GENERAL TERMS AND CONDITIONS OF USE OF MY COLLEGE APPLICATION
1. INTRODUCTORY PROVISIONS
1.1 The provider is in a contractual relationship with the university, under which the university provides the university Information System (UIS) and offers services to support the Operation of the UIS available to Users through a web interface. The provider developed a mobile application called My College available for iOS or Android, which allows access to UIS data and work in selected UIS agendas via mobile devices.
1.2 UIS as a product can be operated at the university also under the trade name Academic Information System, Study Information System or Integrated Study Information system.
1.3 These general terms and conditions govern the rights and obligations when using the application.
Please familiarize yourself with the content of the terms used in these Terms and Conditions:
2.1 Application Means iOS or Android software created by a provider that allows access to UIS data and work in selected UIS agendas via mobile devices, the application is available under the business name My College.
2.2 Copyright Law means Act No. 121/2000 Coll., on copyright law, on rights related, as amended.
2.3 GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
2.4 The Civil Code is Act No. 89/2012 Coll., the Civil Code, as amended.
2.5 Provider Content means, in particular, a summary of the instruments and means, i.e. all materials, information and works (including copyright works) supplied by the provider as part of the service, which create a functional framework of the Service (form).
2.6 University Content includes, in particular, all materials, information and works (including copyright works) supplied by the university as part of the service that creates its content.
2.7 User Content means, in particular, all materials, information and works (including copyrighted works) supplied by the user in connection with the use of the service as texts, images, videos, etc., which may include works by third parties.
2.8 Application Content represents the content of the provider, university content, and user content.
2.9 Terms and conditions means these general terms and conditions of use of the application.
2.10 The provider or We means the company IS4U, s.r.o. , Roubalova 13, 602 00 Brno, IČO: 292 05 336, registered in the commercial register kept by the regional court in Brno, section C, insert 65 487. You can use the following contact details to communicate with us:
Technical Support Web site: https://support.moje-studium.cz
Email for communication related to technical support: firstname.lastname@example.org
Email for communication related to the contract: email@example.com
Correspondent Address: IS4U, s.r.o., Roubalova 13, 602 00 Brno
2.11 Service means the fulfillment of the provider to provide the user with an application license.
2.12 Contract means a contract to provide the service to the user, including the provision of a license to use the service. These terms are an integral part of the contract.
2.13 UIS means University information System, which the provider supplies to the university under the trade name used by the university (see 1.2).
2.14 University is the institution which operates the UIS, being in a contractual relationship with the provider, and allows the user to access the UIS.
2.15 User or You means any user of UIS, i.e. a person who has access data to the UIS.
2.16 User account means the User environment in UIS accessible after filling in the user's login credentials. The university determines the conditions for granting user data.
2.17 Web interface means a web page from which you can access the UIS.
3. CONCLUSION OF THE CONTRACT
The agreement between We and You is concluded upon confirmation of these terms in the application environment. You can use the app only if you have access data.
3.1 A condition for the conclusion of the contract and the use of the application is that each user has their own access data to the UIS (user account). The conditions for granting access data are determined by the university.
3.2 The Service contract is concluded upon confirmation of these terms by the user in the application.
3.3 The User declares that he / she is able to assess and control the consequences of his / her conduct at the moment of conclusion of the Contract.
3.4 The User acknowledges and agrees to use the means of distance communication when concluding the contract. The costs incurred by the user in using means of distance communication in connection with the conclusion of the contract (Internet connection costs, telephone costs) are borne by the user himself, and these are not different from the base rate.
3.5 Accepting an offer with an addendum or derogation is not accepting the offer.
4. LICENCE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The application is an authorial work under the Copyright Act, which is protected by legal regulations. The agreement includes your permission to use the Application as a copyrighted work. The details are modified in this article.
4.1 By concluding the contract, the Provider grants the User permission to access and use the Application (license to the service). The license is non-exclusive, territorially unlimited, and limited in time for the duration of the contract. This license is non-transferable to a third party.
4.2 All rights in the Application (including names, codes, trademarks, software, videos, images, graphics, sounds, etc.) and their individual parts are the sole property of the Provider. The User is not authorized to license, sublicense, copy, modify or create any aggregate or derivative works from the Application. The User is not entitled to reverse engineer, decompile, or otherwise attempt to extract the source code of the Application or part thereof.
4.3 The Content of the Provider including software the Application is protected by the intellectual property rights of the provider and may be protected by other third parties. The user may not modify, copy, reproduce, distribute or use the content of the Provider for any purpose contrary to the agreement.
5. PROVISION OF THE SERVICE
In this article, you will learn what your responsibilities are and how you use the Application. Please keep in mind that even in an online environment, you must comply with all applicable laws and that you are responsible for the content you distribute in the online environment.
5.1 The service is provided by the User from the date of conclusion of the contract for the entire term.
5.2 The Application is compatible with Android and iOS operating system. The Application is compatible with Android operating system version 6 and higher and iOS operating system version 12 and higher.
5.3 The Provider guarantees that the content of the Application is a subset of the content of the Web interface; any functionalities or information and data beyond the scope of the Web interface. The Application is not subject to the agreement and the Provider is not obliged to deliver any functional or other enhancements to the Application, even within the scope of the Web interface. However, the university is responsible for the content of the data in UIS and university content. Use of the Application does not give the User any special study advantages over the use of UIS through the Web interface.
5.4 The Provider is not obliged to ensure continuous and uninterrupted availability of the Application. The user acknowledges that the provider is entitled to restrict or completely interrupt the service due to planned shutdowns. Scheduled downtime will always be published in advance in the App and on the Web interface or made known to the User in advance via email.
5.5 The Provider is not responsible for downtime of operation of a technical character caused without fault of the Provider. However, the Provider is obliged to make maximum effort to ensure that the service is restarted as soon as possible.
5.6 The User declares and undertakes that (to):
(a) thoroughly understand and agree to these terms and conditions before starting to use the service;
(b) Use the service only for the purpose for which it is intended. It will not use it for any unethical conduct, conduct in contravention of the law or the Agreement and these terms or of the legitimate interests of the provider, or of the university;
(c) Use the Application exclusively for personal, non-commercial purposes;
(d) Ensure the confidentiality of the content of the Application and do not misuse the credentials and passwords necessary for the User's login and access to the service, in particular the identification data and passwords shall not be communicated to or accessed by any third party;
(e) Prevent situations in which the loss, damage or destruction of, or any other way of impairing, personal data or other data in the Application may occur or may have occurred, and situations in which a third party would obtain or be able to gain unauthorised access to personal data. If such situations arise, the User shall be liable for any damage caused by the security risk. At the same time, the User undertakes to notify the provider of security risks without undue delay;
(f) Ensure that the user's content does not infringe the rights of third parties;
(g) Not misuse, block, modify or otherwise alter any part of the service or the content of the Application, or even attempt to disrupt the stability, operation or data of the service or the Application;
(h) To respect the rights of the provider and third parties in the use of the service, in particular when dealing with intellectual property rights;
(i) will not do anything to disrupt or harm the service (or the networks and servers connected to the service) or the Application.
5.7 The user acknowledges and agrees that the Provider is not responsible for the User's content.
5.8. The requirements for solving technical problems that prevent or impede the proper use of the application the user can contact the provider via the Web address https://support.moje-studium.cz.
5.9 The Service is provided to the User free of charge.
6. DURATION OF SERVICE PROVISION
Unless otherwise agreed, the service is limited to the period of validity of the user account (the terms set by the university).
6.1 The Contract is concluded for the duration of the user account. The terms of validity of the user account are determined by the University and are usually limited to the duration of study at the University or to the duration of other obligations to the University.
6.2 The Contract may be terminated further:
(a) by agreement of the parties on the date specified in such agreement;
(b) The statement of any of the parties to the contract without giving any reason with a notice period of one month commencing on the first day of the month following the month in which the termination was served on the other side of the contract, or under other conditions, provided that these terms expressly stipulate;
(c) Withdrawal from the contract pursuant to article 7 of the terms.
6.3 The User acknowledges that upon termination of the Agreement he will not be able to access any content of the Application, in particular the User's content.
7. WITHDRAWAL FROM THE CONTRACT
This paragraph shows how to terminate the service Contract immediately.
7.1 If the User breaches any Obligation under applicable law or the Contract, the Provider has the right to withdraw from the contract.
7.2 The User is entitled to withdraw from the Contract at any time without giving any reason. The user is entitled to withdraw from the Contract by deactivating the Application on his mobile device. Withdrawal has effects ex nunc. Withdrawal with ex tunc effects (cancellation of the contract from the outset) is excluded because the services are provided to the User before the withdrawal period expires.
8. LIABILITY FOR DEFECTS
If our services do not work as they should, you can claim them according to the rules below.
8.1 The Provider is responsible to the User for the services to be compliant with the Contract.
8.2 The User is obliged to notify the Provider of any defects of the Application without undue delay (via the contact data specified in these Conditions).The claim should contain a description of the defect and all relevant facts. The User is obliged to file a complaint concerning the nature of the matter of the University Content at the University.
8.3 The Provider shall decide on the complaint within ten (10) days. The Provider will inform the User about this by email. If the complaint is found justified, the Provider shall handle the complaint as soon as possible, but no later than sixty (60) days.
9. LIABILITY OF THE PROVIDER
This paragraph will tell you when we are not responsible for any damages incurred by you in connection with the use of our Services.
9.1 The User acknowledges and agrees that the Application is used is at his own risk. The Provider is not liable for any damage or harm caused to the User in direct connection with the use of the Application, including loss of stored data, especially user content, or late reaction time of the Application.
9.2 The provider is not responsible for disabling or restricting the service caused by Internet traffic disturbances and other circumstances of a technical nature that the provider is unable to influence or whose solution requires the synergy of third parties (e.g. unavailability of the server used by the service provider).
9.3 The Provider shall not be liable for errors resulting from interference by third parties in the application or as a result of their existence contrary to their intended purpose.
10. PROCESSING OF PERSONAL DATA
By using the Application you entrust to the University your personal data, which the Provider further processes. This article regulates how we treat personal information.
10.1 The University is the administrator of personal data in the Application. The University determines what personal data and for what purpose it will be collected and further processed in the UIS.
10.2 Under the Contract on Processing of Personal Data, the Provider is authorized by the University to process personal data and is therefore in the position of a personal data processor.
10.3 The Provider as a personal data processor declares and warrants that:
(a) it shall do its utmost to keep personal data entered into the UIS secure and shall use all reasonable security systems and procedures customary for the processing of personal data;
(b) treat any information received in connection with the processing of personal data as confidential. The Provider undertakes not to disclose the Confidential Information to a third party and to use it for any purpose other than for the performance of its obligations under the Contract, except for relevant state and other administrative authorities and courts if the Provider is obliged to provide such information or which are or will become publicly available other than a breach of this Contract;
(c) it complies with all legal obligations imposed on it by GDPR and other personal data protection legislation;
(d) process personal data for the entire duration of the Contract in accordance with Czech law, in particular in accordance with GDPR;
(e) process the data solely in the European Union or in countries which ensure an adequate level of protection by decision of the European Commission.
10.4 The User states and guarantees to:
(a) only store and work with up-to-date personal data in the UIS;
(b) keep its access data secure and do its utmost to prevent unauthorized access to the UIS or other security risks;
(c) notify the Provider without undue delay of any facts that could lead to a breach of the data security in the UIS, in particular that the loss, damage or destruction or other degradation of personal data has occurred or is imminent, may gain unauthorized access to personal data.
11. EXTRAJUDICIAL DISPUTE RESOLUTION
11.1. In the event of a dispute arising between the User and the Provider that is not settled amicably, the consumer may submit an out-of-court settlement of such dispute to a designated out-of-court settlement of consumer disputes, the Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, web: adr.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
12. FINAL PROVISIONS
12.1 The Contract and these Terms and Conditions shall be governed by Czech law, even if the relationship relating to the use of the Service contains an international (foreign) element.
12.2 Where the law, the Agreement or these Terms and Conditions require communication in writing, it is sufficient if the message is sent by e-mail or other electronic means of communication that do not raise doubts about the content of the message and its sender.
12.3 If any provision of the Terms is invalid or ineffective or inapplicable, or becomes the case, the invalid provision shall be replaced by one that is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Changes and amendments to the contract or business conditions require written form.
12.4 The Provider may amend or supplement the text of the Conditions. The Provider shall notify the User of any changes to the Terms and Conditions by e-mail to the address specified in the user account at least thirty (30) days before the change becomes effective. The User shall be entitled to terminate the Contract in writing within ten (10) days of receiving notice of a change to the Conditions, the notice period being one (1) month and starting on the first day of the month following the month in which the notice was delivered to the Provider. If the User does not terminate the Contract within the specified time limit, it is true that the User agrees with the change of the Terms. The rights and obligations of the parties are always governed by the wording of the terms and conditions under which they arose.
12.5 The valid version of the Terms is always published in the Application.
12.6 This current version of the Terms and Conditions is valid and effective as of November 1, 2019.