General Terms & Conditions of SizeID
Service and Privacy Policy

I. General Provisions

  1. SizeID s.r.o., Company Id.No. (yet unassigned), with registered office at Praha 5 – Smíchov, Křížová 3324/4a, 150 00, incorporated in the Commercial Register held by the Municipal Court in Prague, Section C, Insert (yet unassigned) is the provider (the " Provider") of the SizeID Internet Service operated at (the "SizeID Service").
  2. For the purposes of these Terms &Conditions:
    1. " User" means a natural or legal person who uses the SizeID Services in any manner;
    2. " Server" means a set of applications, a web interface and other functionally or technically related hardware or software serving to ensure the Users access to the Size ID Service and to provide the SizeID Service through the domain;
    3. " Services" means a set of services provided by the Provider to the User within the meaning of Article II hereof, consisting mainly of storing and evaluating the content of the information provided by the User pursuant to the provisions of Section 5, Act No. 480/2004 Coll., on Certain Information Society Services;
    4. " User Data" means all information stored or otherwise sent or hosted on a Server by the User, especially in the form of User data.
  3. By using the SizeID Service, the User acknowledges that the User and the Provider have concluded a Services Agreement, and the User expressly agrees to these Terms & Conditions and agrees to abide by the rules specified herein. If the User disapproves of these Terms & Conditions, he/she is not entitled to use the SizeID Services.

II. Services Provided

  1. The Provider enables the User to use the following services:
    1. search the database of standardized size charts for clothes and use the interface for his/her personalized interpretation;
    2. store User’s information in the User Account to facilitate the use of the Service;
    3. mediate the networking of the Users, i.e. make it possible for the Users to share the personalized interpretation of the size charts;
    4. use the web interface that allows the User to use the above mentioned services and additional functions, to search for and work with the size charts for clothes.
  2. In order to use the services listed in the preceding paragraph of these Terms & Conditions, User registration is not necessary. A full range of services is available only to registered and logged-in Users.

III. Users’ Rights and Obligations

  1. The User is obliged to enter reliable, up-to-date and complete information in the registration form, identifying him/her as the User. If the Provider finds out that the information is false, the Provider reserves the right to block or cancel the User Account of that User.
  2. By placing the User data on the Server, the User authorizes the Provider to carry out automatic data processing and storage of the relevant data on the Server.
  3. By placing the data on the Server the User further authorizes the Provider to carry out automatic data processing leading to the creation and display of any available metadata about their content.
  4. The Provider does not verify the authorization or non-authorization of the User to store or share the User Data. The liability of the Provider is limited, as defined in Art. IV hereof.
  5. The User cannot modify the content of the Server or interfere with it in any other way, threaten or interfere in its operation, or acquire personal data about other Users. If the Provider determines that the User has violated this obligation, he shall, without further duties, cancel his/her account, or all the uploaded User Data. Article V hereof and the claim for damages shall not be affected.
  6. The User is not authorized to disclose his/her log-in data that would enable access to the User Account to any third persons. In the event that the User enables access to a third person, he/she shall bear full responsibility for any possible damage, as if he/she has violated the data himself/herself. If the User finds out or reasonably suspects that his/her account has been violated (or accessed by an unauthorized person), the User shall notify the Provider without delay. If the User fails to notify the Provider without delay, the User shall be fully liable for any possible damages, as if he/she has violated the data himself/herself.
  7. User Accounts cannot be transferred, rented, leased, sold or otherwise temporarily or permanently misappropriated or provided to third parties, free of charge or for a consideration, without the Provider’s prior written consent. The Provider reserves the right to block or cancel all User Accounts that are used by more persons who do not share the same household, or block or cancel all User Accounts that are in conflict with these Terms & Conditions.

IV. Provider’s Rights and Obligations

  1. The Provider is entitled to monitor and analyse the User Data and provide personalized services on the basis of these User Data.
  2. The provider shall bear responsibility (in accordance with Section 5, Act No. 480/2004 Coll., on Certain Information Society Services) for the content of the information uploaded by the User to the Server only if the Provider was able to know, with regard to the Provider’s scope of activities, the circumstances and the nature of the particular case, that the content of the uploaded information or the User’s behaviour were illegal, or if the Provider knew, in a verifiable manner, about the illegal nature of the content of the uploaded information or about the User’s infringement, and provided that the Provider has failed to take all reasonable measures that may be required to remove, or disable access to, such information.
  3. The Provider is not obliged to (in accordance with Section 6 of the Act on Certain Information Society Services) supervise the content of information that he/she transmits or stores, or actively seek facts or circumstances indicating an illegal content of the information.
  4. The Provider reserves the right to delete, remove, block access or otherwise limit the availability of any User Data in accordance with Art. 5 hereof.
  5. The Provider guarantees that he will provide services to the User in accordance with all applicable laws and regulations, on such level of knowledge and care that are appropriate in the particular commercial sector.
  6. The User hereby explicitly acknowledges that the Provider does not warrant that the User Data will not be damaged, modified or deleted. The Provider is not liable for any possible damages or any other harm resulting from the damage, modification or deletion of the User Data (see Art. IV).
  7. The User hereby explicitly acknowledges that the Provider shall not guarantee the correctness and accuracy of the data presented within the operation of the services. For any data stored, managed and presented within the service the Provider does not guarantee their correctness or accuracy.

  8. The User acknowledges and agrees that the Provider may, at any time and in any manner, modify the Server, as well as the Services, their scope and conditions, without prior notification of the User. The User further acknowledges and agrees that these modifications may affect the operation of the Services, or their operation can be completely ruled out. The User shall not be entitled to any compensation for damages resulting from this restriction or from the cessation of service functionality caused by the modifications of the Server or the Services.

V. The Consequences of the Breach of the Terms & Conditions

  1. In the event that the Provider removes or disables access to the User Data due to the breach of these Terms & Conditions or the legal regulations of the User, the Provider shall record, in connection with the respective User, the first case of violation of these Terms & Condition. In such case, the Provider is entitled to require the User to provide a written notice stating that the User accepts these Terms & Conditions and that all the User Data uploaded by the User to the Server are in compliance with the legal regulations; otherwise the User shall not be allowed to use the Services and the Server.
  2. In case of a repeated breach of these Terms & Conditions by the same User, the Provider has the right to:
    1. restrict the rights of the User and/or the scope of the Services provided to the User (for example, but not limited to, the right to upload files); and/or
    2. block or cancel the User’s account without compensation, i.e. withdraw from the Services Agreement in accordance with these Terms & Conditions. The User agrees that blocking or cancelling the Account in accordance with this provision, shall result in the loss of all benefits/bonuses related to this Account.
  3. The User, whose User Account has been blocked or cancelled, is not entitled to use the Services or the Server, not even by means of a different Account.

VI. Liability for Damages

  1. The Provider shall not provide the User with any guarantees for the Services or the Server, especially any guarantees for the operation and availability of the Services. In particular, the Provider does not guarantee that:
    1. the Services will be continuously available;
    2. the Services will be fully functional throughout the availability of the Services;
    3. the Services will be provided without errors;
    4. the User Data will be always available, complete, correct, accurate, undamaged or unchanged;
    5. the User Data will not violate the law or the rights or legitimate interests of the Users or third parties.
  2. The User hereby acknowledges that the Provider does not provide any guarantees for the provision of the Services and that, as a consequence, the provision of the Services is associated with some risks. The User hereby accepts the risks and agrees to take all reasonable steps to eliminate or reduce, to the maximum extent possible, the possibility of loss or other adverse consequences for the User’s side related to the use of the Services.
  3. The Provider is not liable to the User for any direct or indirect loss or damage occurred in relation to the use of the Server, the Services or any other User Data. In particular, the Provider is not liable to the User for:
    1. any malfunctions, unavailability, poor availability, poor functionality or speed of any Service;
    2. non-delivery, failure to save, damage or loss of any User Data.
    3. any inaccurate or erroneous outputs provided within the scope of any Service.

VII. Privacy Policy and Commercial Communications

  1. The Provider shall protect the information and personal data received from the Users, incl. all personal (or sensitive) data, in accordance with the law, in particular in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data (Personal Data Protection Act, "PDPA").
  2. The Provider shall process the User’s personal data only under the terms of the applicable legal regulations, only for legal purposes or for the purposes agreed by the User. All data will be processed only to the extent necessary to fulfil the following purposes, and usually only during the time necessary to fulfil those purposes, however, not longer than required by the applicable laws and in compliance with them.
  3. By his/her registration on the Server the User grants the provider, as an administrator in accordance with the PDPA, his/her consent to process the personal data supplied in accordance with these Terms and & Conditions, in order to identify the User when using the Service and in order to provide the User with personalized services.
  4. In connection with the provision of the Services the data of the individual Users are processed in compliance with the PDPA. Personal data are processed on the basis of the User’s consent or pursuant to the authority resulting from the PDPA. Personal data of each User are processed within the range of the information that the particular User provides, or authorizes the Provider to collect.

  5. All personal data related to the User are processed automatically, in an electronic form, in the above mentioned range, in particular with the purpose to provide Services and ensure communication between the Provider and the individual Users, except as specified below.
  6. The Provider is an administrator and processor of the processed personal data. The provider, as an administrator of the personal data, may disclose the processed personal data solely in connection with the operation of the Server and with the provision of other Services on the Server through other service providers.
  7. The personal data processed by the Provider may be, subject to the conditions set out in the PDPA, disclosed to a third party, unless the User disapproves of such disclosure. This shall not affect the Provider’s duty to provide information about the User to third parties or public authorities in cases provided by law.
  8. As regards the data subject, the personal data will usually be processed only for the time necessary for statistical processing of the User’s activities while using the Service. The User’s IP address will be stored only for the time required to evaluate and ensure the security of the Server and the Services provided through it. The Provider reserves the right to process all anonymized data about the use of the Service in order to improve the operation of the Server or the quality of the Services provided through the Server.
  9. Each User has the right to ask the Provider to provide information about the processing of his/her personal data, which shall be forwarded without undue delay. For the provision of information the Provider is entitled to a reasonable compensation that does not exceed the cost of providing the particular information.
  10. Each User who finds or believes that the Provider processes his/her personal data in violation of the protection of the User’s private and personal lives, or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of processing, may:
    1. ask the Provider for an explanation; or

    2. ask the Provider to remedy the situation. Remedying the situation means, in particular, blocking, correction, supplementing or liquidation of the personal data.

  11. If the User’s request under the par. 10 2b) hereof is found to be justified, the Provider shall remedy the problem without delay, or perform any other desired action. If the provider fails to comply with the request, the User may contact the Office for Personal Data Protection. The right of the User to contact the Office for Personal Data Protect directly shall not be affected.

VIII. Commercial Communications and Advertising

  1. The User hereby acknowledges and agrees that the Provider has the right to display, within the provision of the Services, advertising and/or promotional communications ("Advertising"). Advertising may be connected to the content of the Services, the queries entered via the Services and other information.
  2. The User hereby acknowledges that, if during the registration at the Server the User agrees to receive commercial communications, the Provider has the right to inform the User, in compliance with the Act on Certain Information Society Services, about certain services of the information society only by means of promotional messages about its services, or about the services and products of the entities that have entered into contractual relations with the Provider. For these purposes the Provider may use the User’s Account and the User’s e-mail address.
  3. "Cookies" are information transferred from a website and stored to user's computer hard drive. Cookies enable the website to remember information, that will make using this site easier.

    Like most websites, our website also uses cookies. Based on anonymous data objects, we e.g. monitor the number of visitors on our website. If the user does not want to use cookies or if wishes notification that the internet browser uses cookies, is necessary to select and set appropriate option in Internet Browser. If the User blocks all cookies, certain functions of this website could not work appropriate.
IX. Final Provisions
  1. These Terms & Conditions, as well as the relations between the Provider and the User, shall be governed by the Czech law.
  2. These Terms & Conditions have been drawn up in Czech. The Czech version of the Terms & Conditions shall prevail; any other language versions of these Terms & Conditions shall be made only for information purposes.
  3. Any communication between the User and the Provider, arising from these Terms & Conditions and otherwise, shall be carried out in an electronic form, via an electronic mail (e-mail).
  4. The Provider reserves the right to unilaterally change the wording of these Terms & Conditions. All amendments to the Terms & Conditions shall become effective on the date determined by the Provider; the amendments shall take effect for the Users only if the Users approve them. A User is deemed to have provided his/her consent, if the User continues to use the Provider’s Services after the date specified by the Provider as the effective date of the amended Terms & Conditions. If the User does not agree with the amendments, the User shall abstain from the use of the Provider’s Services after the date specified by the Provider as the effective date of the amended Terms & Conditions. Such refrainment from the use of the Services shall be considered a withdrawal from the SizeID Service Agreement.
  5. The User acknowledges and agrees that the rights and obligations related to the SizeID Services provided by the Provider under these Terms & Conditions may be transferred to third parties, pursuant to Act No. 89/2012 Coll., the Civil Code, or Act No. 90/2012 Coll., on Commercial Companies, or Act No. 125/2008 Sb., on Transformations of Commercial Companies and Cooperations, as amended, or other legal regulations. The transfer or assignment of rights and obligations of the User and the Provider shall not affect the validity and enforceability of these Terms & Conditions.
  6. If any of the provisions of these Terms & Conditions is or becomes invalid, ineffective, or unenforceable, in whole or in part, such provision shall be fully severable from the remaining provisions hereof and its invalidity or unenforceability shall not affect the validity and enforceability of any other provisions hereof. In such case, the provider shall replace the invalid or unenforceable provision with a provision that will, to the maximum extent possible, reflect the content of the original provision
These Terms & Conditions shall become effective on 17 th November, 2014.
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