General Commercial Terms and License Conditions

1. General Provisions

1.1 These general commercial terms and license conditions (hereinafter referred to as the "Terms") of ecomVia a. s. with registered office in Ul. SNP 119, 90873 Veľké Leváre, Slovak Republic, Company ID: 31364799, registered in the Commercial Register of the District Court Bratislava I, Section Sa, File no. 3895/B (hereinafter referred to as the "Provider") closer govern the rights and obligations of the contractual relationship between Provider and the natural or legal person as a party to the contractual relationship (hereinafter referred to as the "User") concluded on (hereinafter referred to as the "Site").

1.2 Legal relations between Provider and User unregulated by these Terms shall be governed by provisions of applicable and effective wording of the Civil Code, the Act on Consumer Protection and the Act on Protection of Personal data and current Slovak legislation and EU legislation.

2. Definitions and concepts

a) The "eBook" for the purposes hereof shall mean a digital document in specialized formats Mobi, ePub, Adobe PDF, which can contain in addition to the text also digital photography, computer graphics and / or multimedia content.

b) The "e-reader" for the purposes hereof shall mean a hardware or software that allows the storage and browsing of eBooks in specialized formats.

c) The "DRM protection" for the purposes hereof shall mean the methods of eBook formats protection in order to prevent their illicit trade, creation of illegal copies and identification of the origin of such copies.

d) The "Service" for the purposes hereof shall mean making eBook copies accessible to download for User through the Site.

3. Service order and User account

3.1 For the Service order the User needs to log in to his user account (hereinafter referred to as the "Account") on the Site. The User will be prompted to create the Account before the first Service order or in the User's access to certain parts of the Site, for which the Provider requires to log in to the Account.

3.2 When registering the Account, the User fills in the required information in the Site form and by checking this form he declares to have read the terms and gives the Provider his consent to the foregoing.

3.3 The User undertakes to provide with his accurate and complete information when registering the Account. He also undertakes to keep the login information to the Account secret and not disclose it to third parties.

3.4 The Provider undertakes to keep the User’s data secret and to dispose of them in accordance with the provisions of section 9 hereof, except for section 3.8.

3.5 The Account allows the User to order the Services from the Provider, to access retrospectively to the Services ordered earlier and to access to those parts of the Site in which the Provider requires the User to log in.

3.6 The Service order on the Site is provided in a strict manner. After selecting one or more eBooks on the Site, the User shall put these into the so-called Virtual Shopping Cart. After inserting, the User can switch to the so-called Virtual Checkout, or continue to select other eBooks.

3.7 In the virtual checkout the Provider may request additional information from the User, in particular, the information necessary for processing payment for the order and allows the User to select the type of payment for the order.

3.8 For the purposes of identification the Provider is allowed to provide some information about the User to the payment system operator selected by the User.

3.9 The order is booked and the Services are provided by the Provider at the moment of the full payment of the price for the order by the User, in accordance with the payment selected by the User. The Services will be provided in the "My eBooks" section of the Account.

3.10 The Provider may cancel the Account without previous notice and compensation if there is a breach of the Terms by the User, or if the Provider finds out that the User granted access to the Account to third parties.

3.11 The User is not entitled to the Services on the Site in purchase of eBooks of the Provider through the Provider’s peer distribution network.

3.12 The User is not entitled to all the specific formats for all eBooks from the Provider’s offer. The User acknowledges that before the Service order is made, he is familiar with the formats in which the particular eBook is available. The Provider may temporarily or permanently stop providing a particular format, without prior notice to the User.

4. Payment

4.1. The Provider enables payment of the Service order in two ways:

4.2 By prior arrangement the Provider may allow the User to pay the order by other means than defined in section 4.1

4.3 The User is entitled to require from the Provider a valid tax invoice to any payment. This will be available for download in the electronic form in the Account upon the payment by the User. By prior arrangement with the Provider, the tax invoice may be delivered to the User by other means.

5. Prices and discounts

5.1 The prices of eBooks published by the Provider on the Site are final, quoted in EUR, including VAT.

5.2 The Provider reserves the right to change these prices without prior notice to the User.

5.3 The Provider may provide at his discretion, either individually or generally, discounts of the prices published on the Site, or provide benefits in the form of free eBooks.

5.4 The Provider may condition providing discounts or benefits by ordering a certain number of eBooks in one order, he may provide discounts or benefits in a limited time, or provide discount only to certain Users at his discretion.

5.5 To provide discounts or benefits by Provider, the User thereby incurs no legal claim, and also it is not possible to give discounts retroactively to already implemented and / or paid orders.

5.6 The Provider reserves the right without prior notice to suspend, reject, or cancel provision of discounts or benefits.

6. Complaints and Withdrawal of Order

6.1 The User, due to the nature of eBook, as the author's work with the generated DRM protection, specifically for a particular User, is not authorized in accordance with § 12 par. 5 c) of Act no. 108/2000 Coll. to withdraw from the paid order.

6.2 The Provider will not accept any complaints made by the User for the reasons he allegedly did not know that the subject of the order includes eBooks and not printed books.

6.3 The Provider will not accept any complaints made by the User due to technical incompatibility with the User's device. The User acknowledges that, prior to the Service order, he was informed on the necessary technical equipment for reading eBooks in a specialized format and on advice on technical equipment which the content of the eBook is referring to or linked with.

7. Liability of Parties

7.1 The Provider shall not be liable for any damages caused to the User by using the ordered services, eBooks, or the Site.

7.2 The Provider shall not be liable for non availability of services, or the Site due to technical maintenance, technical failures, or failures of the Internet connection.

7.3 The Provider shall not be liable for the incompatibility of the e-reader, or other User’s hardware and software incompatibilities related to the use of the Services or the Site.

7.4 The Provider shall not be liable for the financial damages when applying the steps outlined in section 3.10.

7.5 The Provider shall not be liable for the compatibility of formats of his eBooks purchased by the User through the Provider’s peer distribution network.

8. Personal Data Protection

8.1 The User, through the Account registration, shall grant consent to the Provider to the processing of the data provided for the purposes of:

8.2 The Provider undertakes not to provide the data collected by the User to third parties, except as provided in section 3.8 of the Terms, or unless applicable legislation or any public body of the Slovak Republic requires otherwise.

8.3 The Provider undertakes to treat the data obtained by the User in accordance with § 28, § 29 and § 30 of the Act no.122/2013 Coll.

9. E-mail communication

9.1 The User agrees to receive messages via e-mail by the Provider to his e-mail address provided when registering the Account.

9.2 The User agrees to receive commercial offers of the Provider or offers made by the Provider’s partners via e-mail. The User has the possibility at any time to unsubscribe from receiving such offers in his Account.

10. Copyrights

10.1 The Provider, based on the payment for the ordered Services, provides a license granted to the extent that allows the User to use the eBook solely for the purpose of personal education.

10.2 The User is not entitled to:

10.3 The User activities referred to in section 10.2 shall be deemed by the Provider serious violation of the provisions hereof. The Provider will proceed to the steps defined in section 3.10. The Provider shall take steps to protect the rights of the authors he represents and to the compensation for the damage incurred by a violation of the provisions hereof by the User.

11. Final arrangements

11.1 The Provider reserves the right to amend these Terms at any time without prior notice.

11.2 These terms and conditions come into force and effect on 1 June 2014.