\’s / Business Partner\’s will executed no later than the date of the termination of the Contract, as a rule, in the manner in which it was concluded.
4. The Provider is entitled to terminate the Contract with the Client / Business Partner with effect on delivery date to the Client / Business Partner if:
(a) The Client / Business Partner breached the Agreement or acted contrary to the GTC or the Contract and did not remedy the remedy provided to him by the Provider; unless such a time limit is expressly stated for a breach of a particular obligation of the Client / Business Partner, a 15-day redemption time is applied;
(b) Client / Business Partner repeatedly or grossly violates the terms and conditions;
(c) there is a reasonable suspicion that the Client / Business Partner has acted in violation of generally binding legal regulations, good morals, fair trade principles, or the Client / Business Partner\’s relationship has made significant changes that do not guarantee the fulfillment of the terms of the Contract (eg bankruptcy his property, etc.).
5. The Client / Business Partner is entitled to terminate the Contract with the Provider in writing with effect on the date of delivery to the Provider if:
(a) Provider repeatedly and / or grossly violates the Agreement;
(b) The Client / Business Partner disagrees with the amendment of the Agreement, these GBCs or any related binding document;
(c) The Provider shall cease to be entitled to perform the activity in accordance with the law.
6. Unless otherwise agreed between the Provider and the Client / Business Party and the generally binding legal regulations do not otherwise specify, the Client / Business Partner and the Provider are authorized at any time unilaterally, without giving any reason to terminate a Contract concluded for an indefinite period, always by delivering a written notice to the other party. The notice period for a non-reasoned statement is 1 month. The notice period shall begin on the date of delivery of the notice to the other Contracting Party.
7. An Employee or other Client who is in the position of a consumer is entitled to withdraw from the Agreement within 14 days of the conclusion of the Contract or from the date of the first purchase of the E-Ticket electronic voucher after the conclusion of the Contract at any value by means of a written resignation delivered to the Provider or by a form, which you can find here here.
8. A gross breach of the Agreement for the purposes of the Agreement is also deemed to be a breach of contractual terms that is capable of bringing to the other party an injury of at least € 5,000 in each individual case or, if so required by the Treaty.
9. In the event of termination of the contractual relationship, the Provider will redeem the value of the valid E-Ticket vouchers and the Client / Business Partner or his / her legal successor will request and determine where the price for the E-Ticket vouchers will be credited, otherwise the Provider will pay the price, after any deduction of the remuneration in accordance with Article V. 3 of these GBCs applicable to the Client / Business Partner (2% of the nominal value of the E-Ticket electronic vouchers re-sold to the Provider over € 100 in the relevant month) to the account specified in the Agreement. If it is not clear where the funds are to be redeemed, the Provider, after the termination of the mutual obligation, records this balance until the expiration of the payment entitlement and does not interest it.
8. The date of entry into force and effectiveness of the Agreement shall become the following GBC, binding on all Contracting Parties. Individual parts of a contractual relationship, by their nature, are valid until the full settlement of rights and obligations between the Provider and the Client / Business Partner.
VII. Return policy
1. Complaint means the claim of the Client / Business Partner to verify the accuracy of E-Ticket registration in the Provider\’s system, other formal defect arising from the communication with the Provider.
2. Client / Business Partner\’s complaints may only be made under the terms of the GTC, in electronic form, through the Provider\’s Website in a specific part designated for it, after filling in all required data.
3. All documents and materials resulting from the facts alleged by the Client / Business Partner must be documented with the claim, stating the specific rights that they believe were violated. In the event that the Client / Business Partner does not make a claim at the maximum objective objectionable period of 6 months, the right to complain shall cease.
4. The Provider will subsequently electronically acknowledge receipt of the Customer / Business Partner\’s complaint and will promptly decide on the eligibility of the claim within 15 business days or in more complex cases within 30 business days of receipt of the claim. If it is not possible within the above time limits to decide on the eligibility of the claim, the Provider is entitled, within the scope of his / her authority, to carry out further verification of the complaint, which will immediately notify the Client / Business Partner. The time required for a professional assessment of the claimed defect is not counted in the time required to decide on the eligibility of the claim. If the Provider concludes that the claim is unauthorized, he / she will immediately notify the Client / Business Partner.
5. After performing all the necessary actions to which the Provider is entitled to successfully resolve the claim, the Provider shall, without undue delay, notify the Client / Business Partner of the outcome of the claim and of the legal consequences that arise after the termination of the complaint to the Client / Business Partner.
6. The costs associated with the claim equipment are borne by the Provider and the costs associated with the preparation of the claim, including its attachments, and the submission of the claim by the Client / Business Partner. In the case of an unjustified complaint, the Provider is entitled, upon proof of the amount of the costs related to the claim to the Client / Business Partner, to cover the necessary actual costs of handling this claim.
7. If the Provider has caused an erroneous registration of the E-Ticket, resulting in erroneous enrichment of a person, he will perform a corrective operation, which is the correction of the wrongly executed record in the Provider\’s system, to the benefit of the person whose E-Ticket has become the relevant value invalid.
1. Communication between the Client / Business Partner and the Provider is primarily through the use of electronic means – via email communication, personal identifier and Website. By disclosing the information to the Provider on the Website or by sending a notification email to the Client / Business Partner address specified in the Agreement, the relevant information is considered to be duly delivered to the Client / Business Partner and effective. An e-mail message is deemed to have been received the next business day following the submission. The provider is also entitled to use other forms of communication as a complementary means of communication.
2. Communications may also be made in writing, in which case any document will be delivered to the address of the other party specified in the Contract if its change has not been announced at a later date. Documents shall be deemed to have been received on the third day after receipt of a notice of the impossibility of service of the document to the other party or of refusal, the non-acceptance of the consignment by the other Contracting Party within the withdrawal period, even if the addressee does not know them.
3. Communication takes place in the Slovak language unless the parties agree otherwise. if the Provider does not inform the Client / Business Partner about the possibility to communicate in another language.
4. The Client / Business Partner agrees that the Provider records, even without prior notice, any communication between the Provider and the Client / Business Partner through any available technical means, including the use and registration of E-Ticket vouchers in the Provider system and archived all such records as well as copies of any information and documents that the Provider receives from the Client / Business Partner or from third parties. The Client / Business Partner agrees that the Provider is entitled to use this information at any time for the purposes stated in the GBC, the Agreement, or to secure the terms of the contract or in accordance with applicable laws.
5. The Client / Business Partner is obliged to report this fact to the Provider, either through the Provider\’s electronic form on the Provider\’s Web Site or in writing, immediately upon the entry of the respective change, in the event of any change in the information provided in the Contract / Draft Agreement. The Provider is not responsible for any damage incurred to the Client / Business Partner by not communicating the change in the Contract or other documents or by late notification, and up to the moment of its notification considered as binding information provided by the Client / Business Partner upon the conclusion of the Contract.
6. In special cases it is possible, especially if the Client / Business Partner so requests, the application / system for using the E-Ticket vouchers, and the Provider can provide such information, without providing any reasonable difficulties and costs, with the provision of certain forms of statements or information on the use of vouchers E-Ticket. The Client / Business Partner agrees that the provision or regular provision of such information, statements, and services may be subject to a special fee set by the Provider.
IX. Exchange of confidential, personal and other information
1. The Provider and the Client / Business Partner are aware that they may provide information to one another in the performance of their obligations under the GTC or the Contract, in which it is the interest of one of the parties to the other party not to provide it to third parties or to use it for its own benefit – . A Party receiving such confidential information undertakes, at least at the level of professional diligence, to ensure the confidentiality of such confidential information to any third party and to refrain from using it for its own benefit. The participants\’ commitment contained in this article does not expire even after termination of the Agreement. Confidential information about the Client / Business Partner or the use of the E-Ticket vouchers, which they use without further specification of the person concerned, are not considered to be Confidential Information. anonymously.
2. The Participants undertake not to use the Confidential Information without the prior consent of the other Party for themselves and / or for third parties, or to grant third parties access to Confidential Information unless these GTC or the Agreement stipulates otherwise. The Provider is entitled to use and make available confidential information to third parties on the basis of specific laws, GTC, Contracts or other regulations and guidelines issued by the Provider.
3. By concluding the Agreement, the Client / Business Partner grants the Provider the consent of the person concerned to collect, collect and process personal data in accordance with Act no. 122/2013 Z.z. on the protection of personal data and on the amendment of certain laws in case personal data are provided for the purposes of this engagement and other information provided by the Client / Business Partner. Such consent includes, in particular, the right to process and collect information about the Client / Business Partner, to use them for statistical purposes in relation to third parties to the extent that they will be provided to the Provider during the term of the Contract.
4. The Client / Business Partner also gives the Provider the consent to send business and advertising notices relating to Services, information, notifications, news about the use of electronic vouchers, the use of the Services, advertising and marketing information about ongoing actions, campaigns, preferential programs or other services offered through electronic means of communication or other form. At the same time, the Client / Business Partner agrees that the information disclosed will be fully utilized for the above purposes and processed also through third parties authorized by the Provider even after the termination of the Contract. The Client / Business Partner is aware of the fact that the calls on the supplier\’s customer lines can be recorded and the email communication can be archived.
5. The Client / Business Partner undertakes to provide the Provider with all relevant and decisive information regarding the economic / legal status of the Client / Business Partner or other relevant information regarding the Client / Business Partner (in particular, the information that the Bankruptcy / Restructuring / or execution against the Client that the Client / Business Partner is insolvent or insolvent, that the Client / Business Partner enters into liquidation, that the Client / Business Partner has been sued, that the Merchant / Business Partner has merged, merged or split, that he / she has been deprived of his or her legal capacity or legal capacity or his / her ability is limited, etc.) immediately after such information becomes known to the Client / Business Partner even if they have not yet become legally valid.
X. Recognizing receivables
1. The Provider is entitled at any time, without notice, to offset any of its claims against the Client / Business Partner against any Client\’s claims against the Provider that are of the same kind, regardless of whether they are payable, paused, contracted or unconditional, irrespective of the legal relationship from which they arise and when they occurred.
2. The Client / Business Partner is entitled to transfer his claim to the Provider or to transfer his obligation under the Agreement to a third person or otherwise treat it, including the establishment of any security means for such claims only with the prior written consent of the Provider. The Client acknowledges that the Provider is entitled at any time to transfer his claims to the Client / Business Partner to third parties without the consent of the Client / Business Partner.
XI. Liability for Damage
1. Unless otherwise expressly stated in the Agreement or these GBTC, the injured party shall be entitled to damages under Section 373 et seq. The Commercial Code unless the other party proves that the breach of duty was due to circumstances excluding liability.
2. In the circumstances excluding the liability of the Provider are considered in particular: various forms of civil unrest, fire, flood, terrorist attack, hacker attack, interruption, slowdown or outage (complete or partial) of electricity supply, interruption, failure or disruption of computer systems or software components) or communication services on the side of the Client / Business Partner or third parties or the Client / Business Partner / third parties, any technical disruption on the part of the Client / Business Partner in communicating with the Provider or the recorded value of the E-Ticket vouchers in the Provider\’s system or other exceptional occurrence, disaster, or imposition of special restrictions / guidelines / inability to obtain permits / licenses in time, directly or indirectly, relating to individual transactions under the Agreement or any other obstacle, which has occurred independently of the Provider\’s will and which prevents him from fulfilling the obligation.
3. The Provider is not responsible for damages caused to the Client / Business Partner as a result of false, incomplete, inaccurate or misleading information, instructions or documents that the Client / Business Partner (or any other authorized person) provided to the Provider in exercising his rights under the Agreement or failing to provide the relevant information, or documents on time. The Client / Business Partner is fully responsible for the accuracy, completeness and timeliness of any information, instructions or documents provided to the Provider.
4. In the application of contractual penalties under the provisions of the Contract or the GBC, the right of the injured party to claim damages in the full amount of the damage incurred is not affected, i. even in excess of the amount of the contractual penalty.
XII. Final provisions: :
1. These GBTCs were created in the Slovak language, in accordance with the legal order of the Slovak Republic, and the relevant provisions of the Commercial Code and other applicable legal regulations are applied. Any dispute between the Contracting Parties may be dealt with and decided by the Arbitration Court of Bratislava from Žilinska 14 in Bratislava or the competent General Court if the parties so agree or at the request of the Client upon the conclusion of the Contract.
2. In the event of a Client / Business Partner\’s delay with any payment under the Agreement or these GBTC, the Client / Business Partner is obliged to pay to the Provider a contractual fine of 0.05% of the amount due for each and every day of delay.
3. Relationships between the Client / Business Partner and the Provider are governed by the Agreement, these GTC and the generally binding legal regulations of the Slovak Republic, in the above order. These GTCs take precedence over the Client\’s General Business Terms and Business Practices unless the parties agree otherwise in writing.
4. The parties are aware that the remuneration for the services provided by the Provider in securing the Services pursuant to these GTC is stated in Article V of these GTC or, directly in the Contract between the Provider and the Client / Business Partner (the terms of the Agreement in this case prevail over the GBC). For any non-standard services provided by the Provider in connection with the use of the E-Ticket vouchers, special fees may be charged to which the Client / Business Partner will be informed prior to the use of such service, a separate pricelist of charges for individual operations and services may be issued. At the same time, the Client / Business Partner agrees and acknowledges that the price paid for the purchase of the E-Ticket\’s nominal value is not a loan, loan or other similar relationship, and these funds are not remunerated in the case of resale.
5. In the event that any provision of the Agreement or the GBC becomes or becomes invalid, ineffective and / or unenforceable, the validity, effectiveness and / or enforceability of other provisions of the Agreement, the GBC, is not affected. In such a case, the Provider agrees to replace this provision by agreement with the Client / Business Partner with a new provision that will be the most relevant and relevant for the Provider.
6. The Provider is entitled, subject to changes to generally applicable legislation and / or by his own decision, to change or completely replace these GBCs. These changes will be published by the Provider on your Web site, in other ways, together with determining the validity and effectiveness of the changes. If the updated version of the GTC is not valid and effective, the amendments / new wording of the GTC is effective on the first day of the second month after its publication. If the Client / Business Partner does not agree with the change of the GBC, he / she is entitled to notify his / her disapproval in writing within 30 days from the date of publication of the modified GTC text. – The timely disagreement with the published GTC, in relation to the contested provisions, consent. In such a case, the Client / Business Partner is entitled to withdraw from the Agreement. Employee is also entitled to withdraw through a form that can be found here.
If the Provider and the Client / Business Partner do not agree within 30 days otherwise and the Client / Business Partner will not withdraw from the Agreement, the revised GTC in the meaning of the changes made applies to the Client / Business Partner. If the Client / Business Partner fails to notify the Provider of his disapproval of the change in the GTC within the aforementioned period, he agrees with the change and the relations are governed by the changed GTCs from the effective date of the change. The Supervisory Board will be notified of the amendments to the GTC – the National Bank of Slovakia in accordance with the law.
7. These GBCs will become effective and effective on the day of publication on the Provider\’s Web Site.
Valid from 1.8.2020