GENERAL TERMS AND CONDITIONS
Definition of Basic Terms
- The Operator is a business entity: TAJPAN s.r.o., address: Vážska 1, 821 07 Bratislava, ID No.: 35 910 828 registered in the Business Register of the District Law Court Bratislava I, part: Sro, Insert No. 34109/B, which pursuant to the Act 22/2004 Coll. on electronic commerce and on amendments to the Act 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by the Act 284/2002 Coll. (hereinafter also referred to as “Act 22/2004 Coll.”) is a provider of information society services and in accordance with Act 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws (hereinafter referred to as “Act No. 102/2014 Coll.”) to service providers specified in Article 1.7. of these GTC and the platform operator based on the Article 1.4. on the basis of a distance contract.
- email address: firstname.lastname@example.org
- contact telephone number: 0902 125 325
- Web interface www.tajpan.online means a web interface accommodating technological solution for the use of services based on Article 1.7.
- Independent web interface means an independent web interface generated for particular event which belongs to the operator and accommodates technological solution for the use of services based on Article 1.7.
- Platform means a technological solution located on www.tajpan.online technological interface and a technological solution located on an independent web interface. A platform enables provision of services to the Client based on the Article 1.7. including establishment of the user account, provision of mutual on-line communication, login and facilitation of participation at a particular event, AD testing, data transfer and other related services via electronic data processing tools. At the same time, the platform generates legal environment and rules enabling contractual relations between the Operator and the Client.
- Client is a person utilising some of the services specified in Article 1.7 of the GTC herein communicating with the Operator via platform or via telephone and e-mail communication in order to provide services specified in Article 1.7. At the same time, a client is a person utilising the Operator’s services via registration in person at a particular offline event. Platform contents is targeted only at healthcare personnel based on Section 27 of the Act 578/2004 Coll., while it is not meant for the lay public. Upon registration, the Client confirms that they are indeed a healthcare personnel in line with the Section 27 of the Act 578/2004 Coll. and in case it is confirmed that the information provided was misleading, the Client is liable for the damage caused to the Operator.
- Client – professional is a client eligible to prescribe or dispense medicines. All the provisions included in these GTC apply to the professionals, inter alia, all the provisions of these GTC applied to the Client. Upon registration, the Client – professionals confirm that they are indeed healthcare professionals according to the Section 27 of the Act 578/2004 Coll. authorised to prescribe and dispense medicines and in case it is confirmed that the information provided was misleading, the Client is liable for the damage caused to the Operator.
- Service means:
- provision and establishment of user account on the web interface;
- provision of login and participation to the offline event based on selected range;
- provision of login and participation to the online event;
- performance of AD testing including notification of acquired credits to respective chamber; and
- provision of access to audio, visual and audio-visual recordings by means of web interface.
Service based on the Article b) covers provision and payment of membership dues, means, accommodation, social evening or other accompanying activities, the scope of which depends on particular event and choice of the participant.
- Offline event means a congress, conference, symposium, seminar, workshop or other form of education organised by the Operator for a particular customer and clients may take part in it.
- Online event is an online presentation, congress, seminar, workshop or other form of education organised by the Operator for particular customer and clients may take part in it.
- AD testing means provision of audio didactic testing which may take place based on participation to some of the educational activities. AD testing takes place via web interface and upon its successful completion, the Operator facilitates notification of acquired credits to respective chamber.
- Damage caused to the Operator based on these GTC means, inter alia, a penalty or sanction imposed to the Operator by a public authority, especially, not exclusively, a supervisory body in line with the Act 362/2011, the Act 147/2001 Coll., as a result of violating the duties of the Client and the Client – professional based on the GTC herein.
- Service Contract or Contract means a distance contract concluded in line with the Act 102/2014 Coll. concluded between the Operator and the Client via one or several means of distance communication, use of web interface, electronic mail, mail or telephone. The Clients hereby declare that, prior to conclusion of the Service Contract pursuant to the provision of the Section 3, part 4 of the Act 102/2014 Coll., they received an unambiguous and clear information about the nature of the services and other data required based on the provision of the Act and, furthermore, the Clients were instructed on the exercise of the consumer’s right to withdraw from the Service Contract referred to in the Article VI. of the GTC herein. A subject of the Contract on services is the Operator’s commitment to provide services in line with GTC and the commitment of the Client to provide necessary cooperation for provision of services based on these GTC, mainly according to the Article 3.5.
- Account is the account of the Operator IBAN: SK5211110000006624435018 or SK7209000000005128443997.
- GTC are the Operator’s General Terms and Conditions for provision of services published on a web portal www.tajpan.online, as well as on the independent web interface. GTC are also valid for the clients who decide to use a different form of participants’ registration to the event than the web interface www.tajpan.online, e.g. in person at the venue, via e-mail or via telephone.
Introductory provisions and subject of service
- The Operator provides services to the Clients based on the Article 1.7. of the GTC herein. Any other potential conditions or ancillary arrangements shall come into effect only in case of their express written acceptance by the Operator.
- In case the service is applied via web interface itself established for particular event, conditions for such event may be defined in more detail, and thus they complement these GTC. Such conditions introduced on the independent web interface must be always interpreted in the context of the GTC herein. In case the conditions introduced on the independent web interface contradict GTC herein, they take precedence over GTC in the part containing the conflict.
- Contractual relationship between the Operator and the Client is concluded for a definite period of time, up to the moment of service provision, unless terminated earlier in line with the GTC herein.
- Any kind of services offered by the Operator are free and non-binding. Submission of the offer does not bind the Operator to accept the order. At the same time, the Operator is not obliged to accept the order.
- Client’s order means an order of services based on the procedure described in the Article 3 and Article 4 of the GTC herein.
- By ordering the services, the Client expresses complete and unconditional consent with the GTC herein. GTC fully apply to the contractual relationship of the Operator and the Client, unless the GTC herein stipulate otherwise.
- By ordering a service, the Client provides consent for electronic communication in line with the Section 62, part 2 of the Act 351/2011 Coll. along with the Section 3, part 3 of the Act 147/2001 Coll. and according to the Section 4, part 6 of the Act 22/2004 Coll.
Creating a user account
- To order services marketed via web interface www.tajpan.online, it is first necessary to create a user account. Creating a user account if free of charge. To create an account, follow the Article 4 of the GTC herein.
- To order services marketed on the independent web interface generated for specific event, it is not necessary to create a user account however, it is necessary to follow the Article 4 of the GTC herein.
- By clicking on the box “Register”, the Clients create their user account and subsequently, they need to fill in the registration form.
- To register, it is necessary to indicate consent with GTC and read the Principles of Personal Data Processing.
- Once the registration is complete, a notification e-mail shall be delivered to the Client’s account with URL link in order to verify the e-mail address. After clicking on this URL link and re-directing to a certain location on the tajpan.online website, it is necessary to input all the operational data and complete the registration.
- Once the registration has been successfully completed, a registered Client may order and use services offered on the www.tajpan.online web interface.
Ordering and utilising services
- Ordering a service means registration for an offline event, online event, AD testing or ordering of a different service pursuant to the Article 1.7. of the GTC herein.
- Service ordering takes place via registration form published on the platform (web interface www.tajpan.online or an independent web interface). Registration form is generated and published independently for each particular type of service.
- Each individual service provided by the Operator may offer a different range of service provision (e.g. in case of offline events – accommodation, catering, etc.).
- Registration for an online event or ordering of a different online service, including AD testing may only be performed electronically by applying procedures described in Article 4.2. of the GTC herein.
- Apart from ordering a service via platform described in the Article 4.2, the registration to an offline event may be carried out via telephone, e-mail or in special cases in person at the venue, where the event takes place on the day when it takes place. The Operator reserves the right to turn down such Client (participant), e.g. in case of capacity shortfall.
- Registration of several participants from the same company to an offline event may also be performed by the company itself via telephone or e-mail. Under such circumstances, the company acts as the Client pursuant to the Article 1.5. and the GTC herein equally apply to it. The Company is obliged to ensure all the duties arising from GDPR, since it acts in the role of an Operator in relation to the data on natural persons being registered to the offline event. If needed, it is also obliged to gain consent for personal data processing on persons which it registers and it is also obliged to instruct the persons to an extent required by GDPR or facilitate other duties deriving from GDPR; the company also bears sole responsibility for potential legal consequences, including imposed sanctions.
- In case that catering, accommodation or other services are being provided as part of the event package offered to the Client, by sending a registration form, the Client is bound by the selected range which then onwards may only be altered based on the prior written consent the of Operator.
- Prior to sending a filled in registration form, the Client is obliged to get acquainted with the GTC herein and confirm its consent.
- The Operator reserves the right not to accept ordered services, e.g. in case of capacity shortfall. The Operator is obliged to inform the Client in case that such event occurs.
- In relation to provision of selected range of services, the Operator has a right to require further data from the Client in order to secure full range of services, such as invoicing data and data needed for secure catering or accommodation services.
- In case the Client fails to correctly fill in the registration form or fails to complete the information within given deadline, or the data would be filled in only partially, no commitments would incur between the Operator and the Client.
- A contract on services mediated between the Operator and the Client is deemed concluded on the day when the Operator confirms its successful receipt to the Client, i.e. successful ordering of the services.
- In case the Service is ordered directly at the event venue, the contract between the Operator and the Client is concluded on the day of participation to the event.
- The participant to the event is aware and agrees that an audio-visual recording and photographs would be taken which would be shared in real time or later via internet services or used for other services related to the Operator’s business activities. For more information on personal data protection, please click on the Personal Data Protection section.
Access to AD testing
- The Operator has a right to notify the Client in an adequate manner whether an AD test forms part of a particular service accredited by the respective medical chamber.
- The Client may undergo an AD testing based on ordered services forming part of AD test.
- Upon successful AD test completion, the Client shall receive a confirmation of successful AD test completion to the e-mail address provided during registration along with respective certificate.
- Certificate on successful AD test completion is saved also on your user account and you can download it after logging in at any time.
- In case of successful AD test completion, the Operator shall notify the respective chamber of which the Client is a member about acquired credits.
Payment conditions and payment cancellation
- The Operator is obliged to inform the Client prior to ordering any service provided via web interface whether a given service is provided free of charge or for a charge and in case of charged services, the Operator is obliged to inform about the price for ordered service.
- The Operator has a right to provide clients with concessions for individual services or consider offering them free of charge.
- Prices for offered services differ and depend on particular event. Price for provided services include a registration fee or possibly some other fees selected by the Client, such as accommodation, catering and other accompanying activities (altogether “a final price“). Final price is introduced in the registration form once individual optional items are selected.
- Final price for service may differ for the participants depending on the membership in the medical chamber, professional association or a date of registration to the given event or some other conditions given by the Operator. Depending on this factor, the price for service charged to the Client who fails to meet the requirements, may be higher. Preferential registration fees are introduced in the registration form.
- Price for ordered services is paid by the Client via payment method introduced on the web interface:
- Payment by card: automatic payments for services are guided by the rules set by the card service provider. Upon payment by card, the Operator does not store card data in its database that would allow its misuse. Card data is stored by the card service provider;
- Transfer to the Operator’s bank account.
- Upon transfer to the Operator’s bank account, the Client shall pay the Operator a final price for provision of services to an account specified in the Article 1.13 of the GTC herein. The Client is obliged to pay full amount for provision of services within 7 days from the day the service was ordered.
- Final price for provision of services paid by transfer to the Operator’s account is deemed reimbursed only once it is credited to the respective Operator’ account.
- A Client who fails to take part in the event is not entitled to receiving back the price for the service paid.
- In case that registered Clients may not personally participate in the event, they may send their substitutes, however, they need to notify TAJPAN s.r.o. about such change in a written form or by telephone, at least 1 working day prior to the start of the event.
- With regard to Section 32, part 3 of the Act 431/2002 Coll., in relation to Section 71, part 1 letter b/ of the Act 222/2004 Coll., the Parties agreed that the Operator’s signature record will be stored on the electronic invoice in form of stamp scan and signature scan. Such an invoice will be regarded as credible by the Parties and meeting the entire range of conditions for accounting document pursuant to the Section 10 of Act No. 431/2002 Coll..
Amendments and cancellation of offline or online event
- The Operator reserves the right to amend the agenda. The Operator may amend the agenda of the event, including the alteration of speakers and topics.
- The Operator of the event reserves the right to:
- shift the event to a smaller venue, if the number of participants allows it;
- alter the date of the event, if it is necessary in order to secure necessary participation
- to alter keynote speakers and other professionals;
- to cancel the entire event, if the Operator finds it adequate.
- Should the event be cancelled for reasons on the Operator’s part, the participant is entitled to a full reimbursement of registration fee paid. In case of such cancellation on the part of the Operator, the event organiser is obliged to pay back the registration fee. In case the event is cancelled or the date of the event is altered, the Operator is not obliged to pay back any of the participants’ costs incurred for accommodation, travel, air transport or any other costs for that matter.
Principles of platform utilisation
- The Clients are obliged to make use of the platform solely for the purpose given in GTC and in line with the generally binding legal regulations and the GTC herein.
- Clients of the platform must be only healthcare staff pursuant to the Section 27 of the Act 578/2004 Coll. and they need to confirm this fact upon their registration on the platform.
- In case that advertisement of prescription medicines or medications reimbursed from public health insurance form part of the event a/or convey information about non-registered treatment/indication in Slovakia, the Operator reserves the right to make access to such content solely to the Clients – professionals and for this purpose, this fact would be confirmed by the Client – professional during the registration and/or ordering of the service.
- The Operator bears no responsibility for such actions of the platform Clients which would violate the duties deriving from the GTC herein. Violation of duties specified in the GTC herein is considered a substantial breach of contractual relations and forms a reason for withdrawal from the contract and potential other legal consequences.
- The Clients are obliged to provide truthful and complete information in a way which would allow the Operator to duly provide required service.
- The Operator bears no responsibility for communication of third parties acting in the name of the Client. A third party is a natural person benefiting from the services or communicating with the Operator in the name, on behalf or under the responsibility of the Client.
- The Client is obliged to get duly informed about the GTC herein and undertakes to follow their valid version. The Operator bears no responsibility for damage caused by improper use of web interface contradicting the GTC herein.
- The Client is obliged and undertakes to compensate the Operator, based on the request (written or electronic) for the entire damage caused to the Operator by violating any duty deriving from the GTC herein.
- The Operator reserves the right to perform platform maintenance. The Operator is obliged to inform the Client about maintenance in a timely manner.
- Copyrights and other rights, including, but not limited to industrial property rights, protecting and related to the title of the service and its concept, any trademark, databases, graphic elements, texts in any way used within the platform and/or the operator’s web portal, the platform software, including the logo, as well as the composition and contents of these elements, form a sole property of the Operator.
- Clients to the platform are forbidden to use the platform title, its concept, databases, graphics and its composition and layout, along with the trademarks to which the Operator’s rights apply, with an exception of cases expressly described in the GTC herein or with a prior written and expressed consent of the Operator.
Withdrawal from the Contract and further modes of its termination
- Contractual relationship between the Operator and the Client is concluded for definite period of time in line with the Article 2.3 of the GTC herein.
- The contractual relationship between the Operator and the Client automatically terminates with the notice of termination given by either party, at the time of delivery of the notice to the other party.
- Upon termination of the contract, all rights and obligations of the Operator and the Client under the Service Contract or the GTC herein cease to exist, too, with the exception of those which, according to the Service Contract or GTC, due to their nature, are to last even after the termination of the contractual relationship.
- The Operator and the Client may also withdraw from the Contract in accordance with the relevant provisions of applicable law of the Slovak Republic.
- The Client is entitled to withdraw from the Service Contract without stating a reason within 14 days from the date of its conclusion. In order to comply with the withdrawal period, it is sufficient to send a notice of the exercise of the right of withdrawal before the expiry of this period. In order to exercise the right of withdrawal, the user must inform the operator of his decision to withdraw from the contract in the form of an unambiguous statement (e.g. a letter sent via a postal service provider or e-mail). The user can also use the sample withdrawal form available here, but this is not an obligation. If the user uses this option, the operator will confirm his acceptance without undue delay.
- Furthermore, the Operator is also entitled to withdraw from the contract in principle whenever, according to the responsible assessment of the Operator, the Client has breached his obligations and liabilities contained in the GTC herein or in the contract in a material way. The Operator is further entitled to withdraw from the contract if the Client misuses the service, allows its use by a third party in violation of the contract, or if the user uses the service in such a way that in the opinion of the Operator (i) is in contrary to the purpose of the service, (ii) is in contrary to good morals, (iii) is in contrary to the economic interests of the Operator, or (iv) may cause damage or endanger the reputation of the Operator, the service or any other product and/or service of the Operator.
- The Operator takes into consideration and agrees that by accepting the GTC herein, a consent is given to commencement of service provision prior to the termination of a period for withdrawal from the contract on service and in case of complete provision of service, the right to withdrawal ceases to exist. By giving their consent to the GTC herein, the Clients declare that they were duly informed pursuant to the Section 4, part 6 letter a) of the Act 102/2014 Coll.
Rights from defective performance and complaints
- The Operator exerts maximum effort to make the Clients satisfied with provision of services. The Clients have a right to come up with any kind of complaints for provided services (hereinafter only referred to as “complaint”) without undue delay right after provision of services, but not later than 30 days since the day the service was offered to the Client.
- The Client is obliged to provide the Operator with necessary cooperation in order to proceed with the complaint, otherwise the period in which a complaint can be processed would be prolonged by the time in which the Client failed to provide his cooperation.
- In case that the service is not provided in line with the GTC herein, the Client has a right to file a complaint with the Operator concerning the service. In this respect, the Client may address the Operator by means of some of the contact data introduced in the Article 1.1., mainly via email or post.
- In the complaint, the Client is obliged to (apart from other data) clearly and comprehensibly describe the basis of the complaint. The Operator is obliged to issue a confirmation of the payment without undue delay (via mail or post).
- For the sake of certainty, the submitted claim must contain:
- information allowing for identification of the Client;
- requirements of the Client; and
- data concerning a particular event concerned by the complaint.
- The Operator shall settle the complaint no later than within 30 days and issue a confirmation about a settled complaint.
- In case the Client fails to apply the right within the deadline pursuant to the Article 10.1. above, upon expiration of this period, the user’s right expires.
- A decision about the complaint must contain a way, in which the complaint has been handled and a brief justification.
- In case the Operator decides that the complaint is justified and the mistake made in a provided service can be mended, it should be performed free of charge.
- While providing services such as catering, transport and accommodation, the Operator follows the warranty disclaimer of the given service provider and is obliged to respect it.
Personal data protection
11.1. Personal data protection is dealt with in a specific document within personal data protection section.
- The contractual relationship between the Operator and the Client is governed by the law of the Slovak Republic, in particular the Act 40/1964 Coll. of the Civil Code as amended, the Act 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council 372/1990 Coll. on offenses as amended by later regulations and Act 102/2014 Coll.
- In case of dispute arising between the Operator and the Client, both parties undertake to address them primarily by conciliation and mutual agreement. Should this method of settlement fail and/or if the Client and the Operator fail to agree otherwise, the courts of the Slovak Republic shall have jurisdiction to resolve any legal disputes. Alternatively, the Client may contact the Slovak Trade Inspection (www.soi.sk) with the complaint concerning the provision of services.
- The Client fully accepts distant communication – via telephone, written and electronic form of communication (mainly via e-mail and web interface) as valid and binding for both the Operator and the Client.
- If the reason for the invalidity of these GTC applies only to some part of them, it will not affect the rest of the document, unless it follows from the nature of the relationship between the Operator and the Client or from the nature of the provision that this part cannot be separated from other content.
- The Operator reserves the right to amend the GTC herein. Amendments of GTC come into effect on the day when updated version of GTC is placed on provider’s web portal www.tajpan.online. Amended version of GTC does not apply to the Client who already placed the order – for such Client, GTC valid on the day when order was delivered to the Operator apply.
- Such GTC are valid and effective as of January 1, 2021.