terms of service
Operator
The operator of the mobile application UTD (Unmatched Training Division) (hereinafter referred to as "Application") is Oleksii Makhniuk, with registered office at U libeňského pivovaru 2442/6, 180 00 Praha - Libeň (hereinafter referred to as "Operator").
The Operator is responsible for the operation and management of the Application and for providing services and functions available in the Application. The Operator is also responsible for the protection of personal data of Application users in accordance with applicable legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
The Operator reserves the right to change or update the content of the Application, its design, services offered or any other elements relating to the Application without prior notice. The Operator may also restrict access to certain parts or functions of the Application.
The Operator is not liable for any damages arising from the use of the Application, including any damages caused by malfunctioning of the Application, errors in the Application, data loss or in any other way.
The Operator is not liable for the content of third parties to which the Application links. Users use all such links at their own risk.
All rights to the content and design of the Application, including copyrights, database rights and other intellectual property rights, belong to the Operator, unless otherwise expressly stated. Without prior written consent of the Operator, any use of this content or design outside the scope of normal use of the Application is prohibited.
Services and Rights
The Operator provides services through the Application related to registration and management of training sessions (hereinafter referred to as "Training Session" or "Session"). The Application allows users to view available training sessions, register for these sessions, manage their registrations and communicate with the Operator.
Application users may use various services and functions that the Application offers. These services include access to information about training sessions, the possibility to register for training sessions, the possibility to create and manage a user account, viewing invoices, the possibility to communicate with the Operator and other services and functions that may be available in the Application.
All rights to content published in the Application, including texts, graphics, logos, photographs, videos, data files and other materials (hereinafter referred to as "Content"), are the exclusive property of the Operator or its partners. Users may use the Content only for their personal needs and in accordance with these terms.
Users may not copy, distribute, sell, rent, sublicense, modify, display, reproduce, convert to other formats or otherwise commercially exploit the Content without prior written consent of the Operator. Any such action may be subject to criminal sanctions.
The Operator reserves the right to change, modify, interrupt or terminate any service or function of the Application at any time without prior notice. The Operator is not liable for any damages arising from such changes.
The Operator also reserves the right to change these terms at any time. Any such change shall take effect upon its publication in the Application. By continuing to use the Application after such change, the user agrees to these changes.
Registration and User Account
Registration is required to use the Application services. Persons over 18 years of age have the right to register. Minors aged 14 to 17 may register only with the consent of their legal representatives.
Registration is free and does not obligate registration for paid training sessions. By registering, you enter into an agreement with the Operator for free use of the Application.
To register, you must use a valid email address and create a password. When registering, you must also provide your first and last name, which must be real and correct, as this information is required for registration for training sessions. All information provided during registration must be complete, accurate and current. The Operator has the right to store and process this data in accordance with personal data protection regulations.
The password must be kept secret and the user is fully responsible for keeping it confidential. The user account is intended for personal use and may not be used by third parties. Any unauthorized use of the user account or suspicion of such use must be reported to the Operator immediately.
The Operator reserves the right to cancel or block a user account at any time without giving a reason, especially in case of violation of these terms and conditions. The user also has the right to cancel their user account at any time by contacting the Operator at unmatchedtrainingdivision@gmail.com or by deleting the account in settings.
Registration for Training Sessions
After successful registration in the Application, you have the opportunity to register for available training sessions. Each training session has a set capacity, price, date and time of the session, location and time from which registration for the session is possible.
Registration for a training session is binding and creates a contractual relationship between you and the Operator. By registering for a training session, you agree to pay the price stated for that session.
Registration for a training session is only possible if:
• registration for the session is open (i.e., the time set for opening registration has passed),
• the session has available capacity,
• you are not already registered for that session.
If the session capacity is full, you may be placed on a waiting list (waitlist). If a place becomes available, you will receive a notification about the available place and you will be able to register for the training.
The Operator reserves the right to cancel or change the date, location or content of a training session. In such case, the Operator will inform you through the Application or by email, and in such case you are entitled to cancel your registration.
Cancellation Terms and Registration Cancellation
The user has the right to cancel their registration for a training session. Cancellation of registration is possible through the Application or by contacting the Operator at unmatchedtrainingdivision@gmail.com.
Cancellation of registration more than 24 hours before the start of the session:
• The user may cancel registration without a fee.
• If payment has already been made, the paid amount will be refunded to the user.
Cancellation of registration in case of change or cancellation of training by the Operator:
• The user may cancel registration without a fee.
• If payment has already been made, the paid amount will be refunded to the user.
Cancellation of registration less than 24 hours before the start of the session:
• The user is obliged to pay the full price of the training session, even if they do not attend the session.
• The paid amount will not be refunded.
No-show (absence from the session without canceling registration):
• If the user does not attend the session without prior cancellation of registration, they are obliged to pay the full price of the training session.
• The paid amount will not be refunded.
As a consumer (i.e., a person who enters into a legal transaction outside the scope of their business or other commercial activity), you have the right to withdraw from the contract without giving a reason within 14 days of entering into the contract, if it is a contract to which this right applies under applicable legal regulations. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by a clear statement, for example by email to unmatchedtrainingdivision@gmail.com.
Payment Methods and Payments, Compensation and Right of Retention
Registration for a training session is charged at the price stated for that session. Payment must be made in accordance with the instructions stated in the invoice, which is generated after registration for the session.
As a payment method, we offer bank transfer to the Operator's account. Payment details (IBAN, variable symbol, amount, due date) are stated on the invoice, which is available in the Application.
The invoice is generated automatically after registration for a training session and is available in the Application. The invoice contains all necessary information for making the payment, including the variable symbol, which must be stated when making the payment.
Payment must be made by the due date stated on the invoice. If payment is not made on time, the Operator reserves the right to cancel the user's registration for the training session.
You are not entitled to set off any claims against the Operator's claims, unless your counterclaims have been finally decided or are undisputed. You are also entitled to set off against the Operator's claims if you assert warranty claims or counterclaims based on the same contract. You may exercise your right of set-off only if your counterclaim arises from the same contract.
Term and Cancellation
The contract for free use of the Application service begins at the moment of your registration and lasts for an unlimited period. You may cancel this contract at any time by informing us by email at unmatchedtrainingdivision@gmail.com or through the account deletion function in the Application.
Registration for a specific training session is valid until the date of the session or until cancellation of registration in accordance with these terms.
If you wish to delete your entire account, you may do so by contacting support at unmatchedtrainingdivision@gmail.com or through the account deletion function in the Application. All data will be irreversibly deleted in accordance with applicable legal regulations on personal data protection. Historical records of registrations for past sessions may be retained in anonymized form for accounting and statistical purposes.
In case of serious reason, we reserve the right to block or cancel your account. A blocked account may not be used to register for new training sessions, but existing registrations remain valid.
Liability
The Operator disclaims any claims for damages from your side in connection with participation in training sessions, except for damages caused intentionally or by gross negligence on the part of the Operator. This limitation of liability does not apply to claims for damages arising from fatal accidents, bodily injury, damage to health or breach of fundamental contractual obligations, as well as liability for other damages that are based on intentional or grossly negligent breach of obligations by the Operator, its legal representatives or affiliated companies. Fundamental contractual obligations are those whose fulfillment primarily enables proper fulfillment of the Contract and on whose fulfillment you can rely.
Participants in training sessions participate at their own risk. The Operator is not liable for any accidents, injuries or damages arising in connection with participation in training sessions, except in cases where such damage is caused intentionally or by gross negligence on the part of the Operator.
In case of breach of fundamental contractual obligations, the Operator is only liable for typical, foreseeable damages specified in the contract, if they were caused only by negligence, unless it also concerns claims for damages due to fatal accidents, bodily injury or damage to health.
The Operator is not responsible for service outages of the Application caused by third parties or hacker attacks.
Final Provisions
If any provision of these Terms and Conditions is invalid, the remaining part of the contract remains in force. Legal provisions take precedence over invalid provisions. In case of any disputes arising from the contractual relationship or in connection with it, these will be resolved in accordance with the legal regulations of the Czech Republic.
Operator Contact Details:
• Email: unmatchedtrainingdivision@gmail.com