1. INTRODUCTION
1.1. These General Terms and Conditions set out the terms and conditions for using this dating web application.
1.2. For the purpose of these General Terms and Conditions, the below definitions shall have the following meanings:
(a) GTC means the General Terms and Conditions as amended which set out the conditions for using the Application posted on the Portal and specify the rights and obligations between the Provider and the User;
(b) Application means the dating web application posted on the Portal and run by the Provider;
(c) Portal means the website with the URL portal address: millionaire.dating;
(d) Provider means Adentech, s.r.o., Company ID No.: 054 44 233, with the place of business at Lindnerova 1610/4, Prague 8, Postcode: 180 00, Czech Republic;
(e) User means any person having concluded the Contract to Use the Application in compliance with these GTC or also an applicant to sign up for the Application;
(f) Contract means the Contract to Use the Application made between the Provider and the User using the procedure pursuant to these GTC under which the Services shall be provided to the User by the Provider. These GTC are an integral part of the Contract;
(g) Services means the Provider's services provided to the User under the Contract, mainly allowing access to the Application and using its functionalities;
(h) Parties means the Provider and the User.
1.3. The User is aware that the Application can include erotically and sexually oriented information. On such grounds, the Provider sets the following conditions for conclusion of the Contract to Use the Application:
(a) The User has come of age and has the full legal capacity pursuant to legal regulations of the Czech Republic and the country from which the User logs in to the Application;
(b) The User has complied with the legal requirements for entering the Application from the country where the User logs in to the Application;
(c) The User does not feel disgusted, offended or endangered by the content of the information or communications made public in the Application.
1.4. Upon conclusion of the Contract the User confirms that he has become acquainted with the content of these GTC, has understood them in full and agrees to all rights and obligations contained in and arising from the GTC.
1.5. Any mutual relations not regulated by the Contract or these GTC, including the issues of conclusion of the Contract, its validity and effectiveness, shall be governed by the laws of the Czech Republic, with the exclusion of conflict of laws. In case of mutual conflict, the Contract, including the GTC, prevails over the non-mandatory provisions of all applicable legal regulations.
2. CONCLUSION OF CONTRACT, USER ACCOUNT AND PROFILE
2.1. Conclusion of the Contract requires signing up for the Application. Signing up is free of charge. Signing up can only be performed by a natural person complying with the basic requirements for using the Application specified in Article 1.3 of the GTC.
2.2. The User shall sign up by completing and sending the sign-up form available on the Portal. In the sign-up form, the User is obliged to complete his/her nickname, a valid e-mail address, the year of birth and choose a password to have access to the Application. The User is obliged to give only correct, true and complete details in the sign-up form. The User shall be fully liable for giving any incorrect, untrue or incomplete details, even in relation to other Users or third parties who incurred any harm as a result of the incorrect, untrue or incomplete data being given. The pre-requisite for sending the sign-up form involves confirmation that the User has become acquainted with these GTC, has understood them in full and agrees thereto.
2.3. The Provider shall confirm a successful sign up to the User by sending a confirmation e-mail message. Upon delivery of the confirmation e-mail to the User, the Contract is deemed concluded. The Contract is concluded for an indefinite term.
2.4. Following conclusion of the Contract the Provider shall open a user account for the User through which the User will enter the Application and use the Services. The Provider shall open the user account within 48 hours after the conclusion of the Contract. Part of the user account serving to publish and display information on the User pursuant to the conditions specified in these GTC is called the User's profile.
2.5. Access to the user account shall be safeguarded with the use of log-in details which include the User's e-mail address and the selected password. The User is obliged to keep his/her log-in details in confidence and is not entitled to allow any third parties to use his/her user account.
2.6. The User shall always be responsible for the content of all information contained in the user account and/or made public on the User's profile, including the content of all communications sent via them. The Provider shall not check such information and/or the communications and shall not be liable for them being correct, true or complete. The Provider shall not be responsible for compliance with any price requests or offers made by the Users and for their solvency.
3. SERVICES AND RULES FOR THEIR USE
3.1. All Users seeking millionaire may use the following functions of the Application:
(a) sending likes to another User;
(b) making assessment of the other Users' behaviour;
(c) the User who has displayed his/her own photograph on his/her profile may view other Users' photographs, except for photos under the password;
(d) the User who has not published his/her photographs on his/her profile cannot view other Users' photographs;
(e) the User may contact the User millionaires without any limitation.
3.1.1. In case that the User looking for a millionaire does not log in to her/his profile for 14 (fourteen) days, her/ his profile will be deactivated. The profile is activated by logging in again.
3.2. All Users millionaires may use the following functions of the Application:
3.2.1. All Users millionaires with an Inactive profile may use the following functions of the Application:
(a) sending likes to another User;
(b) making assessment of the other Users' behaviour;
(c) the User who has displayed his/her own photograph on his/her profile may view other Users' photographs, except for photos under the password;
(d) the User who has not published his/her photographs on his/her profile cannot view other Users' photographs;
3.2.2. All Users millionaires with an Active profile may use the following functions of the Application:
(a) sending likes to another User;
(b) making assessment of the other Users' behaviour;
(c) the User may view other Users' photographs, except for photos under the password;
(d) the User may contact and unlock conversations with Users seeking millionaire, in accordance with the conditions set out in Article 3.3. GTC.
3.2.3. Users millionaires who have not do at least one Profile Activation after registration will automatically be closed access to the database of users searching for millionaire after 30 (thirty) logins to the Application.
3.3. Users millionaires may only contact other Users seeking millionaire if they order Active profile pursuant to the below conditions and the price list:
(a) Active profile at CZK 1,210 or EUR 49.00, including VAT, for one month – throughout the term of Active profile, the User may unlock conversations with up to 5 Users without any limitation of the amount of the requested millionaire.
(b) Active profile at CZK 3,630 or EUR 149.00, including VAT, for three months – throughout the term of Active profile, the User may unlock conversations with up to 15 Users without any limitation of the amount of the requested millionaire.
(c) Active profile at CZK 7,260 or EUR 299,00, including VAT, for six months – throughout the term of Active profile, the User may unlock conversations with up to 30 Users without any limitation of the amount of the requested millionaire.
3.4. Active profile can be ordered with the use of a form available in the Application from the user account. The User is obliged to pay for Active profile in advance by credit transfer into the Provider's account. Activation of the Active profile in the specific scope occurs at the time of payment of the price of the Active profile.
3.5. Payment of the price is deemed to be the time of crediting the Active profile price into the Provider's bank account. The Provider must be requested in writing to issue a tax invoice and send it in electronic form.
3.6. The order form and payment of the price of the Active profile is deemed to constitute the User's request for provision of paid Services by the Provider. The User hereby acknowledges and agrees that as of the time of activation of Active profile the Provider is deemed to commence the provision of paid Services. As of the date of Active profile activation, the term of 14 (fourteen) days for withdrawal from the Contract shall commence to run for the User in relation to the provision of paid Services (i.e. VIP membership). The procedure for withdrawal from the Contract is described in these GTC.
The User hereby acknowledges that in case of withdrawal from the Contract made following Active profile activation, the User is obliged to pay the Provider a pro rata portion of the Active profile price. The pro rata portion of the price shall be determined pursuant to (i) the period for which Active profile was active until the date of withdrawal from the Contract or pursuant to (ii) the number of unlocked conversations as part of the specified limit whichever will be higher. In case that the User has used up the entire limit for unlocked conversations within the term for withdrawal, the User cannot withdraw from the Contract in relation to the provision of paid Services anymore.
3.7. The Provider is entitled to activate the Active profile prior to compliance with the conditions specified in Article 3.4 of the GTC by virtue of verified bank payment confirmation sent by the User to the Provider's e-mail address. However, if such payment is not credited into the Provider's account on the second business day after the Active profile activation, the Provider reserves the right to fully deactivate the User's profile until the payment is credited into the Provider's account. In such a case, the validity of the Active profile after the crediting of the payment into the Provider's account shall be extended by the period when the profile was deactivated, however, by 7 days as a maximum.
3.8. If the User sends the Provider a payment for Active profile higher than that set out in the current price list, the overpayment shall only be returned at the written request of the User. The Provider is entitled to deduct fees for making the transaction from the overpayment. If the User fails to request the return of the overpayment within 10 days after the payment is made, such overpayment is deemed to be the User's voluntary contribution to the operation of the Application.
3.9. The validity of Active profile shall be terminated after expiry of the purchased term or after using up the specified limit for the number of unlocked conversations whichever takes place earlier. The unused number of unlocked conversations Users shall not be carried forward to a subsequent term. For the unlocked conversation is deemed to be the commencement of conversation with another User by the User with an Active profile via the Application. In case the conversation is started by a female User, the unlocked conversation is deemed to be the response of the User with the Active profile.
4. OTHER CONDITIONS FOR USING THE APPLICATION
4.1. No charge is imposed on access to the Application and its use, except for the price of Active profile. Any costs incurred for the connection to the Internet shall be borne by the User.
4.2. The profile shall not include any direct contact details (such as e-mail, telephone number, address, etc.) to reach the User. In case of breach of such obligation, the Provider reserves the right to remove such information from the profile.
4.3. No inappropriate photographs may be published on the profile. Inappropriate photographs are deemed to be those running contrary to legal regulations, good morals or general rules of decency, in particular any pornographic or vulgar photos. The Provider does not check any photographs published by the User. However, in case of an inappropriate photograph being identified, the Provider is entitled to remove such photograph. It is exclusively the Provider who takes a decision regarding the inappropriateness of a photograph.
4.4. The User acknowledges and agrees that other Users may rate his/her behaviour. Ratings by other Users will be displayed on the User's profile. No rating shall be in contradiction with legal regulations, good morals and general rules of decency and shall be based on reality. The Provider does not check the content of ratings. However, in case of an inappropriate rating being identified, the Provider is entitled to remove such rating. It is exclusively the Provider who takes a decision regarding the inappropriateness of a rating.
4.5. The User may request for verification of the genuineness of photographs. After verification of the photographs by the Provider, the User will gain the status of “Verified User”. The procedure regarding verification of photographs is as follows:
• The User will write on sheet of paper in his/her own handwriting the following text „millionaire.dating“ and his/her nickname under which he/she has signed up for the Application;
• The User will take a photo of himself/herself with such sheet of paper displayed, with the whole text being readable and, concurrently, the User's face being visible on the photograph;
• The User will send his/her photograph by e-mail to the address info@millionaire.eu;
• The photograph sent shall only serve for the purpose of the User's verification and shall not be used by the Provider for any other purposes, nor shall it be made public anywhere by the Provider.
4.6. The User may not use the Application for commercial purposes, offering work, goods or services to other Users, sending advertising or commercial messages or sending web links to other portals of competitive nature and obtaining contacts for commercial purposes. IN PARTICULAT, IT IS PROHIBITED TO SOLICIT SEXUAL SERVICES OR PROSTITUTION. Conversely, for the breach of the obligations set out in this paragraph, the User is obliged to pay the Provider a contractual penalty equal to EUR 4,000 for each individual breach, with such penalty being due within no more than 14 calendar days after the date of delivery by the Provider of the request to pay the same.
4.7. The User is not entitled to make public any information from the non-public part of the Portal (i.e. the part being accessible only by signed-up Users) except for the information exclusively concerning the User or any non-public information regarding other Users, including photographs of other Users or conversation with other Users as part of the Application. In case of any breach of the prohibition the User is obliged to pay the Provider a contractual penalty equal to EUR 4,000 for any individual breach, with such penalty being due and payable within no more than 14 calendar days after the date of delivery of the Provider's request to pay it.
4.8. The User is not entitled to have more than one user profile on the server. In case of setting up a new profile the User agrees that all evaluations made by other Users will be transferred from the original profile to his/her new profile.
5. PROVIDER'S RIGHTS AND OBLIGATIONS
5.1. The Provider is entitled to check compliance with the rules of using the Application specified in these GTC and valid legal regulations and enforce them with the use of available means. The Provider is entitled to monitor and record IP addresses of the Users' devices. In case of finding out any defective conduct or information made public on the User's profile, the Provider is entitled to make such information inaccessible or remove it completely without any prior notification, without any duty being imposed on the Provider to inform the User or make a backup of the defective communication. The Provider is entitled at any time to restrict or terminate the User's access to the Application, even without any reason therefore being stated.
5.2. The Provider is entitled to limit the number of signed up Users and reject the signing up of any User without giving any reason for such rejection. Furthermore, the Provider is entitled to cancel a user account if the GTC are breached, the ordered Active profile is not paid for, if it is found out that the content of information on the user account and/or the profile or any communications made via them are inappropriate, if generally applicable legal regulations or good morals are infringed by the User. In such cases, the User is not entitled to be returned any fees already paid.
5.3. The Provider has the right to deactivate a profile (not to display it on the Portal) if the User fails to log in to the profile within one week after receipt of the last message.
5.4. The Provider has the right to deactivate the profile of a User (not to display it on the Portal) or withdraw from the Contract if the User's inbox contains more than 5 locked conversations (messages) and the User has failed to buy Active profile (does not activate the millionaire profile).
5.5. The Provider has the right to withdraw from the Contract and delete a profile if the User fails to log in to the profile within one month after receipt of the last message.
5.6. The Provider cannot influence and bears no responsibility for any arrangement or agreement between the Users who have obtained contact to each other via the Application. Such arrangements or agreements are deemed to be actions in law between such Users who bear the full responsibility for them.
5.7. The Provider reserves the right to restrict or suspend the availability of the Application if it is necessary to maintain its own HW and SW equipment. In such a case, the User who has activated the Active profile is entitled to have his/her Active profile extended by the period of the Application's failure. The Provider is not responsible for any inaccessibility of the Application on the grounds caused by third parties.
5.8. The Provider is not liable for any potential damage caused by external impact, interruption of operations, breakdown or failure or for any damage arising as a result of loss of data or unauthorized access to the User's data on his/her account.
5.9. As part of the Application optimization, the Provider is entitled to remove from the server any messages older than 6 months after being sent.
5.10. The Provider has the right at any time to modify the offered selection (list) of user profiles within the Application pursuant to the Provider's algorithm and the details from the User's profile.
6. USER'S RIGHTS AND OBLIGATIONS
6.1. Using the Application, the User is obliged to abide by the Contract, including the GTC and generally applicable legal regulations. In particular, the User may not insert or make public in the Application any untrue, deceptive or misleading information, personal data of other or fictitious persons, insert into or make public via the Application any content breaching copyrights or other intellectual property rights of third parties or violating legitimate interests of third parties. Furthermore, the User may not insert into or disseminate via the Application any communications the content of which involves solicitation or mediation of sexual services or any similar services or prostitution or any communications concerning the content capable of giving impression of inciting to commit a criminal offence. The User has an opportunity to voluntarily specify his/her liking for sexual practices in the Application.
6.2. The User may not in any manner misuse, block or modify any part of the Application, attempt to obtain unauthorized access to the Application.
6.3. The User may not allow any persons not complying with the requirements for use of the Application pursuant to Article 1.3 of the GTC to use the Application.
6.4. The User is entitled to withdraw from the Contract without giving any reasons for termination within 14 (fourteen) days after the date of the Contract. To meet the deadline, it is sufficient if the letter of withdrawal has provably been sent to the Provider within the time limit. The User shall make the withdrawal from the Contract with the Provider at the address specified in Article 1.2 of the GTC or at the following e-mail address: info@millionaire.dating. For such purpose, the User may use the sample form being part of these GTC.
6.5. The User is entitled at any time to request deactivation of the profile and termination of the Contract by clicking the button “Deactivate Profile” in the Application or by request sent to the e-mail address info@millionaire.dating. In such a case, the Provider shall disable access to the profile within 48 hours after receiving the User's request. The access to the profile will be disabled concurrently with termination of the Contract. The User hereby acknowledges and agrees that the Provider will store the data provided by the User for the purpose of an opportunity to restore the user profile at the User's request. Should the User request deletion of all data concurrently with the access to the profile being disabled, the User shall send the Provider a request to delete all data to the e-mail address: info@millionaire.dating and his/her data shall be deleted within 48 hours after receipt of the request.
6.6. The User is aware that in case of breach of these GTC or generally applicable legal regulations which will show signs of criminal activity, the Provider may transfer the User's personal data to investigating, prosecuting and adjudicating authorities.
7. COPYRIGHT
7.1. The Provider is the owner of the Application and exercises all author's property rights over the Application in terms of legal regulations in force.
7.2. The User declares and undertakes that he/she is entitled to publish, disseminate or treat in any manner whatsoever the content inserted in the Application, i.e. photographs and information to the required extent and that such content is not encumbered with any third-party rights.
8. PERSONAL DATA PROTECTION
8.1. Personal data protection is governed by Act No. 110/2019 Coll. on personal data processing as amended and by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”) and applies only to natural persons.
8.2. The Provider is entitled to collect all personal data and information concerning the User obtained in connection with the conclusion of the Contract and in connection with the performance of the Services. The Provider collects and processes personal data for the purpose of conclusion and performance of the Contract, including any rights and claims arising from the Contract, for keeping records of the Users and user accounts and for the purpose of fulfilling its duties under legal regulations in force. For such purposes, the Provider processes personal data to the extent specified in the sign-up form and also the personal data that the User has voluntarily displayed on his/her user profile. The Provider is entitled to process such personal data even without the User's consent. The User provides his/her personal data to the Provider on a voluntary basis. However, without the provision of personal data to the extent set out in the sing-up form one cannot conclude the Contract and the Provider is authorized to reject the signing up.
8.3. The Provider may entrust a third party to process personal data as processor. Personal data may also be transferred to third parties for the purpose of performing the Services, in particular personal data may be disclosed to other Users in connection with the performance of the Services. In this context, the User is aware that (i) the Provider runs the Application in several language versions to be accessible for as wide range of Users as practicable, (ii) the Application is available to Users from any country subject to compliance with the conditions specified in the GTC and (iii) the Users' personal data may also be disclosed to the Users from other countries who have signed up in other language versions of the Application. Personal data is processed by the Provider with the registered office in the Czech Republic and is processed (stored) on servers located in the Czech Republic; personal data is not transferred to any other third country. Personal data shall only be processed for a period reasonably necessary, i.e. for the term of the Contract. After the termination of the Contract, personal data shall be processed over the period required by relevant legal regulations or for the period of existence of any other statutory reason for processing.
8.4. More information concerning personal data protection is available to the User in the document styled “Information on Personal Data Processing” and in the document styled “Personal Data Protection Policy” posted on the web portal of the Application.
8.5. In connection with the User's access to the Application, the Provider may place so-called “cookies” in the User's end device for the Application to monitor and improve the Services. The User hereby consents to the placement of the “cookies”. The User is free to withdraw his/her consent to the placement of the “cookies” at any time, or rather may reject the placement of “cookies” by way of setting his/her Internet browser.
8.6. The Provider is not liable for any potential misuse of personal data or other information, including photographs that the User has voluntarily published on his/her user profile. The User hereby acknowledges that part of the information made public on the user profile is deemed to be public.
9. CLOSING PROVISIONS
9.1. The Provider states that
(a) the concluded Contract will be stored with the Provider in electronic form. The User shall not have access to the stored Contract;
(b) the Contract can only be made in a language into which the Application and the GTC have been translated;
(c) the Contract is concluded by application of the procedure pursuant to Article 2 of the GTC, i.e. by confirmation of the User's signing up by the Provider;
(d) the Provider is not bound by any codes of conduct, whether voluntary or mandatory.
9.2. The Parties agree that the communication and mutual delivery of documents may be in electronic form at the e-mail addresses of the Parties.
9.3. The Parties agree that the Contract will be construed in compliance with and will give rise to legal implications only pursuant to the arrangements explicitly set out in the Contract and by law, with the exclusion of any consequences arising from the customs and practice established between the Parties; no account shall be taken of business custom maintained generally or in the relevant industry.
9.4. Should one or several provisions of the Contract or these GTC be held unlawful, invalid or unenforceable, such unlawfulness, invalidity or unenforceability shall not affect the other provisions of the Contract or these GTC which shall be construed as if such unlawful, invalid or unenforceable provisions had not existed. The Parties agree that any and all unlawful, invalid or unenforceable provisions shall be replaced by lawful, valid and enforceable ones that shall be as close as practicable to the meaning and purpose of the Contract and these GTC.
9.5. Any disputes arising during the performance of or in connection with the Contract shall primarily be settled by agreement between the Parties. Unless an agreement is possible, all disputes shall be resolved before the courts of the Czech Republic. In cases where the law permits such agreement, the Parties agree that a court pursuant to the Provider's place of business shall have jurisdiction by reason of the location.
9.6. The Provider is entitled to unilaterally amend these GTC at any time and shall be obliged to notify the User of such amendment at the e-mail address specified by the User without undue delay and, concurrently, replace the existing GTC in the Application with the current wording of GTC. The amended GTC shall take effect at the time they are made public in the Application. However, in relation to the existing Users they shall only become effective upon the User's consent given in respect of their new wording. Consent with the new wording of the GTC may be given by the User either explicitly by clicking on the button giving consent or implicitly by continuation to use the Application after the amendment to the GTC has been notified to the User. Unless the User agrees to the wording of the new GTC, he/she is obliged to refrain from using the Application.
9.7. These GTC are valid with effect from 2/3/2022