terms of use - mobile app

 TERMS OF USE – NOIRE FASHION MOBILE APPLICATION

 

  1. Basic provisions

 

  • These Terms of Use govern the rights and obligations arising on the basis of the use of the Noire Fashion mobile application (hereinafter referred to as the "Service" or the "Application"), operated by Noire Fashion, s.r.o., with its registered office at Ruská 1277/35, Horka – Domky, Postal Code 674 01, Třebíč, Czech Republic, identification no.: 052 02 540, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 94090 (hereinafter referred to as "Noire Fashion" or the "Operator").

 

  • The user is a person who has created a user account within the Service. The user is a consumer, i.e. a person who uses the Service outside of their business activities or outside the framework of the performance of their profession (hereinafter referred to as the "User").

 

  • The user account is the personal profile of the User within the Service, in which the User publishes the content that they want to share with other Users (hereinafter referred to as the "User Account"). Only the User has access to the User Account and the possibility to publish content in it via their login data, which consists of a username and password. When creating a User Account, the User is obliged to enter accurate and true information and to update this data whenever there is a change.

 

  • The Service is a mobile application that connects a woman's handbag with a unique code (hereinafter referred to as the "Handbag") with the User Account of the owner of this Handbag. The Handbag can be connected only with one User Account. The Service is intended for sharing content, i.e. photos, texts and other information related mostly to fashion. The contents of the Service are published by individual Users, whereas access to it is only granted to other Users.

 

  • Legal relations not expressly regulated by these Terms of Use shall be governed by Czech legal regulations.

 

  1. General terms and conditions

 

  • By creating a User Account, the User expresses their consent to these Terms of Use.

 

  • The User is liable for any content that they publish in the Application. The User declares that any content they publish is true, accurate and up-to-date.

 

  • The content the User publishes does not represent an opinion of Noire Fashion. Noire Fashion does not guarantee truthfulness, accuracy and currency of the content published by individual Users.

 

  • The Service may only be used by persons older than 13 years of age.

 

 

  1. Operational rules of the Application

 

  • The Operator is entitled to modify, suspend or terminate the Service at any time without prior notification to the User. The User acknowledges that the Service does not have to be continuously accessible, in particular with regard to required hardware and software maintenance of the Operator's equipment or required hardware and software maintenance of third-party equipment.

 

  • The Operator is entitled to change these Terms of Use at any time. The new wording of the Terms of Use will always be published on the Operator's website. The Operator shall notify individual Users sufficiently in advance of a change of the Terms of Use via the Service or by sending a notification to the User at a pre-selected e-mail address.

 

  • The Operator is entitled to refuse a person access to the Service and creation of a User Account without stating a reason.

 

  • The Operator is entitled to instruct the User to change their username without stating a reason. The Operator is also entitled to deactivate a User Account without stating a reason.

 

  • The Operator is entitled to edit or delete content published by the User at its discretion. The Operator is entitled to set the maximum permitted extent of content published by the User.

 

  • The Operator is entitled to penalize the User for a breach of the Terms of Use. The Operator is not obliged to penalize any breach of the Terms of Use. The Operator is obliged to prevent the spread of objectionable content in the Application. For this purpose, the Operator is primarily entitled to remove the objectionable content from the Application without prior notice and upon sole discretion of the Operator, eventually to deactivate the User Account of the User who provided the content.

 

  • The purpose of the Services is not for backing up photos or other content.

 

  • The User is entitled to deactivate their User Account without stating a reason.

 

  1. Mutual rights and obligations

 

  • Content published by the User does not become the possession of the Operator. For the duration of the User Account, the User provides the Operator only a gratuitous non-exclusive licence. Based on this licence, the Operator is entitled in particular to store, edit or further publish content published by the User, especially in the framework of commercial communications.

 

  • The Operator is entitled to publish advertisements within the framework of the Application without having to expressly designate them as advertisements.

 

  • The Operator does not verify all content published by the User.

 

  • The Operator does not bear any liability for the User's conduct.

 

  • The Operator is entitled to get involved in disputes between Users and to decide them based on its sole discretion.

 

  • Content published by the User is not considered confidential or protected.

 

  • The User is obliged to comply with the obligations under these Terms of Use and Czech law. The User is in particular prohibited to:
    • violate copyright or other intellectual property laws of the Operator and other Users;
    • create User Accounts for other people;
    • collect and use the login data of other Users;
    • misuse the Service for illegal ends;
    • publish illegal content, i.e. in particular content depicting violence, nudity, partial nudity, discrimination, etc.;
    • threaten, bully or harass other Users;
    • mass distribute unsolicited communications, i.e. harass other Users with an excessive number of "Likes", repeated harassing entries in the comments section, etc.,
    • disrupt the functioning of the Service, servers or network connected with the Service, in particular by transmitting computer worms, viruses, spyware, malware or any other destructive or disruptive code;
    • access the Application via automated means;
    • use non-public parts of the Service that are designated exclusively for the use of the Operator.

 

  • If the User transfers the Handbag to the ownership of someone else, the User is obliged to contact the Operator.

 

  • The Service is owned exclusively by the Operator. The Application, the Noire Fashion name and the Noire Fashion logo are protected by Act No. 121/2000 Coll., on copyright, on rights relating to copyright and on amending some laws (the "Copyright Act"), Act No. 441/2003 Coll., on trademarks (the "Trademark Act") and Act No. 14/1993 Coll., on measures for the protection of industrial property (the "Act on Measures for the Protection of Industrial Property"). The User is forbidden to copy, modify or sell the Service or its part.

 

  • The Service does not serve as a means of advertisement for third-party goods or services and the User is forbidden to use the Service in this way.

 

  • The User may flag (report) the publication of objectionable content from another User to the Operator. The User may flag the objectionable content through special function in the Application, or through the e-mail address contact@noirefashion.com. If the reporting of the User is reasonable, the Operator shall remove the objectionable content and upon sole discretion of the Operator, may eventually deactivate the User Account of the User who provided the content, both within 24 hours from the moment of receipt of the report.

 

  • The User may flag (report) any breach of these Terms of Use by another User to the Operator through the e-mail address contact@noirefashion.com.

 

  • The User can send the Operator their complaints or feedback as regards the functioning of the Application. For this purpose, the User shall use the special contact form in the Application and on the Operator's website.

 

  1. Cooperation with third parties

 

  • The User provides the Operator their consent to cooperate with third parties. The User acknowledges that the Application may display links to third-party websites or mobile applications.

 

  • The User may post on their User Account a link to their user account in the Instagram application, operated by Instagram, LLC. The Operator does not guarantee that this link is a link to the actual user account in the Instagram application maintained by the User.

 

  1. Obligations related to creation of User Account

 

  • The User is obliged to keep the login password to their User Account secret and safe.

 

  • The User is entitled to create only one User Account.

 

  1. Protection of personal data

 

  • The User grants the Operator consent to the processing of personal data in connection with the operation of the Service. This personal data is understood in particular as the first name and surname and e-mail address of the User. The User consents to the processing of their personal data by the Operator and for the purposes of sending information and commercial communications to the User.

 

  • The User grants their consent to the processing of personal data voluntarily and may freely retract it at any time.

 

  • The Operator may entrust the processing of the User's personal data to a third party as a processor.

 

  • Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated way.

 

  • If the User believes that the Operator or the processor is processing their personal data in a manner that is contrary to the protection of privacy and private life of the User or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of their processing, the User may:
    • ask the Operator or the processor for an explanation;
    • demand that the Operator or the processor rectify the situation.
  • If the User requests information about the processing of their personal data, the Operator is obliged to give the User this information. The Operator has the right to request a reasonable fee for the provision of the information according to the previous sentence not exceeding the cost necessary for providing the information.

 

  • The User consents to the sending of information related to the Handbag, services or the Operator's company to the selected e-mail address of the User and also consents to the sending of commercial communications to the User's e-mail address.

 

  1. Charged services

 

  • Some of the services provided within the Application may be subject to a charge. The User shall always be notified in advance that it is a charged service. The payment transaction for these services shall be mediated by a third party.

 

  • Use of the Service requires an internet connection. If mobile data is used in order to use the Service, the consumption of this data may be subject to mobile operator fees.

 

  1. Limitation of company's liability

 

  • The Operator is not liable for the content published by individual Users or for any damage or loss caused as a result of the publication of this content.

 

  • The Operator declares that the Application may be temporarily out of order, that content published by the User in the Application may be lost and that errors or computer viruses may appear in the Application.

 

  • The Operator does not bear liability for damage that was caused by the Application or its errors, as long as this damage is not due to the negligence, omission or intent of the Operator.

 

  1. Arbitration clause

 

  • Should a dispute arise between the User and the Operator that cannot be resolved amicably, the User may submit a petition for an out-of-court settlement of the dispute to the arbitration body for the extraordinary resolution of consumer disputes, namely the Czech Trade Inspection, ADR Department, with its registered office at Štěpánská 15, 120 00, Prague 2, e‑mail: adr@coi.cz, website: https://adr.coi.cz/cs .

 

  1. Final provisions

 

  • The Terms of Use are effective from the day of their publication.

 

  • These Terms of Use remain in effect, unless they were replaced by new terms of use.

 

  • The Terms of Use also apply to all previous dealings and agreements between the User and the Operator.

 

  • In the event that any provision of the Terms of Use is declared invalid, the invalidity of that provision shall not cause the invalidity of the Terms of Use as a whole.