OK Analytical Services s.r.o.

Id. No.: 073 59 080

with its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1

registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 299767

Contact person: Vojtěch Mašek

Email: info@okzaklady.pl

Phone: +420 704 460 328

 

issues the following

 

GENERAL TERMS AND CONDITIONS

 

RECITALS

 

OK Analytical Services s.r.o. (hereinafter “OKZAKLADY”) is the operator of the website at www.okzaklady.pl (hereinafter the “Website”).

 

OKZAKLADY provides consultancy in the area of fixed-odds betting on sports matches and other sports events held around the world.

 

By virtue of a Service Contract, OKZAKLADY agrees to provide the Customer with a service consisting in providing tips for the results of particular sports matches or other sports events, or any specific parts thereof, for consideration and depending on the type of membership or any other service selected by the Customer.

 

The tips sent have the nature of mere recommendations and OKZAKLADY shall not be liable for any damage incurred by the Customer, whether directly or indirectly, as a result of using a tip or any other information (such as a strategy or analysis).

 

The services provided by OKZAKLADY (betting advice) shall be for information only. It is up to every Customer to decide whether or not to use the tips provided and whether, and in what amount, to bet or not to bet on a particular sports event. OKZAKLADY explicitly declares that it does not accept money as bets from Customers and that it does not bet on behalf of Customers or make any other steps aimed at placing bets.

 

The price of the service also includes the costs connected with its delivery and any charges connected with the selected payment method. The prices of the services are final, including all taxes and charges.

 

All contractual relationships arising from the use of the services offered on the Website shall be governed by the laws of the Czech Republic.

 

If a consumer is a Party to the contract, any relationships not regulated by these General Terms and Conditions (hereinafter also referred to as the “GT&C”) shall be governed by the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter the “Consumer Protection Act”). A contract is a consumer contract if its Party is an individual who orders the services outside the scope of his/her business activities or outside the scope of independent performance of his/her occupation. If this is not the case, the contract is not a consumer contract and the relevant Party is not protected as a consumer pursuant to the legal regulations quoted above and these GT&C; especially, such a Party, as a non-consumer, does not have the right to withdraw from the contract without specifying a reason.

 

If the Party is not a consumer, the rights and obligations of the Parties not regulated by these Terms and Conditions shall be governed by the provisions of the Civil Code.

These General Terms and Conditions shall only apply to individuals (people) who execute the contract outside the scope of their business activities or outside the scope of independent performance of their occupation.

These General Terms and Conditions shall form an integral part of each executed Service Contract. In these GT&C, any contract executed pursuant to these GT&C shall be designated as a Service Contract (hereinafter also referred to as the “Contract”); i.e. a Contract shall also mean, for example, a purchase contract for the purchase of Credits or PREMIUM tips, a contract for renewal of the Customer’s existing membership or a contract for a new PREMIUM membership, etc.

Both the General Terms and Conditions and the Contract are executed in the Czech language. The Contract, including these General Terms and Conditions, shall be archived in electronic form by OKZAKLADY and shall not be publicly accessible, not even by the Customer.

Mailing address: OK Analytical Services s.r.o., Rybná 716/24, Staré Město, 110 00 Prague 1. 

1. SERVICES PROVIDED

OKZAKLADY offers its services on the Website.

OKZAKLADY offers a “VIP Membership” to its Customers; the individual types of VIP Membership differ only in the membership period and, depending on that period, in their price. As part of the VIP Membership, regardless of its type, OKZAKLADY guarantees that the Customer will receive at least 4 (four) VIP FREE TIPS throughout the period of the VIP Membership. The VIP FREE TIPS constitute a basic type of the tips provided by OKZAKLADY.

At the same time, the Customer may purchase additional tips, namely VIP PREMIUM and VIP PREMIUM EXCLUSIVE tips, or VIP PREMIUM and VIP PREMIUM EXCLUSIVE membership tariffs, whose individual types differ only in the membership period and, depending on that period, in their price, and daily packages or access to Exclusive Sports Packages; the provision of these services depends on the period of the VIP Membership. At the same time, the Customer may order a Consultation with a member of our team or a recommended Strategy tailored to fit the Customer’s needs.

As part of the Bronze (7-day) VIP PREMIUM or VIP PREMIUM EXCLUSIVE Membership, OKZAKLADY guarantees that the Customer will receive at least 1 (one) PREMIUM or 1 (one) PREMIUM EXCLUSIVE tip throughout the period of that membership.

As part of the Silver (14-day) VIP PREMIUM or VIP PREMIUM EXCLUSIVE Membership, OKZAKLADY guarantees that the Customer will receive at least 2 (two) PREMIUM or 2 (two) PREMIUM EXCLUSIVE tips throughout the period of that membership.

As part of the Gold (30-day) VIP PREMIUM or VIP PREMIUM EXCLUSIVE Membership, OKZAKLADY guarantees that the Customer will receive at least 4 (four) PREMIUM or 4 (four) PREMIUM EXCLUSIVE tips throughout the period of that membership.

As part of the Platinum (90-day) VIP PREMIUM or VIP PREMIUM EXCLUSIVE Membership, OKZAKLADY guarantees that the Customer will receive at least 12 (twelve) PREMIUM or 12 (twelve) PREMIUM EXCLUSIVE tips throughout the period of that membership.

Description of premium services (hereinafter the “Premium Services”):

 

 Exclusive Sports Packages. The Exclusive Sports Packages service always relates to a particular sports event (e.g., a tournament or championship) and, as part of this service, the Customer will obtain access to a predefined set of services related to that sports event. The particular conditions of provision of the Exclusive Sports Packages service (contents, price, period, payment terms, etc.) shall be specified on the Website and in these General Terms and Conditions.

 

 Long-term VIP PREMIUM Membership. As part of the Long-term VIP PREMIUM Membership service, the Customer will obtain access to all VIP PREMIUM TIPS, each time for the period corresponding to the type of the membership tariff purchased. On the Website, OKZAKLADY provides a description of the individual types of VIP PREMIUM Membership currently offered. VIP PREMIUM TIPS constitute a premium type of the tips provided by OKZAKLADY and they usually differ from the VIP FREE TIPS in the level of trust declared by OKZAKLADY.

 

 Long-term VIP PREMIUM + VIP PREMIUM EXCLUSIVE Membership. As part of the Long-Term VIP PREMIUM + VIP PREMIUM EXCLUSIVE Membership service, the Customer will obtain access to all VIP PREMIUM + VIP PREMIUM EXCLUSIVE TIPS, each time for the period corresponding to the type of the membership tariff purchased. On the Website, OKZAKLADY provides a description of the individual types of VIP PREMIUM EXCLUSIVE Membership currently offered. VIP PREMIUM EXCLUSIVE TIPS constitute a premium type of the tips provided by OKZAKLADY and they usually differ from the VIP FREE TIPS and VIP PREMIUM TIPS in the price and level of trust declared by OKZAKLADY.

 

 Daily VIP PREMIUM Package. As part of the Daily VIP PREMIUM Package service, the Customer will obtain access to all VIP PREMIUM TIPS for the particular calendar day for which this Package was issued.

 

 Daily VIP PREMIUM + VIP PREMIUM EXCLUSIVE Package.  As part of the Daily VIP PREMIUM + VIP PREMIUM EXCLUSIVE Package, the Customer will obtain access to all VIP PREMIUM TIPS and VIP PREMIUM EXCLUSIVE TIPS for the particular calendar day for which this Package was issued.

 

 Individual VIP PREMIUM or VIP PREMIUM EXCLUSIVE TIPS. The Customer may purchase VIP PREMIUM TIPS or VIP PREMIUM EXCLUSIVE TIPS individually. 

 

 Consultations and Tailor-made Strategies. The Customer may also purchase a Consultation with a member of our team. At the same time, the Customer may order a Tailor-made Betting Strategy from us. 

 

The provision of Premium Services is always conditioned on the duration of the basic VIP Membership, i.e. if the Customer’s VIP Membership terminates, or, more precisely, if the Customer does not renew his/her VIP Membership, his/her access to the VIP PREMIUM section, the VIP PREMIUM EXCLUSIVE section or to the Exclusive Sports Packages shall also terminate.  

OKZAKLADY also offers its Customers the purchase of Credits, which can be subsequently used to pay for some of the services offered on the Website. The Customer may also obtain Credits from ZAKLADY as a gift, as a prize in winning competition events or as compensation in specified cases (see below). The value of one Credit on the OKZAKLADY Website is PLN 1. 

On the Website, OKZAKLADY provides a description of the individual types of VIP Membership and the related options for the purchase of VIP PREMIUM Tips, VIP PREMIUM EXCLUSIVE tips, packages and tariffs and other services, if applicable, including their prices. The price of the services is specified inclusive of all taxes and charges. 

The presentation of the services constitutes a proposal to execute a contract in accordance with Section 1732 (2) of the Civil Code. 

 

2. ORDER OF SERVICES AND EXECUTION OF A CONTRACT 

 

The Customer shall place the order of services via the Website at www.okzaklady.pl

 

The order of services shall be placed as follows:

In the case of new Customers who have not created their customer account for the VIP section yet (hereinafter the “Customer Account”), the Customer shall select the requested type of VIP Membership on the Website (by pressing the button with the text “zacznij zarabiać pieniądze”-“start winning”, which is part of the presentation of the service on the Website); after that, a registration form will open up, which must be filled in by the Customer, after which the Customer must press the button with the text “przejdź na płatnosći”-“continue to payment”, after which the Customer will be redirected to the second step where the Customer will confirm his/her selection of membership and where the Customer can also use a discount code if applicable. After that, the Customer will be redirected to the GoPay payment gate where (s)he will pay the price of the service. The order has been completed and it becomes binding upon submission of the registration form, i.e. after the Customer has pressed the button with the text “przejdź na płatnosći”-continue to payment”, by which the Customer Account is created at the same time.

If the Customer already has an existing Customer Account, the Customer will place an order after logging into his/her Customer Account by selecting the requested type of VIP Membership or any other service offered in the VIP section on the Website (Premium Services, Credits, Consultation Services) and, after confirming his/her selection in a pop-up window where (s)he can also use his/her discount code, if applicable, or pay using the Credits, the Customer will be redirected straight to the GoPay payment gate where (s)he will pay the price of the service. The order has been completed and it becomes binding after the Customer has pressed the button with the text “

Zapłać”-“pay”, which is part of the presentation of the service on the Website.

 

After having been redirected to the GoPay payment gate, the Customer will pay the price of the service using any of the options offered there. For more details on making the payment for the services via the GoPay payment gate, see Article 14 of the GT&C below. If the Customer cannot pay the price of the services using any of the options offered there, the Customer shall e-mail a query to: info@okzaklady.pl; in response to this e-mail, OKZAKLADY will inform the Customer of the bank details for the payment of the price of the services by means of wire transfer.  

 

By placing a binding order of services, the Customer confirms that (s)he has been acquainted and agrees with these 

General Terms and Conditions in the wording valid and effective at the time of placing the order. Before placing the binding order, the Customer shall check the correctness of all information provided by him/her. The information provided in the binding order shall be considered correct by OKZAKLADY.

 

The Service Contract shall be executed at the moment the Customer has paid the price of the service ordered. The order, including a tax receipt, shall be sent to the Customer including the valid General Terms and Conditions to the e-mail address provided by the Customer during the registration process. OKZAKLADY shall not be liable for any delay on the part of a third party, explicitly including any delay within the payment transactions made via GoPay. This shall explicitly include cases where the Customer does not receive the service ordered in due time as a result of a delay on the part of GoPay (e.g. the tip purchased is not displayed in due time). 

 

If the execution of the service is not conditioned on the payment of the price of the service (some special promotions, see below), the Contract shall be executed at the moment the Customer’s required payment information is entered and sent via the GoPay payment gate.

 

The Customer’s order containing any, even immaterial, amendments, deviations from the conditions of the proposal, reservations, limitations or any other changes shall constitute a new proposal for execution of a Contract. If the order constitutes a new proposal for execution of a Contract, the Contract shall be executed at the moment the Customer’s new proposal is accepted by OKZAKLADY.

 

By accepting these GT&C, the Customer declares that (s)he is aware, especially, of his/her financial standing and that, being aware of that, (s)he also becomes a VIP member of OKZAKLADY and joins the services offered.

 

OKZAKLADY reserves the right to refuse registration of the Customer or, more precisely, to refuse the order and not to execute the Contract with the Customer.

 

3. TERM OF THE CONTRACT

 

The term of the Service Contract depends on the type of the service purchased by the Customer, e.g., in the case of a membership, it corresponds to the membership period. The term of the Contract may be automatically renewed in the cases and in accordance with the procedure specified in Article 4 of the GT&C. 

 

The validity of the Credits shall be limited to 24 months from the date of purchase, after the expiry of which they can no longer be used by the Customer. The Customer does not have the right to any form of compensation for any Credits whose validity has expired.

 

4. AUTOMATIC CONTRACT RENEWAL

 

The Service Contract for the provision of the VIP Membership, VIP PREMIUM Membership or VIP PREMIUM and VIP PREMIUM EXCLUSIVE Membership shall be automatically extended under the same conditions and by the same period as the period for which it was originally executed, unless either Party notifies the other Party in writing not later than 5 days prior to the expiry of the term of the Contract (membership period) that it does not wish to renew the Contract and requests its termination. 

 

The same shall apply to the Service Contracts for selected Exclusive Sports Packages where the Customer granted consent to automatic Contract renewal when ordering the service. 

 

The Customer may cancel automatic Contract renewal by e-mailing a written notification, expressly and unambiguously stating that the Customer does not wish to renew the Contract and requests its termination, to: premium@okzaklady.pl. OKZAKLADY may cancel automatic Contract renewal by e-mailing a written notification to the Customer’s e-mail address registered for the Customer’s Customer Account. 

 

If the Contract is renewed, repeated payments will be made automatically to pay the price of the services under the Contract via the GoPay payment gate (see Article 14 of the GT&C). The price of the services for the period for which the Contract has been automatically renewed shall be payable on the day on which the automatic Contract renewal took place.

 

The Customer acknowledges and expressly agrees with the automatic renewal of the executed Service Contract as well as with the repeated payments being made automatically to pay for services via the GoPay payment gate.

 

The procedure described in this article of the GT&C shall also apply to cases where automatic Contract renewal and automatic repeated payments are agreed with the Customer for other types of services offered by OKZAKLADY.

 

5. AMENDMENT TO THE CONTRACT

The Customer has the right to change his/her existing type of membership by e-mailing a request to: premium@okzaklady.pl at least 5 days prior to the day of the planned automatic renewal of his/her existing type of membership. The type of membership shall be changed upon payment of the price of the new type of membership.

 

6. CUSTOMER ACCOUNT

In his/her Customer Account in the VIP section (“Moje konto”-My Account), the Customer has access to all orders placed as well as to information on his/her VIP Membership or other services purchased and on the payments made.

The Customer can log into his/her Customer Account using the user name and password selected during the registration process. The Customer shall protect his/her log-in details from disclosure to third parties. If the Customer loses or forgets his/her password, (s)he can renew his/her password on the Website using the e-mail address registered for the Customer Account. 

The Customer may not make his/her Customer Account accessible to third parties. If the Customer breaches this obligation, OKZAKLADY may withdraw from the Contract. In that case, the Customer shall also pay to OKZAKLADY, within 15 days of delivery of the request for payment, a contractual penalty in the amount of PLN 1 500 for each individual breach of this obligation. This shall in no way prejudice the right of OKZAKLADY to compensation for damage by the Customer. 

The Customer may cancel his/her Customer Account by e-mailing a request for deletion of his/her account to premium@okzaklady.pl The Customer expressly acknowledges that (s)he shall lose access to all services purchased if (s)he cancels his/her Customer Account.

 

7. SATISFACTION GUARANTEE

 

OKZAKLADY grants a one-off 30-day satisfaction guarantee to its new Customers (the “Satisfaction Guarantee”), by which OKZAKLADY guarantees to its new Customers who are not satisfied with the services provided compensation in the form of Credits for the purchase of services. 

 

A condition for the provision of the Satisfaction Guarantee is an active use of the services provided by OKZAKLADY for at least 30 days. This means that the Satisfaction Guarantee is only provided to Customers who have purchased a membership tariff for the minimum period of 30 days. The Customers who have purchased a membership tariff for a period shorter than 30 days may not use the Satisfaction Guarantee. 

 

A new Customer shall mean a Customer who executes a Contract with OKZAKLADY for the first time. 

 

If a new Customer e-mails a written notification to info@okzaklady.pl not later than on the 7th day after the expiry of the 30-day Satisfaction Guarantee (i.e. on the 37th day following the date of execution of the Service Contract) that (s)he was not satisfied with the services provided, (s)he will receive 999 Credits in his/her Customer Account from OKZAKLADY as compensation. 

 

As part of the Satisfaction Guarantee, the Customer does not have the right to a refund of the price of the membership or any other service paid or to any form of reimbursement for the Credits obtained as compensation.

 

 

8. COMPETITIONS AND SPECIAL PROMOTIONS

 

OKZAKLADY may offer its Customers participation in competitions organised by OKZAKLADY. The rules of and the conditions of participation in the competition shall be always stipulated in relation to the particular competition and shall be published on the Website at the moment the competition is announced.  

 

OKZAKLADY reserves the right to suspend, change or terminate the competition without specifying the reasons in the event of serious unexpected events or force majeure events. In that case, the competition participant shall not be entitled to any indemnification or compensation by OKZAKLADY.

 

OKZAKLADY shall not be liable for any technical problems connected with the organisation of and participation in the competition (e.g., a failure of systems or software) that do not have their origin in intentional acts of OKZAKLADY. In that case, OKZAKLADY reserves the right to suspend, change or terminate the competition and the competition participant shall not be entitled to any indemnification or compensation by OKZAKLADY.

 

OKZAKLADY may offer its Customers special discount tools (discount codes, discount button), discount offers and special promotions, based on which Customers may obtain selected services or Credits with a discount or under more favourable conditions, e.g. they may obtain a certain membership period free of charge in addition to the membership ordered, free Credits in addition to an order, etc. The conditions and duration of special discount offers and special promotions shall be published on the Website or shall be notified to the Customer by OKZAKLADY by e-mail or telephone in advance.

 

 

9. IMPORTANT INFORMATION ON THE CONTRACT AND THE TERMS AND CONDITIONS

 

The Customer shall be bound by the Terms and Conditions from the moment of execution of the Contract. The Customer may become acquainted with these Terms and Conditions before sending a binding order. The Customer shall be informed of the above properly and sufficiently before actually sending the order. These GT&C constitute an integral part of the Contract executed via the Website.

 

Both the GT&C and the Contract are executed in the Czech language. The Contract, including these General Terms and Conditions, shall be archived in electronic form and shall not be publicly accessible, not even by the Customer.

 

The information on the individual technical steps leading to the execution of the Contract is obvious from the order process on the Website and the Customer is thus given the opportunity to check the information and correct it, if necessary, before actually placing the binding order.

The Customer agrees with the use of means of distance communication in the execution of the Contract. Any costs incurred by the Customer when using means of distance communication in connection with the execution of the Contract shall be borne by the Customer himself/herself. The use of means of distance communication to order services on the Website shall not be charged at any special rate.

10. RIGHTS AND OBLIGATIONS OF OKZAKLADY

 The obligations of OKZAKLADY follow from the generally binding legal regulations, especially from the Consumer Protection Act and the Civil Code vis-à-vis consumers and from the Civil Code vis-à-vis other entities.

 The Website contains a complete list of the services offered to the Customer, including their basic description and price. All prices of the services presented on the Website are in Polski złoty

 , including the statutory VAT. Discounts and promotions, if applicable, shall not be combined, unless explicitly stated otherwise on the Website. The payment terms are specified in these GT&C.

 The prices of the services presented shall remain valid for the period for which they are displayed on the Website. OKZAKLADY reserves the right to change the price of the services if the price is specified incorrectly and in the case of a technical error or any other objective cause of an incorrectly specified price. If OKZAKLADY makes an obvious mistake when specifying the price of the services on the Website or during the order process, OKZAKLADY shall not be obliged to provide the services to the Customer for such obviously incorrect price, even if the Customer has already paid the price (and the Contract has thus been executed). In that case, OKZAKLADY has the right to withdraw from the Contract.

 If the price of the services specified on the Website or during the order process is no longer up-to-date, the Customer shall be informed of this fact without delay. If the Customer has not yet paid the price, OKZAKLADY shall not be obliged to execute the Contract.  

 If OKZAKLADY notices any suspicious payment transaction using a payment card or any other means of payment, OKZAKLADY shall report this fact to the competent institutions and governmental authorities. At the same time, OKZAKLADY reserves the right not to perform, or to suspend the performance of, the service at least until the matter is resolved and until it is confirmed that the payment transaction was authorised.

 The information and data provided by the Customer shall be considered to be true by OKZAKLADY and OKZAKLADY shall provide the service ordered on the basis thereof.

 OKZAKLADY shall not be liable for any harm incurred by the Customer or a third party as a result of untrue or distorted information and data provided by the Customer.

 OKZAKLADY shall not be liable for any damage incurred by the Customer, whether directly or indirectly, as a result of using a tip or any other information (such as an analysis). 

 OKZAKLADY shall not be liable for any damage or harm, including intangible damage, incurred by the Customer or a third party as a result of the Customer’s failure to comply with these GT&C.

 If the Customer withdraws from the Contract, OKZAKLADY shall confirm the acceptance of such withdrawal to the Customer without undue delay electronically or in writing and shall assess such withdrawal from the Contract without undue delay. If the withdrawal from the Contract is found justified, the funds or, if applicable, the aliquot portion thereof, shall be refunded to the Customer within 14 days after delivery of the withdrawal from the Contract. If the Customer has already used the service, the Customer does not have the right to the refund of the funds. It is explicitly agreed that the fact that the success rate of the tips mediated by OKZAKLADY is lower than that expected by the Customer or that the analyses provided are not as detailed as expected by the Customer shall not constitute a reason for withdrawal from the Contract. The Customer acknowledges this fact.

 OKZAKLADY has the right to terminate the Contract (a) if the Customer is financially uncapable of complying with the terms and conditions of the Contract or if the Customer fails to comply with them by the deadlines defined in the Contract or these GT&C, (b) if the performance of the Contract becomes impossible, (c) if OKZAKLADY becomes unfit to operate the services or decides to terminate the operation of its activities, (d) if the client provides untruthful or grossly distorted information to OKZAKLADY, or (e) in other cases specified in these GT&C. The notice of termination must be sent in writing to the Customer’s address or e-mailed to the Customer’s e-mail address. The notice period shall be 7 days and shall commence on the date of delivery of the notice of termination to the Customer.

 Due to the personal data security and protection of our analyser team, OKZAKLADY reserves the right to change or shorten the names of team members listed on our website.

 

 

11. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

 

 Only a person who has reached the age of 18 years, enjoys full legal capacity and agrees with these GT&C may view the Website and order and use the services offered on the Website.

 The Customer represents that the order of the service on the Website has not been made under coercion within the meaning of Section 587 of the Civil Code.

 By sending a binding order, the Customer automatically agrees with the use of means of distance communication in the execution of the Contract. Any costs incurred by the Customer in connection therewith shall be paid by the Customer.

 When selecting the service, the Customer shall consider its type and purpose. 

 The Customer has the right to verify all information with OKZAKLADY by making a query by telephone or e-mail.

 The Customer shall pay to OKZAKLADY the price of the services agreed when executing the Contract.

 The payment terms, i.e. the payment methods, form the contents of communication between OKZAKLADY and the Customer during the process of ordering the service, and the Customer is provided with sufficient options as regards selection of the means of payment. The payment terms are specified in these GT&C. 

 The Customer represents and agrees that the services provided by OKZAKLADY are ordered by the Customer at his/her own risk and exclusively for his/her own needs. 

 The Customer represents that (s)he has considered his/her financial standing and his/her financial capacity before executing the Contract and that (s)he intends to use the services offered being aware of the above. 

 The Customer represents and agrees that the services and the products provided in connection therewith (such as analyses, etc.) may be used solely for private purposes and that the Customer may not publicly handle, present or use such services and products at any place; otherwise the Customer shall be liable for any damage or harm, including intangible damage, incurred by OKZAKLADY as a result thereof.

 The Customer may not provide the tips received to third parties. If the Customer breaches this obligation, OKZAKLADY may withdraw from the Contract. In that case, the Customer shall also pay to OKZAKLADY, within 15 days of delivery of the request for payment, a contractual penalty in the amount of PLN 1 500 for each individual breach of this obligation. This shall in no way prejudice the right of OKZAKLADY to compensation for damage by the Customer. 

 The Customer represents and agrees that the services and the products provided in connection therewith (such as analyses, etc.) may not be used in any manner that could cause any damage or harm, including intangible damage, to any other person on the basis of the service provided by OKZAKLADY.

 If the Customer causes any damage or harm, including intangible damage, to any other person as a result of the service provided, the Customer shall provide compensation for such damage directly to the person to whom the damage was caused. In that case, OKZAKLADY shall not bear any liability and shall not be obliged to participate in the settlement of the damage in any manner.

 The Customer may withdraw from the Contract for the reasons set out in the Civil Code. The Customer acknowledges that it is explicitly agreed that the fact that the success rate of the tips mediated by OKZAKLADY is lower than expected by the Customer or that the analyses provided are not as detailed as expected by the Customer shall not constitute a reason for withdrawal from the Contract.

 If the Contract terminates for any reason (i.e., by expiry of the membership period, withdrawal from the Contract or otherwise), any Credits that have not been used by the Customer shall expire, they cannot be exchanged for money and OKZAKLADY shall not be obliged to refund to the Customer the financial amount corresponding to the value of the Credits that have been purchased and have not been used by the Customer. Any unused Credits will still remain in the Customer Account and, if the Customer purchases further membership or service, these Credits will become active again and the Customer will be free to use them.

 

12. CONSUMER’S WITHDRAWAL FROM A CONTRACT EXECUTED WITH THE USE OF MEANS OF DISTANCE COMMUNICATION

 

By agreeing with these General Terms and Conditions in the order, the Customer expresses his/her consent and explicitly requests that OKZAKLADY commence the provision of the services immediately after the Service Contract is executed, i.e. before the expiry of the statutory deadline for the consumer’s withdrawal from the Contract of 14 days from the date of execution of the Contract.

 

The Customer may withdraw from the Service Contract without specifying the reason within 14 days from the date of execution of the Contract, however, only if the services provided have not been performed yet. The services shall be performed at the moment the Customer has obtained access to the services purchased via his/her Customer Account in the VIP section, regardless of whether or not (s)he has used the services provided, i.e. whether (s)he has logged into his/her Customer Account, has the purchased tips displayed, etc. As regards the purchase of Credits, the service shall be provided and performed at the moment the Customer has purchased the Credits.

 

If the Customer withdraws from the Service Contract and OKZAKLADY has commenced the provision of the services before the expiry of the deadline for withdrawal from the Contract based on the Customer’s express request pursuant to paragraph 1 of this Article of the General Terms and Conditions, the Customer shall pay to OKZAKLADY a proportional part of the price of the services for any performance provided until the moment of withdrawal from the Contract.

 

At the same time, the Customer expressly agrees that the services pursuant to these GT&C may be performed (delivered) before the expiry of the statutory deadline of 14 days from the date of execution of the Contract, and the Customer thus acknowledges that, in that case, the Customer does not have the right to withdraw from the Contract in accordance with Section 1837 of the Civil Code.

 

For the purposes of exercising the right to withdraw from the Service Contract, the Customer must inform OKZAKLADY of his/her withdrawal from this Contract by means of a unilateral legal act, i.e. by a letter sent via a postal licence holder or by e-mail to: OK Analytical Services s.r.o., Rybná 716/24, Staré Město, 110 00 Prague 1, info@okzaklady.pl. The Customer may use the Contract withdrawal form available here to withdraw from the Contract.

 

The deadline for withdrawal from the Contract is deemed to be met if the Customer sends a notice of withdrawal from the Contract to OKZAKLADY before its expiry.

 

If the Customer withdraws from the Service Contract, OKZAKLADY shall refund the funds received or, if applicable, the proportional part thereof, to the Customer without undue delay and in any case not later than within 14 days after delivery of the notice of withdrawal from the Contract to OKZAKLADY. For the refund of the funds, OKZAKLADY shall use the same means of payment as that selected by the Customer to perform the initial transaction, unless explicitly specified otherwise by the Customer.

 

 

13. PAYMENT TERMS

 

The Customer shall pay to OKZAKLADY the price of the services ordered.

 

The price of the services in PLN, i.e. Polski złoty, shall be payable simultaneously with the placement of the order, unless explicitly specified otherwise. In case of payment by means of wire transfer, the Customer’s obligation to pay the price of the service shall be deemed performed at the moment the account of OKZAKLADY is credited with the relevant amount.

 

The Customer may pay the price of the services via the GoPay payment gate (to which (s)he will be automatically redirected after the order has been created) or by means of a wire transfer based on the instructions that will be provided to him by OKZAKLADY and that can be also obtained by e-mailing a request to: payment@okzaklady.pl

 

If paying the price of the services where the Contract is automatically renewed pursuant to Article 4 of the GT&C via the GoPay payment gate, the Customer expressly agrees with the repeated payment for the service being established in favour of OKZAKLADY for the term of the Contract. 

 

Repeated payment means the automatic debiting of payments from the Customer’s payment card entered in the GoPay payment gate. The Customer acknowledges that, for the purpose of repeated payments, his/her payment details will be saved by the GoPay payment gate. GoPay shall treat the Customer’s payment details in accordance with the international security standard PCI-DSS Level 1 (which is the top level of data security in the financial sector).

 

Repeated payments shall be made in the amounts and frequency specified in the executed Service Contract.

 

The Customer acknowledges that some payment methods may be subject to further charges. Before the payment is sent, the final price, already including the charges connected with the selected payment method, will always be specified.

 

 

14. PERSONAL DATA PROTECTION

 

In connection with the execution and performance of the Contract with the Customer, OKZAKLADY processes the Customer’s personal data for the purpose, within the scope and in the manner described in the Privacy Policy, which is available here.

 

 

15. CUSTOMER’S/CONSUMER’S RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

 

The Customer’s rights arising from defective performance shall be governed by the applicable generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).

 

Any claims may be raised by the Customer by e-mail to: premium@okzaklady.pl OKZAKLADYshall resolve any claim without delay, not later than within 30 days of its receipt. OKZAKLADY shall subsequently notify the Customer of how the claim has been resolved.

 

The Customer acknowledges that claims on the grounds of incorrectness of the tips provided or a success rate lower than that expected by the Customer are not admissible considering the nature of the activities of OKZAKLADY, which only have the nature of recommendations/consultations, and that such claims will be disregarded. The tips sent only have the nature of recommendations and OKZAKLADY do not provide any guarantee for the correctness of the tips provided or for their fulfilment in the case of a particular sports event.  

 

 

16. OUT-OF-COURT RESOLUTION OF COMPLAINTS

 

Within the meaning of Section 1820 (1)(j) of the Civil Code, OKZAKLADY informs that out-of-court resolution of complaints shall take place via the contact details of OKZAKLADY, especially via the e-mail address at: premium@okzaklady.pl OKZAKLADY shall send the information concerning the resolution of the Customer’s complaint to the Customer’s e-mail address. The options as regards contacting the supervisory authorities are regulated in the applicable legal regulations.

 

In case of any consumer dispute between OKZAKLADY and the Customer (consumer) following from the Service Contract, where the dispute cannot be resolved by mutual agreement, the Customer may file an application for out-of-court resolution of the dispute with an entity authorised to deal with out-of-court resolution of consumer disputes, specifically:

 

Czech Trade Inspectorate

Central Inspectorate – ADR department

Štěpánská 15

120 00 Prague 2

 

E-mail: adr@coi.cz

Web: adr.coi.cz

 

The Customer may also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

 

17. FINAL PROVISIONS

 

These GT&C form an integral part of each Contract which is executed via the Website.

 

All amendments to these GT&C shall be recorded electronically by OKZAKLADY and OKZAKLADY shall make them accessible to the Customer at the Customer’s request.

 

The wording of the GT&C may be amended or supplemented by OKZAKLADY. The rights and obligations of the Parties to the Contract shall be always governed by the wording of the GT&C during the effective term of which they arose, i.e. by the wording effective at the moment of execution of the Contract. In case of any amendment to the Terms and Conditions, OKZAKLADY shall specify the date of the amendment and shall make a link to the previous valid Terms and Conditions accessible to the Customer to cover a situation where the Customer places an order during the time of a transition from the old Terms and Conditions to the new ones. 

 

The Customer shall be bound by the wording of the Terms and Conditions valid and effective at the time of execution of the Contract.

 

Should the relationship established by the Service Contract involve an international element, then the Parties agree that this legal relationship shall be always governed by the legal regulations of the Czech Republic and the directly binding regulations of the European Union.

 

These GT&C have been drawn up on 31 January 2019 and shall be effective from 1 February 2019 until their potential amendment by OKZAKLADY.

 

OK Analytical Services s.r.o.