1. Introductory Provisions
1. These General Terms and Conditions (hereinafter the “GTC”) of the Provider regulate, in compliance with sec. 1751 (1) of Act No. 89/2012 Sb., the Civil Code, as amended, (hereinafter the “Civil Code”), the mutual rights and obligations of the parties which arise under or in connection with a contract made between the Provider and another individual or a legal entity via the Provider’s following websites: unicornuniversity.net or courses.unicornuniversity.net (hereinafter the “Website”).
2. The client acknowledges that these GTC are binding on both parties and that their relationships are governed by them, unless the parties agree otherwise in a contract.
3. When supplying services, the Provider processes personal data in the manner and to the extent described in the document called Principles of Personal Data Processing, available at https://courses.unicornuniversity.net/cs/gdpr (hereinafter the “GDPR Principles”).
4. By using our services, you express your consent to these GTC. You are thus advised to devote time to reading them carefully.
2. Definitions
1. Activity
· is a key means of communication in the Plus4U Application. The Activity can be used to assign tasks, provide information to other users, or plan one’s own activities.
2. Price
· means the price for an individual Training or Micro-certificate Course stated on the Website. The prices stated there include VAT.
3. Helpdesk
· is the Provider’s central contact place for reporting defects, making requests, or raising complaints. The Helpdesk can be contacted via the various channels stated in the +4U Helpdesk portal (VPH-BT:PLUS4UHELPDESK), as well as via the www.plus4u.net website.
4. Client’s Identification Details
· means: (a) in the case of a Consumer, their first name and last name, email address, and telephone number; (b) in the case of an individual – entrepreneur(a self-employed person), all the information listed in (a), as well as the identification number of that person and their tax identification number;and/or (c) in the case of a legal entity, its name, address of the registered office, its identification number, and the identification data of its representative.
5. Micro-certificates
· The Provider offers Micro-certificates for individual programmes of study in the fields of IT and business. The conditions for acquiring a Micro-certificate, including the contents of individual programmes of study taught by particular lecturers of the Provider, or, as the case may be, of related services and their prices, are stated for each Micro-certificate on the Website.
6. Entrepreneur
· means a person who independently, at their own liability and expense, conducts gainful activities in the form of a trade or in a similar manner with the intent to do so on a continuous basis for the purposes of making a profit as defined in sec. 420 of the Civil Code.
7. Plus4U Service
· is a modern Internet service for running information systems operated by the company Plus4U Net a.s., registered office: V kapslovně 2767/2, PSČ 13000, Praha 3; company ID: 283 83 559. The provision of the Plus4U Service is governed by the conditions for use which can be found at: https://www.plus4u.net/plus4u/terms (hereinafter also “Plus4U”).
8. Contract
· means a contract made under these GTC between the Provider and a Client which governs the provision of Educational Services under the conditions set out in the GTC.
· Within the framework of the provision of the Educational Services, where the subject of the service is a face-to-face Training or a face-to-face Micro-certificate lesson, the parties enter into an agreement for the use of free time(hereinafter “Leisure Time Agreement”).
· Where the subject of the Educational Services includes an online Training, an online Micro-certificate lesson, an online lecture or another event of a similar nature, or a recording of such an event, the parties enter into a contract for the provision of digital content (hereinafter the “Digital Content Agreement”; together, the Leisure Time Agreement and the Digital Content Agreement are referred to as the “Contract”).
9. Consumer
· means any individual who, outside of the scope of their business activities or the independent performance of their profession, makes a Contract with the Provider, or who otherwise deals with the Provider within the sense of sec. 419 of the Civil Code.
10. Training
· refers to a training (whether educational, professional, or other)organised by the Provider in any format (particularly online, face-to-face, or in a combined manner) within the framework of which schooling on a particular topic is provided to multiple persons by a lecturer of the Provider. The content and the scope of the training, and of related services, as the case may be, are stated directly at a particular Training on the Website.
11. Educational Services
· is a general term which refers to any Training or Micro-certificate Course, unless expressly stated otherwise.
12. Client
· means the Entrepreneur and the Consumer, i.e. any individual, self-employed person, or legal entity who either negotiates with the Provider about the Contract or who has entered into the Contract with the Provider in compliance with these GTC. Where the Client is an individual, he/she warrants, by placing an order, that their legal capacity has not been restricted as defined in sec. 55 and foll. of the Civil Code.
13. +4U Mall Service
· an online service that facilitates the purchase and sale of goods and services in the on-line Plus4U Service.
14. +4U Fair Pay Payment System
· an application enabling to make and register payments for goods and services in the on-line Plus4U Service.
3. Conditions for the Making of the Contract
1. For the purposes of ordering Educational Services, the Client fills out an electronic registration form available on the Website. When filling out the registration form on the Website and ordering the Educational Services, the Client must accurately and truthfully provide all of their Identification Details. The Client is obligated to update their Identification Details provided in the registration form whenever they change.
2. The Client acknowledges that the Provider will consider the Client’s Identification Details provided when ordering the Educational Services to be correct and accurate, and that any inaccuracies therein will not be to the detriment of the Provider. The Client agrees to indemnify the Provider for any harm incurred in consequence of and/or in connection with inaccurate or untrue Identification Details provided by the Client.
3. It is only possible to order Educational Services via a registration form if the Client reads these GTC and the GDPR Principles and confirms that they have done so in the registration form. By placing an order (submitting a filled-out registration form), the Client confirms the following facts:
a. the correctness, accuracy and completeness of their Identification Details;
b. the required type of Educational Services and the Price therefor;
c. their consent to the GTC, to the cessation of the right to terminate the Contract by withdrawal, and to the GDPR Principles.
4. Upon the receipt of an order, the Provider will inform the Client about whether they accept the order for the provision of Educational Services or not. The Provider is entitled to reject the order at any time, particularly if it is not possible to provide the Educational Services.
5. A Contract between the Provider and the Client is made at the moment of the delivery of a notice of acceptance of the order by the Provider to the Client’s email address provided in the registration form.
6. The Website contains information about the Educational Services and their Prices. The Prices are stated including VAT. The Prices remain effective for the period for which they are displayed on the Website. This provision is not to the prejudice of the Provider’s right to enter into a Contract under individually agreed-upon conditions, be it on the grounds of an individual order made by the Client via“Tailored Trainings” available on the Website or otherwise.
7. The Client agrees that the Contract be entered into making use of means of distance communication. Any costs incurred by the Client in connection with the use of means of distance communication when making the Contract (particularly, without limitation, the costs of an Internet connection or the costs of phone calls) are borne by the Client.
8. The Contract between the Provider and the Client negotiated under individualised conditions pursuant to Article 3 (6) of these GTC is made at the moment of its content being confirmed and accepted in full by both parties, be it by means of electronic communication, in writing or by phone. Where the Contract is entered into by phone in compliance with this paragraph, the Provider will send to the Client an affirmation regarding the agreed-upon contents of such Contract in an electronic format, either to the email address of the Client or via the Plus4U Service.
9. If the Contract is made between the Provider and an Entrepreneur, the parties acknowledge and agree that section 2389a and foll. of the Civil Code do not apply and that the relationship between them is governed by the Contract, these GTC, and general provisions of the Civil Code.
4. Price and Payment Conditions
1. The Client is obligated to pay the price for the Educational Services. The Provider is a VAT payer. The total Price is available on the Website under each individual type of Educational Service separately, and the prices may be changed unilaterally by the Provider.
2. Upon entering into the Contract, i.e. upon the acceptance of the Client’s order by the Provider, the Provider will send a tax document (an invoice) to the email address of the Client provided in the order so that the Price can be paid by a cashless transfer, to which the Client consents. The Client agrees to pay the Price within 10 days of the issuance of an invoice. The Price is considered paid once the amount of the Price has been credited to the Provider’s account stated in the invoice.
3. If the Provider states so in an ordering form or when they accept the order, payment will be made by the Customer via a customer account set up and maintained by Plus4U Fair Pay a.s., ID No. 025 08 486, with its registered office at V Kapslovně 2767/2, Prague 3, which uses its system to settle payments for goods and services offered by a limited network of Plus4U suppliers, of which the Provider is a member. This customer account is intended solely for the settlement of payments for goods and services offered by a limited network of Plus4U suppliers as a narrowly defined group of suppliers within the meaning of Section 3 (3) (c) (4) of Act No. 370/2017 Coll., on Payment Services ("Payment Services Act"). For this reason, the establishment and maintenance of a customer account, as well as the settlement of payments through this account, is not a payment service within the meaning of the Payment Services Act, and its owner is therefore not covered by the protection provided by the legal regulations for payment services within the meaning of the Payment Services Act. It is fully responsible for the execution of listed payments witin the Plus4U service according to its Terms of Use available here: www.plus4u.net/fair-pay/terms.
- Payments by card and payments by online bank transfers for the company are provided by the Comgate payment gateway. The service provider, Comgate, a.s. (Gočárova třída 1754 / 48b, Hradec Králové), is a licensed foreign payment institutions providing cross-border services. Payments made through the payment gateway are fully secured and all information is encrypted. Payment by card - The customer enters the card number, validity date and CVC code into the Comgate payment gateway interface - three numbers, which he will find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code, which you will receive by SMS from your bank.
- Payments by online bank transfers for the company are provided by the Comgate payment gateway. The service provider, Comgate, a.s. (Gočárova třída 1754 / 48b, Hradec Králové), is a licensed foreign payment institutions providing cross-border services. Payments made through the payment gateway are fully secured and all information is encrypted. Payment by online bank transfers is an instant payment via internet banking. The Comgate payment gateway redirects the customer to his internet banking, where he logs in as usual and confirms the already prepared payment order.
- Other offered payment methods for the company are provided directly by Plus4U Fair Pay a.s.
5. Study Materials for the Educational Services
1. By entering into the Contract, the Provider agrees to provide the ordered Educational Services to the Client. For those purposes, the Client can be provided with study materials or other documents. The Client acknowledges that, in order to complete a Training or to obtain a Micro-certificate, they may be required to register with the Plus4U Service free of charge for the purposes of making tuition materials available to them. The Provider will always inform the Client electronically in advance about the need to create a user account in the Plus4U Service.
2. Access to materials within a Training or a Micro-certificate Course is determined for each individual course by the lecturers thereof. The materials may, at the option of the Provider or the lecturer in a particular Educational Service, be provided in a printed format or electronically via the Plus4U Service.
6. Complaints
1. The Client has the right to make themself familiar with the focus and content of the Educational Services before they order them, inter alia on the Website.
2. The Client has the right to complain about defective provision of the Educational Services provided –particularly, without limitation, about a lecturer’s teaching methods, the methodological contents of the Training or Micro-certificate Course, and/or the organisation of the Training or the Micro-certificate Course.
3. Complaints regarding defects in the Educational Services must be lodged without undue delay, at the earliest possible convenience after they are learned of, however, not later than 6 months after the Educational Services have been made available. If a complaint about a defect is not lodged in a timely manner, the rights arising therefrom under the liability for defects lapse and the Client is not entitled to raise claims. However, this does not apply if a defect arises in consequence of a circumstance about which the Provider must have known at the time of the delivery of the Services. The period for making claims arising from defects is then extended by the amount of time for which any previous complaints which were found grounded were dealt with.
4. Any complaint is to be made by the Client immediately after they have learned of the subject of the complaint, either via an email sent to education@unicorn.com, or by phone, or via the Helpdesk.
5. A complaint must include the following information:
· the Client’s Identification Details;
· the full name of the participant in the Educational Service or of the person who is handling the complaint on behalf of the Client, including their telephone number and email address;
· identification of the Educational Service – the date of purchase or realisation thereof, its name, and/or the number of an invoice issued;
· a description of the issue – the grounds for the complaint.
6. If the complaint sent by the Client to the Provider does not include the required information listed above, it will not be accepted and dealt with thereafter.
7. The Provider is liable for the provision of the Educational Services under the Contract in compliance therewith and with these GTC, particularly for the fact that the Educational Services be provided without defects. However, the Provider does not provide any warranties for the quality of the Educational Services. The Provider is not liable for defects caused by an insufficient or unsuitable digital environment on the part of the Client.
8. When making a complaint about the Educational Services, the Client is obligated to provide the necessary cooperation to the Provider. If the Client fails to provide cooperation, it is up to the Client to prove that the Educational Services suffer from the defect complained about, and that the Provider is liable for it.
9. The Provider must deal with a complaint no later than within 30 days of it being received from the Client, unless the Provider and the Client agree otherwise. The date of the receipt of the complaint is the date on which the complaint has been delivered to the following email address: education@unicorn.com.
10. Depending on the nature of the defects and under the conditions set out in the Civil Code, the Client making a complaint can claim that a defect be removed if the defect is reparable; if the defect is irreparable, the Client is entitled to claim a discount on the Price, or to withdraw from the Contract.
11. Any complaints or claims regarding the payment made via the Comgate payment gateway processes service provider, Comgate, a.s. (Gočárova třída 1754 / 48b, Hradec Králové) e-mail: platby-podpora@comgate.cz, Tel: +420 228 224 267.
12. Any complaints or claims regarding the payment made via the +4U Fair Pay system are settled by Plus4U Fair Pay a.s., company registration number 02508486, with its registered office at V Kapslovně 2767/2, Prague 3, according to the Claims Procedure available at https://plus4ufairpay.cz/en/complaints_new.
7. Client Rights and Obligations
1. The Client agrees:
a. to always act pursuant to the written or oral instructions of the lecturer of the Educational Service or of the person authorised thereto by the lecturer;
b. to refrain from any acts which might cause damage to property, endanger the health of other participants in the Educational Services, or damage the legitimate interests of the Provider;
c. to behave in the Trainings or Micro-certificate Courses politely and decently, in compliance with good morals and with the internal regulations that apply at the location where the Educational Services take place, with which the Client will be made familiar, and with generally binding laws and legal regulations, taking the interests of the Provider, of other participants, and/or of other participating persons into consideration.
2. The Client and the Provider will render any cooperation to one another that is required for the smooth operation and due provision of the Educational Services.
3. The Client acknowledges that the Educational Services can be provided at a location accessible to the general public, and that visual, audio, or audiovisual recordings may be taken during the Educational Services which may be further used for promotional purposes, in particular.
4. The Client hereby grants consent to the making and publishing of visual, audio, and/or audiovisual recordings which display their image or their speeches of a personal nature. The Client acknowledges that should the need arise, they may require that the publication of such recordings be refrained from, whereby they will withdraw their consent. In such a case, the consent is regarded as validly granted until the moment of it being withdrawn. The withdrawal of consent is not to the prejudice of modes of handling of the recordings which do not require the Client’s consent.
5. The Client must not remove or alter any protective security features, the name of the Provider, or other names from the sources and other materials obtained in the course of the provision of the Educational Services.
6. If the Clients use the Plus4U Service and the Educational Services, they must not use them to send commercial communications or unsolicited mail (SPAM), to spread illegal, obscene, threatening, or otherwise inappropriate content, to encroach upon the rights of the Provider or of third persons, or use them in another manner inconsistent with the purpose of the Services.
7. If they use the Plus4U Services, the Clients are obligated to keep their access data confidential, and they bear full liability for all activities carried out with the use of their access data. If the Client becomes aware of the fact that their access data have been unlawfully used by a third person, the Client is obligated to inform the Provider about it without undue delay. The Provider is not liable for any damage or other injury caused by the loss or abuse of the access data.
8. The Client is liable for any damage or injury caused by a breach of the Contract, of these GTC, of the instructions given by the Provider or by a particular lecturer of the Educational Service, or by the violation of generally binding laws and legal regulations, and for harm arising in connection with any such breach or violation, as well as for any costs incurred by the Provider or its lecturers in connection with the rectification of the consequences of such breaches or violations.
8. Provider Rights and Obligations
1. The Provider is obligated to provide the Educational Services to the Client in compliance with the Contract entered into, and with these GTC. The provider agrees to provide the Client with the data necessary to sign into the virtual or other Internet environment(web interface) in which the Educational Services will take place or in which the study materials will be made available. The Client acknowledges and agrees that the Provider does not provide the Client with any updates in connection with the provision of the Educational Services.
2. The Provider is entitled to change the date of the Training or Micro-certificate lesson, to change the place and/or the lecturer thereof, as well as other elements stated in the information about the Educational Service. In such a case, the Provider is obligated, if possible, to inform the Client about any changes in advance, either by phone or email.
3. The Provider is entitled to terminate, or suspend indefinitely, the provision of the Educational Services or any parts thereof, particularly in the following situations:
a. in order to put into practice the measures or decision of public bodies (e.g. emergency situations, pandemics, legislative measures);
b. if they lack the teaching personnel (lecturers);
c. due to defects of a technical or operational nature;
d. due to operational maintenance and/or repairs, or deployment of a new version;
e. once the financial or volume limits set for individual services have been exceeded.
4. The Provider will inform the Client about the termination or suspension of the provision of the Educational Services, as well as about the reasons therefor.
5. The Provider reserves the right to cancel a Training or an individual Micro-certificate lesson no later than 1 working day before its beginning for reasons which are beyond the Provider’s control (e.g. when a lecturer falls ill, or the provision of utilities is suspended); the Provider also reserves the right to cancel a Training if a minimum number of participants has not been met.
6. The Client will be informed about the cancellation of a Training or an individual Micro-certificate lesson. The Client’s order of the Training will be automatically transferred to the closest available date of the Training, or a sum equal to the Price will be returned to them. The Client will be informed thereof without undue delay. A cancelled Micro-certificate lesson will be made up on the closest possible date, about which the Client will be informed either by the Provider or by the lecturer. In such a case, the Client is not entitled to compensation for the harm incurred.
7. Within the framework of the provision of the Educational Services, the Provider can display advertisements and offers at the places intended therefor.
9. Communication
1. Communication between the Client and the Provider takes place exclusively electronically (via email) or by phone, unless the parties agree otherwise.
2. The Client acknowledges that the Plus4U Service allows for the sending of so-called notification emails. The sending of these emails can be set individually by the Client in the settings section of the Plus4U Service. These emails do not constitute advertising as defined in Act No. 480/2004 Sb.; they solely summarise the Activities in the Plus4U Service that concern the Client.
10. Liability
1. The Provider is only responsible for the organisation of the Educational Services. Where the fulfilment of the Contract on the part of the Provider is prevented by force majeure (e.g. restrictive measures enjoined by the state, a natural disaster, and the like), the Provider is not obliged to provide the Educational Services, and the Client has no right to compensation for damage sustained.
2. The Provider does not bear any liability for damage caused by the suspension of operation or by a technical failure of the Educational Services or the Plus4U Service, nor for any other suspension or restriction of the provision of the Educational Services, unless the harm caused either infringes on a person’s natural rights or is caused by the Provider intentionally or by gross negligence.
3. The Client expressly acknowledges that the Provider bears no liability for:
a. any misconduct or harm caused by the Client granting, or allowing access, within the framework of the Educational Services, to the information stored to a third person;
b. a loss of data;
c. damage caused by the use of the Educational Services. All risks are borne by the Client.
4. Where the liability for damage to the Client arises on the part of the Provider, the Provider is liable to the maximum amount of CZK 10,000, with the exception of harm caused intentionally, harm to health, and harm the liability for which cannot be disclaimed or limited under the law. The Provider is only liable for actual damage caused to the Client, not for loss of profit, indirect damage, or damage caused to third persons.
5. Where an Internet connection is necessary for the provision of the Educational Services, the Provider is not responsible for the quality of the Client’s Internet connection. The choice of the Internet provider is up to the Client, and arranged by the Client themself, in their own name and at their own expense.
6. The Provider bears no liability for any losses or damage which might occur or result from any changes which the Provider can make in connection with operational maintenance, repairs and/or the deployment of a new version of the Plus4U Service, or which are caused by the erasure, damage or non-storing of any content when using the Plus4U Service. The Provider does not guarantee that failures in the operation or functionality of the Plus4U Service will be made right, nor the time limit within which the failures are to be rectified.
11. Copyright
1. The Client acknowledges that all intellectual property rights associated with the provision of the Educational Services, (which particularly means all works of authorship, trademarks, business names, logos, and source codes protected under Act No. 121/2000 Sb., to provide for copyright and neighbouring rights and to change certain other laws [hereinafter “the Copyright Act”]), and other items of intellectual property, including innovations, developments, know-how, trade secrets, materials, technological processes, methods, procedures, business plans, marketing data, information about prices, information about the efficacy of marketing means, and the like, which the Provider holds or owns (hereinafter the “IP Rights”) always remain the exclusive property of the Provider.
2. Information contained in the Plus4U Service or information obtained thanks to the content of the Educational Services can be used in compliance with the purpose of the Contract or these GTC, i.e. for one’s own education or for the education of another person. Any other use of the content of the Educational Services, particularly the spreading thereof for the purposes of making a profit or further processing, including modifications and copying, is prohibited. The entire content of the Educational Services is protected in compliance with legal regulations which particularly concern intellectual property rights. The entire content of the Educational Services is the property of the Provider, or of the persons who granted licences to such content to the Provider of the Educational Services.
3. The Client acknowledges that any tangible or intangible results from the Educational Services provided represent a work as defined in the Copyright Act, and that they are protected under said Act. The Provider hereby grants to the Client a non-exclusive, unlimited, in terms of time and territory, licence to the results, provided that the Client is, in particular, not allowed to use such results for purposes other than their own use, i.e. the Client is prohibited to further spread, sell, lease, communicate to the public, or otherwise provide the results to third persons.
4. It is prohibited to make any audio or audiovisual recordings during a Training or while participating in Micro-certificate lessons without the express consent of the lecturer. It is also prohibited to disseminate in any manner whatsoever, to grant access to, or to otherwise make the recordings made available to third persons, be it for consideration or gratuitously.
12. Termination of the Contract
1. The Provider can terminate the Client’s Contract with immediate effect without a notice period if the Client has materially breached or breaches the Contract or these GTC.
2. Along with the termination of the Contract, the Client’s account within the Educational Services is cancelled. The user account established for the purposes of the general use of the Plus4U Service is preserved for the Client. The Client can continue using other products and services within the Plus4U Service in compliance with their own general terms and conditions.
3. The Client is entitled to withdraw from the Educational Service ordered and to inform the Provider thereof via electronic communication. In the case of the termination of a Contract by withdrawal from the Educational Service, the following applies, unless the parties agree otherwise:
a. If the Contract is terminated fewer than 7 working days before the provision of the Educational Service starts, the Client will be charged 50% of the Price of the Educational Service.
b. If the Contract is terminated fewer than 2 working days before the provision of the Educational Service starts, the Client will be charged 100% of the Price of the Educational Service.
c. If the Client does not participate in the Educational Service order, the Client will be charged 100%of the Price of the Educational Service.
4. If the Price has already been paid to the Provider, the Provider will return to the Client a proportionate part of the Price under the previous paragraph within 10 days of the date of withdrawal from the Educational Service in the same mode as in which the Price was paid.
5. In order to avoid any doubt, the following is agreed: the non-participation of the Client in a Training and/or an individual Micro-certificate lesson does not affect the obligation of the Client to pay the Price.
6. If the Client is unable to participate in a Training for reasons beyond their control (e.g. an extraordinary circumstance, illness, and the like) and if they do not deregister from the Training in compliance with these GTC, the Client will inform the Provider thereof without undue delay either electronically or by phone. The Provider can offer to the Client an alternative solution, e.g. another date, a voucher, the participation of a substitute, and the like.
7. The Provider is entitled to withdraw from the Contract in the following cases:
a. The Client orders an Educational Service for which an obviously incorrect Price is displayed on the Website.
b. The Provider is not capable of the provision of the Educational Service.
c. An insufficient number of participants registered for the Educational Service.
d. For other operational reasons– accident, sudden illness of the lecturer, and the like.
e. The Client has been in default on the payment of the Price for a period longer than fifteen (15) calendar days after the date of maturity.
8. The Provider will inform the Client thereof without undue delay after they have learned of the reason for withdrawal from the Contract. The Provider is further entitled to withdraw from the Digital Content Agreement, particularly in the case of unlawful interference with the Provider’s web interface and infringement on the IP rights.
9. The Client can withdraw from the Contract under the conditions set out in the relevant provisions of the Civil Code.
13. Provisions Regarding Consumer Contracts
1. This Article 13 only applies to Contracts made with Consumers. Unless this Article 13 provides otherwise, the other provisions of these GTC apply with the necessary modifications.
2. The Consumer is entitled to withdraw from the Digital Content Agreement within 14 days of the execution thereof. However, under sec. 1829 (1) of the Civil Code, the Consumer does not have the right to withdraw from the Digital Content Agreement without stating a reason therefor within 14 days of it being executed if the transaction concerns the delivery of digital content as defined in sec. 1837 (l) of the Civil Code which has not been delivered on a tangible medium and was delivered before the expiration of the above-mentioned period for the withdrawal from the SPDO.
3. The Consumer hereby agrees that the Educational Services and materials therefor be made accessible upon the execution of the Digital Content Agreement before the expiration of the 14-day period for withdrawal therefrom. The parties can agree otherwise (e.g. another date, a voucher, the participation of a substitute, and the like).
4. In compliance with sec. 1837(j) of the Civil Code, the Consumer is not entitled to withdraw from the Leisure Time Agreement under sec. 1829 and foll. of the Civil Code. This does not affect provisions regarding the withdrawal (deregistration) from participation under the GTC. The parties can agree otherwise (e.g. another date, a voucher, the participation of a substitute, and the like).
5. The Provider agrees to provide online Educational Services in the required quality and scope, and without defects. The Provider is liable to the Consumer for ensuring that the online Educational Services are free from defects upon delivery, that they correspond to the agreed-upon description and scope, as well as that they are of the quality, functionality, compatibility, interoperability and other agreed-upon characteristics, that they are fit for the purpose for which the Consumer requests them, with which the Provider agreed, and that they are provided with an agreed-upon user manual and with accessories. The Provider is further liable to the Consumer for the fact that the agreed-upon characteristics of the Educational Services satisfy the requirements of sec. 2389i (2) of the Civil Code.
6. The Provider’s liability under the previous paragraph is not established if the Provider specifically informed the Consumer, prior to entering into the Digital Content Agreement, that a particular feature of the online Educational Service was different, and the Consumer expressly agreed with it when entering into the Digital Content Agreement.
7. If the Educational Service has defects, the Consumer can complain about this and has the following rights arising from defective performance:
a. If the Educational Service has a defect, the Consumer can require that it be removed, unless this is impossible or unreasonably expensive; that is assessed particularly with regard to the significance of the defect and the value the Educational Service would have without the defect.
b. The Consumer can require a reasonable discount or can withdraw from the Contract if the Provider failed to remove the defect, or if it clearly follows from the Provider’s declarations or from the circumstances that the defect will not be removed within a reasonable period or without difficulties for the Consumer, if the defect reoccurs after it has been removed, or if the defect represents a material breach of Contract.
c. The Consumer can complain about a defect in the Educational Service that occurs or manifests itself during the term of the Contract. If the Consumer is provided with one-time performance, the Consumer can complain about a defect which occurs or manifests itself within a 2-year period after the Educational Service is made available. The Provider will deal with complaints within a reasonable time frame, taking into consideration the nature of the Educational Service and the purpose for which the Consumer requested it, however, no later than within 30 days of the date of the receipt of the complaint.
d. The Consumer does not have rights arising from defective performance if the defect in the Educational Service occurred solely in consequence of a failure to install the update of the Educational Service necessary for the Educational Service to be without defects for the term of the Contract, the availability of which, as well as the consequences of the non-implementation of which, the Consumer was informed by the Provider.
8. The Consumer is not entitled to withdraw from the Contract and the Provider is not liable for defects if:
a. the defect was caused by an unsuitable digital environment on the part of the Consumer, particularly the network access/connection;
b. the defect in the purchased Educational Service is only marginal, unless the Consumer proves otherwise.
9. The Consumer is obligated to carefully inspect the online Educational Service, particularly its functionality and accessibility. The Consumer is not entitled to raise a claim regarding the online Educational Service if they knew about the defect before the Service was provided, or if the Provider had warned them of the defect, or if the defect had been the grounds for the Provider to give the Consumer a reasonable discount on the Price.
10. Complaints about defects in the online Educational Services must be lodged without undue delay after they have been learned of. Claims under liability for defects in the Educational Services are to be made to the Provider by way of electronic communication(e-mail) at education@unicorn.com, via the Helpdesk, or by phone.
11. The Provider will send to the Consumer’s email, provided in the complaint, a confirmation of the date when the Consumer made the complaint, what the complaint concerned, and how the Consumer requires the complaint to be dealt with. If the Consumer makes a complaint in person, the Provider will issue a confirmation thereof immediately after the complaint is raised.
12. The Consumer can withdraw from the Contract by making any unequivocal statement whatsoever, addressed to the Provider to the address of its registered office, in which the Consumer identifies the Contract they are withdrawing from. In order to withdraw from the Contract, the Consumer can make use of a template withdrawal form under Governmental Regulation No. 29/2023 Sb., regulating model advice of the right to withdraw from distance contracts or off-premises contracts and providing a template withdrawal form for such contracts.
13. The Provider will return the Price to the Consumer using the same means that the Consumer paid it. Parties can agree otherwise provided that the Consumer consents thereto and does not incur any further costs in connection therewith.
14. A body competent to resolve consumer disputes arising from the Contract out of court is the Czech Trade Inspection, entity ID: 000 20 869, with its registered office at:Gorazdova 1969/24, Nové Město, 120 00 Praha 2, website: https://adr.coi.cz/cs. The platform for online dispute resolution available at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the Provider and the Client arising in connection with the Contract.
15. The European Consumer Centre Czech Republic, with its office at Štěpánská 567/15, 120 00 Praha 2, website: https://evropskyspotrebitel.cz, is a contact place established under the Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC(Regulation on Consumer ODR).
16. The Consumer is entitled to apply to the Czech Trade Inspection or an authorised entity no later than within 1 year of the date on which they made a complaint, raised a claim, or asserted another right which is the subject of a dispute with the Provider for the first time.
17. Costs associated with the out-of-court resolution of consumer disputes are borne by the parties themselves.
14. Amending the GTC
1. The Provider is entitled to unilaterally complement and amend these GTC. The Provider must inform their Clients about changes in the GTC by email or via the Activity in the Plus4U Service. Any Client has the right to terminate the Contract by notice with immediate effect within 30 days of the date of them being notified of the changes in the GTC. If the Client does not terminate, they are considered to have accepted the changes, and after the expiration of said period, the amended GTC apply to them.
2. Clients are advised to regularly monitor the up-to-date wording of the GTC.
15. Final and Common Provisions
1. The contractual relationship between the Client and the Provider is governed by the laws and legal regulations of the Czech Republic. Any disputes will be settled before the general courts of the Czech Republic. Where the litigants are parties who are entrepreneurs, the court of competent local jurisdiction is the court in the territory of which the registered office of the Provider is located.
2. If any provision of these GTC proves to be or becomes invalid or ineffective, the validity and effect of the remaining provisions are not affected thereby. The parties agree to immediately replace any such provision with a provision which is closest to the invalid or ineffective one in terms of its sense and purpose.
3. By entering into the Contract, the Client confirms that they have been provided with all of the necessary pre-contractual information, that they have read these GTC sufficiently in advance of entering into the Contract, that they find the provisions of these GTC to be clear and comprehensible, and that they are well aware of their individual rights and obligations arising from the contractual relationship.
4. These GTC become effective on 26. 8. 2025.