Terms and Conditions

1. INTERPRETATION OF CERTAIN TERMS

Terms and Conditions (hereinafter also referred to as the "T&C") - these terms and conditions, which govern, within the meaning of Section 1751 of Act No. 89/2012 Coll. (hereinafter also referred to as the "Civil Code"), the mutual rights and obligations between the Client, the Intermediary and the Provider arising from the Agreement on the Provision of Veterinary Care. These T&C further govern the rights and obligations between the Provider and Users in connection with access to and use of the Portal.

Portal - the website www.tlappka.cz or application, operated by the Intermediary, through which the Intermediary enables Users, or Clients, to access the Veterinary Care Services. The Services are accessible using a mobile application (for iOS, Android, etc.).

Intermediary - a Czech business company Buddyvet s.r.o., Company ID: 17327792, VAT ID: CZ17327792, registered office: nám. sv. Václava 60/12, Stará Boleslav, 250 01 Brandýs nad Labem-Stará Boleslav, file no. C 369991 kept by the Municipal Court in Prague.

Client - a natural or legal person who, in accordance with Article 2 of these T&C, enters into an Agreement on the Provision of Veterinary Care through the Intermediary's Portal.

Provider – a person with a veterinary education, providing Veterinary Care Services through the Portal.

User means any person who accesses the website www.tlappka.cz as well as the tlappka mobile application.

Veterinary Care Services (hereinafter also referred to as the "Services") – activities intermediated by the Intermediary and performed by the Intermediary's contractual partners (i.e., cooperating persons who have a veterinary education) for the Client, consisting mainly of the provision of veterinary consultations. In relation to the Client, the Intermediary acts as an intermediary, i.e., its activity consists of intermediating the Veterinary Care Services through the Portal, but not of providing these Services itself. A more detailed description of the Services is set out on the Portal.

Agreement on the Provision of Veterinary Care (hereinafter also referred to as the "Agreement") – a contractual relationship between the Provider and the Client concluded through the Portal, the content of which is governed by these T&C and whose subject matter is the provision of Veterinary Care Services by the Provider to the Client under the conditions set out in these T&C.

Insurance – The Intermediary cooperates with the insurance company HALALI, všeobecná pojišťovna, a.s. as its
tied agent within the meaning of Act No. 170/2018 Coll., on the Distribution of Insurance and Reinsurance, and intermediates
insurance for Clients' dogs at their request. The Intermediary, as a tied agent, is registered in the
register maintained by the CNB, available at https://www.cnb.cz/cnb/jerrs, or can be verified by telephone at
number +420 224 411 111. The Intermediary has no direct or indirect share in the voting rights or
registered capital of HALALI, všeobecná pojišťovna, a.s., and is remunerated in the form of a commission
set at twenty-five percent of the premium instalment of the given insurance policy. The commission is included in the
amount of the premium. An insurance policy may be applied for mainly through the Portal, and the manner
of concluding the insurance policy is governed by Act No. 170/2018 Coll., on the Distribution of Insurance and Reinsurance, and by the
terms and conditions of HALALI, všeobecná pojišťovna, a.s.

‍

2. INTRODUCTORY PROVISIONS

2.1. The Agreement on the Provision of the Veterinary Care Service is concluded on the basis of an order placed by the Client in the form of a query submitted through the Intermediary's Portal (hereinafter also referred to as the "Order"), by confirmation of the Order by the Provider. A reply to the Client's query through the Portal is considered confirmation of the Order. The Agreement becomes effective at the moment the Agreement is concluded, i.e., upon confirmation of the Order by the Provider.

2.2. A necessary prerequisite for the use of the Services by the Client or the use of the Portal by the User is the expression of consent to these T&C. Unless proven otherwise, it is deemed that the Client or User gives consent to these T&C by one of the following procedures: A) placing an Order; B) paying the price of the Services; C) actual use of the Services by the Client; D) any other manner from which the consent of the Client, or the User, to these T&C is apparent.

2.3. By expressing consent to these T&C, the Client, or the User, confirms that they have familiarized themselves with these T&C and that they agree with them, in the wording valid and effective at the moment consent is given under this Article.

2.4. These T&C are an integral part of the Agreement, i.e., the content of the Agreement is determined by these T&C, and these T&C govern the rights and obligations arising from the Agreement. These T&C are drawn up in electronic written form and are available on the website www.tlappka.cz.

2.5. The Intermediary is not liable for the outcome of the activities of third parties (Providers) who provide the Services through the Portal. In this case, the Intermediary only facilitates for the Client the possibility of the Service being provided.

2.6. Nothing in these T&C establishes an obligation of the Intermediary to intermediate the provision of the Service to the Client. The Provider is also, in particular, entitled to refuse to provide the Service if the requested Service would be contrary to applicable legal regulations, good morals, or would otherwise be contrary to the legitimate interests of the Provider, the Intermediary, or third parties.

2.7. Users accept that all information and recommendations provided through the Portal or application are provided on the basis of available knowledge and in good faith as general recommendations, not as specific instructions for particular cases. The User acknowledges that final decisions and actions taken on the basis of this information and these recommendations are at their own risk and responsibility."

3. TERMS OF PROVIDING SERVICES

3.1. The Provider provides the Client with Services through the Portal:

i) within the annual membership, where an unlimited number of consultations is available. A consultation means the period of time from the submission of a query through the Intermediary's Portal until (whichever moment occurs first): a) the Client confirms to the Provider the proper receipt of the provision of the Services (i.e., the consultation has ended, with the Client having no further queries and the Provider closing the consultation conducted through the Portal), or b) 48 hours elapse from the last communication conducted through the Portal between the Client and the Provider, and the Client had no further supplementary query for the Provider during that time.

ii) within the semi-annual membership, where the number of questions and answers is not limited by length, but by a time frame. A consultation may last only 24 hours.

3.2. Exercise of rights from defective performance: Unless established practice between the Provider and the Client indicates otherwise, or in case of doubt, the Services shall also be deemed to have been duly provided if (whichever moment occurs first): a) the Client confirms to the Provider the proper receipt of the provision of the Services, or b) 48 hours elapse from the day the Service was provided and the Client does not raise objections to defects in such performance.

3.3. For the avoidance of doubt, the Intermediary and the Client expressly agree that the Intermediary is entitled to use general information about the Services provided for the purpose of informing third parties (so-called references), by way of presentation on websites or in the Intermediary's promotional materials, always however in a manner that does not damage the good name and legitimate interests of the Client.

4. RIGHTS AND OBLIGATIONS OF THE CLIENT

4.1. The Client is obliged to provide the Provider with all necessary cooperation to ensure the proper provision of the Services.

4.2. The Client is obliged to pay the price for the provision of the Services in accordance with Article 6 of the T&C.

4.3. The Client undertakes not to use the Service or the Portal in a manner that would lead to a violation of rights or to any harm to the Intermediary or third parties.

4.4. When ordering the Service, the Client is obliged to state true contact details for the purposes of performing the Agreement and to keep such details up to date. Liability arising from incorrect, untrue, or outdated data shall be borne solely by the Client.

5. RIGHTS AND OBLIGATIONS OF THE INTERMEDIARY AND THE PROVIDER

5.1. The Provider is obliged to provide the Services on the basis of the Client's queries submitted through the Portal.

5.2. The Provider reserves the right to refuse to provide the Services, at its own discretion, in particular for reasons that the Client's requirements are contrary to good morals or legal regulations, or are contrary to the interests of the Provider or the Intermediary, or if the Client requires the provision of such services that are aimed at suppressing fundamental human rights and freedoms or are otherwise offensive, racist, or immoral.

5.3. The Provider may also arrange the provision of the Service through third parties.

5.4. The Intermediary is entitled to change (i.e., also supplement) these T&C; this shall not affect the rights and obligations of the contracting parties arising during the effectiveness of the previous wording of the T&C. The Intermediary shall notify the Client of the change by e-mail message to the Client's e-mail address given when placing the Order (or kept in the Intermediary's database) and/or by publishing the new version of the T&C on the Portal.

5.5. The Client has the right to reject the change to the T&C within a period of 5 business days from notification of the change to the T&C, and for this reason to terminate the obligation with a notice period of 1 month, which the contracting parties jointly state to be sufficient given the nature of the Services. During the running of the notice period, the provisions of the previous T&C shall apply to the relations between the Client and the Provider. For the avoidance of doubt, the contracting parties hereby declare that the Client accepts the change to the T&C in full by paying the price of the Service that will be required following such change to the T&C.

6. PRICE OF SERVICES AND PAYMENT TERMS

6.1. The price of the Services is stated on the Portal at the website: www.tlappka.cz, and also in the tlappka application, and is paid by the Client after conclusion of the Agreement (for annual, semi-annual membership).

6.2. The price may be paid:

- online via Apple Pay or Google Pay, or by using the Stripe payment gateway

- or, as applicable, by another means made available through the Portal.

In the event of automatic renewal of the Agreement, the Intermediary is entitled to automatically debit the amount for the price of the Service for the following term of the Service, in particular from the Client's credit or debit card or account, for which the payment details were entered by the Client through the Portal.

6.3. After the price of the Service has been paid by the Client, the Intermediary shall issue the Client an invoice (tax document) for the intermediation of the Service, which it shall send in electronic form to the Client's e-mail address stated in the Order, or shall provide the invoice for download by the Client through the Portal. The invoice (tax document) for the intermediation of the Service will correspond to the amount of the price of the Service and includes all of the Intermediary's costs for intermediating the Service. The Intermediary shall settle the paid price of the Service with the Provider under the conditions agreed between them.

6.4. The Intermediary is entitled to change the prices of the Services (i.e., of the semi-annual or annual membership) on an ongoing basis, by written notice (an e-mail is sufficient) to the Client given at least 2 weeks before the applicable price list change. However, the price change shall not affect the then-current annual membership period.

7. TERM OF THE AGREEMENT

7.1. The Agreement is concluded for the term of the Service (for the duration of the annual, semi-annual, or monthly membership).

7.2. If the Client does not notify the Intermediary, at the latest 1 month before the expiry of the term of the Service (for annual and semi-annual membership) or at the latest 5 days before the expiry of the term of the Service (for monthly membership), that it is not interested in extending the provision of the Service, the provision of the Service is automatically extended for the same period as the term of the Service (i.e., for the duration of the annual, semi-annual, or monthly membership). The automatic extension of the term of the Service applies repeatedly.

7.3. The Intermediary is entitled to withdraw from the Agreement in the event of a material breach of the Agreement by the Client. A material breach of the Agreement is deemed to include, in particular:

- repeated delay by the Client in paying a due receivable invoiced by the Intermediary to the Client under the Agreement;

- delay by the Client in paying the price of the Service or any financial performance under the Agreement of more than 5 business days;

- repeated breach of any other obligation of the Client under these T&C and/or the Agreement.

7.4. Withdrawal from the Agreement terminates all rights and obligations of the contracting parties (with effect ex nunc), except for those which, given their nature and the will of the contracting parties, are to survive termination of the Agreement, in particular the rights and obligations contained in the provisions on damages, contractual penalties, and the confidentiality obligation; and the Client's obligation to settle liabilities, in particular to pay the agreed price of the Service.

7.5. The Client (who is a consumer) expressly requests the Provider to commence performance under the Agreement immediately after its conclusion, i.e., before expiry of the period for withdrawal from the Agreement under Section 1829(1) of the Civil Code. The Provider therefore informs the Client that they do not have the right to withdraw from the Agreement under Section 1829(1) of the Civil Code.

7.6. Within the first annual membership, the Client may, within 14 days of conclusion of the Agreement, withdraw from this Agreement and request a refund of the price paid at the conclusion of the Agreement, reduced by the performance provided up to the moment of withdrawal from the Agreement under this Article. After 14 days, the right to withdraw and to a refund of the price paid can no longer be exercised. Withdrawal under this Article may be delivered electronically through the tlappka application, with wording such as, for example: “I hereby withdraw from the agreement on the provision of veterinary care and request a refund of the pro-rata part of the annual/monthly membership to my bank account No. ……………../……”.

7.7. In the event of the death of the animal, a pro-rata part of the price within the annual membership will be refunded to the Client from the moment a veterinary report or confirmation of the animal's death is submitted by a veterinarian, for example through the tlappka application.

8. PROTECTION OF PERSONAL DATA

8.1. You can find information on the protection of personal data of the Client and the User here: https://www.tlappka.cz/gdpr

9. OTHER PROVISIONS

9.1. The contracting parties are obliged to maintain confidentiality regarding facts constituting the trade secrets and confidential information of the other contracting party.

9.2. The contracting parties are mutually obliged to inform each other of all facts not stated in the Agreement that may affect the performance of obligations under the Agreement.

9.3. Wherever these T&C refer to the Client, the relevant User shall also be understood accordingly.

10. LIMITATION OF LIABILITY AND DAMAGES

10.1. Matters of liability for damage and compensation for damage are governed by the applicable legal regulations of the Czech Republic, in particular the Civil Code.

10.2. The Intermediary is in no way liable for the provision of the Services. The Client is obliged to assert all rights from defective performance in relation to the performance of the Service provided by the Provider against the Provider.

10.3. The Intermediary is not liable for damage caused by force majeure, such as, for example, natural disasters, natural events, accidents, outages of public telecommunications networks, or war or terrorist events.

10.4. The Intermediary is not liable for the conduct of individual Clients or Providers, nor for their manner of using the Services, in particular such use as is not in accordance with these T&C or the law, nor for damage and harm arising therefrom.

10.5. The Intermediary is not liable for any payments, transactions, or transfers made by the Client, or by means of which the Client pays the price of the Service. The operators of such payment (transaction) services and portals are liable for these. The Client understands in this connection that if they use the option (where the Portal offers such an option) to “remember the payment card”, the Intermediary is not the controller of the payment card data. In particular, the Intermediary is thus not liable for misuse of data about a specific person and their means of payment by a third party. The Intermediary has neither the possibility nor the right to examine whether the data provided through the payment gateway is provided by an authorized person and whether the relevant means of payment is controlled by an authorized person.

10.6. If it is proven beyond all doubt that the Intermediary is liable for damage (harm), then the Intermediary's liability is limited to the maximum amount of the price for the Service provided, and if this limitation of liability up to the amount of the price of the Service were invalid, then to the amount of the value of all payments that the Client paid through the Portal.

10.7. The User agrees and confirms that all content and recommendations provided on the Portal or in the application are provided as general information and do not carry any warranty or liability for specific results. The User is aware that any decision or steps taken on the basis of these recommendations are carried out at their own risk.

11. FINAL PROVISIONS

11.1. Contractual relationships arising on the basis of these terms and conditions are governed exclusively by Czech law, in particular the Civil Code, as amended and in effect.

11.2. All disputes between the parties arising from the Agreement or in connection with it will primarily be resolved by the parties through mutual agreement and without undue delay. In the event of a dispute with the Intermediary or the Provider, the Client, who is a consumer, is entitled to turn to the Czech Trade Inspection Authority (ADR department) with a proposal to initiate out-of-court dispute resolution. The requirements of the proposal, a description of the course of proceedings, and other information concerning out-of-court dispute resolution are set out on the website www.coi.cz. In cases involving the conclusion of insurance policies, it is also possible to turn to the authority supervising the activities of insurance intermediaries, which is the CNB (www.cnb.cz, tel. +420 224 411 111).

11.3. If the parties do not reach a resolution under the preceding paragraph, they may at any time turn to the competent general court, with the exception stated in Article 11.4 of the T&C below.

11.4. If the Client is not a consumer, then all disputes arising from these terms and conditions and in connection with them will be finally decided at the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic, in accordance with its rules, by a single arbitrator appointed by the chairman of the Arbitration.

11.5. If any provision of these terms and conditions is or becomes invalid, ineffective, or unenforceable, the provision whose meaning most closely approximates the invalid provision shall be used in place of such provision. This shall not affect the validity, effectiveness, and enforceability of the other provisions of the terms and conditions or of the terms and conditions as a whole.

11.6. These T&C are drawn up in Czech. The Client understands and agrees that where the Provider prepares or provides a translation of the Czech language version of the T&C (e.g., into English), such translation is for informational purposes only, and in the event of discrepancies between the language versions, the Czech version of the T&C shall always prevail.

11.7. These terms and conditions are effective from 25 November 2024.

‍