1.1 GTC - General Terms and Conditions
1.2 JOYSTREE - The Joystree (joystree.com) intermediary service operated by the OPERATOR.
1.3 OPERATOR - Joystree s.r.o., U Dvoru 2031/12, Mariánské Hory, 709 00 Ostrava., Czech Republic
1.4 CUSTOMER - the company that has registered with Joystree. CUSTOMERS are obliged to comply with the Terms and Conditions and other instructions of the PROVIDER from the moment of completion of the registration of the USER on the website or in the application.
1.5 REGISTRATION - completion of the registration form, approval of the T&Cs and subsequent verification of the USER. From the moment of verification, the USER is entitled to use JOYSTREE in accordance with the applicable GTC.
These terms and conditions (hereinafter referred to as "T&C") govern the use of the Joystree software (hereinafter referred to as "JOYSTREE") provided by The Joystree Ltd (hereinafter referred to as "OPERATOR") to the customer organisation or company that hereby takes over the Joystree for the use of the customer (hereinafter referred to as "CUSTOMER"), unless otherwise expressly agreed by the parties. Visitors to the Website may use the Website only if they agree to the Terms of Use and have read and understood the Privacy Policy.
The Joystree Ltd.
ID: 06807259
Address: U Dvoru 2031/12, Mariánské Hory, 709 00 Ostrava, Czech Republic
Contact person: Pavel Kukuczka, pavel@joystree.com, tel. +420 721 307 527
The CUSTOMER acknowledges that a condition for the proper operation of JOYSTREE is the provision of an internet connection by the CUSTOMER, enabling connection to the joystree.com website. The requirements for the minimum recommended configuration or internet connection may increase, for example, due to the amount of data flow, or the evolution of technology and the general increase in hardware capacity and internet connection speed requirements, which CUSTOMER understands.
The OPERATOR does not provide activities and services that are not expressly mentioned in the GTC, although they may be essential for the proper functionality of joystree.com (e.g. internet connection, installation of common operating systems on the CUSTOMER's local computers or servers, etc.).
The OPERATOR is obliged to provide the CUSTOMER with sufficient data space for the purpose of storing the data operated within joystree.com, on the OPERATOR's servers or in a hosting centre.
The OPERATOR reserves the right to limit the availability of the joystree.com system for short periods of time due to updates or maintenance.
CUSTOMER acknowledges that OPERATOR does not guarantee the full functionality of the system. If any deficiencies in the functioning of joystree.com are detected, the OPERATOR undertakes to correct these deficiencies, always as soon as possible.
The OPERATOR is not responsible for the compliance of the JOYSTREE system with valid and effective legal regulations, especially with regard to the data mentioned or generated in the JOYSTREE system.
The provision of the JOYSTREE system is also dependent on the availability of third party services. If the JOYSTREE system is down due to the non-functionality of third party services, the OPERATOR does not assume any liability for this downtime.
OPERATOR shall not be liable for indirect or consequential damages, including lost revenue or lost profits, damage to CUSTOMER's privacy or name, resulting from the use and/or unavailability of JOYSTREE.
OPERATOR shall not be liable for damages caused by JOYSTREE unavailability or JOYSTREE operational incidents if caused by CUSTOMER.
Furthermore, OPERATOR shall not be liable for damages caused in particular by:
(a) operational incidents caused by changes to the system environment made by the CUSTOMER or a third party,
b) the input of incorrect data or the CUSTOMER's incorrect procedure for inputting data into JOYSTREE,
c) failure to meet minimum system or other requirements for the operation of JOYSTREE,
d) infection of the local network, CUSTOMER's computers or another such external attack,
e) damage caused by improper operation of CUSTOMER's hardware, operating system or network,
f) violation by the CUSTOMER of legal regulations governing the handling of personal data, and other legal regulations relating to the use of JOYSTREE,
g) demonstrable leakage of access passwords to third parties caused by CUSTOMER,
h) unavailability of data and suspension of access to JOYSTREE due to CUSTOMER's default on financial obligations or in other cases agreed in these GTC.
The OPERATOR does not perform any operations with the CUSTOMER's data, except for storing them on the servers used by the CUSTOMER or in the hosting centre, does not interfere with them, does not make them available or transfer them to third parties (except for their disclosure to state authorities in accordance with the law), unless the parties agree otherwise.
The OPERATOR shall apply appropriate measures to secure the CUSTOMER's data against unauthorized or accidental disclosure, which shall be updated on an ongoing basis.
In the event that the CUSTOMER does not wish the data provided by him/her to be stored/backup in the joystree.com system any longer, this data may be removed from the joystree.com system completely upon his/her request.
In the event of a query being resolved, the CUSTOMER's data may be consulted by the OPERATOR's staff. Sharing helps the OPERATOR to speed up repairs, in the form of a contact form. All support accesses are a trade secret.
CUSTOMER agrees that OPERATOR may use CUSTOMER's name and logo to identify CUSTOMER for use, and references in JOYSTREE marketing materials.
For regulatory and safety purposes, CUSTOMER shall:
(a) Notify OPERATOR of any changes in the use of JOYSTREE or items rented through JOYSTREE.
b) provide factual information regarding the products CUSTOMER intends to offer through JOYSTREE, as well as provide information regarding the legal form, administration or origin of payments and other similar circumstances necessary to implement and maintain the Know Your Customer (KYC) identification and verification process required by payment industry regulations.
(c) adhere to strict data security standards when processing any cardholder data
The OPERATOR shall proceed with the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR"). Information on the principles and procedures for processing personal data is provided in the Privacy Policy, which is published on the OPERATOR's website.
In view of the fact that the OPERATOR provides the CUSTOMER with data space for the purpose of storing data via joystree.com, the CUSTOMER acknowledges that in relation to the personal data it stores on the OPERATOR's servers or hosting center, the CUSTOMER acts as a data controller and the OPERATOR as a data processor. The CUSTOMER is obliged to handle the personal data described in the previous sentence of this paragraph in accordance with the legislation governing the protection of personal data, in particular, the GDPR.
Categories of data subjects whose personal data are processed: employees of the CUSTOMER and other natural persons with whom the CUSTOMER has a contractual relationship.
OPERATOR's obligations as a processor of personal data:
- to process personal data only on the basis of documented instructions from the CUSTOMER;
- ensure that the OPERATOR's authorised personnel who come into contact with the personal data are bound by an obligation of confidentiality;
- implement appropriate technical, and organizational safeguards to ensure a level of security appropriate to the risk. In assessing the appropriate level of security, the OPERATOR shall take into account in particular the risks posed by the processing, in particular accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or unauthorised access to, personal data transmitted, stored or otherwise processed. Technical data security is described in the Privacy Policy;
- take into account the nature of the processing and assist the CUSTOMER through appropriate technical and organisational measures in fulfilling the CUSTOMER's obligation to respond to requests to exercise the rights of data subjects set out in Chapter III of the GDPR (Data Subject Rights);
- assist the CUSTOMER in complying with the obligations under Articles 32 to 36 of the GDPR (Security of Personal Data), taking into account the nature of the processing of information held by the OPERATOR;
- promptly notify the CUSTOMER of personal data breaches;
- provide the CUSTOMER with all information necessary to demonstrate that the above obligations have been met and to enable the CUSTOMER to check compliance with the above obligations. In the event of an inspection, the OPERATOR undertakes to provide the CUSTOMER with assistance.
Other processors: the CUSTOMER consents to the OPERATOR's involvement in the processing of the personal data that the CUSTOMER stores on the OPERATOR's servers or, where applicable, in hosting centres and similar facilities. The OPERATOR undertakes to inform the CUSTOMER of any changes contemplated regarding the hiring of additional processors or their replacement and to give the CUSTOMER the opportunity to object to such changes.
The price of use is set forth in the JOYSTREE section - price list available on the website https://www.joystree.com/#pricing or as quoted by CUSTOMER's Joystree software administrator prior to purchase.
The CUSTOMER has option to choose if the prices will be with or without VAT.
OPERATOR will provide billing and related usage information in a format of its choosing, subject to change only in exceptional circumstances. The OPERATOR reserves the right to correct any errors it finds, even if it has already invoiced or accepted payment. CUSTOMER agrees to notify OPERATOR of any billing problems or discrepancies within thirty (30) days after they first appear on CUSTOMER's invoice. If CUSTOMER fails to bring such problems/irregularities to our attention within thirty (30) days, CUSTOMER agrees to waive its right to object to such problems or irregularities.
CUSTOMER shall have the right to use the JOYSTREE covered by these terms and conditions for the duration of this Agreement.
All intellectual property rights in and to the JOYSTREE software and related documentation and all portions and copies thereof shall remain the sole and exclusive property of OPERATOR and/or its subcontractors/licensors.
This GTC shall be governed by and construed in accordance with the laws of the Czech Republic and the Canary Islands, except for the choice of law provisions.
Any dispute, controversy or claim arising out of or relating to this Agreement/GTC, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Czech Chamber of Commerce. The number of arbitrators shall be one. The proceedings shall be conducted in English. The seat of arbitration shall be Ostrava, Czech Republic, unless otherwise agreed upon by both parties. In case of agreement to hold arbitration proceedings in a different location, such location shall be specified in writing by both parties.
The OPERATOR is entitled to change this GTC, including the price list, by providing the CUSTOMER with at least 30 days' notice.