Mishiko Services Terms and Conditions
Basic Provisions and Definitions
a) These Services Terms and Conditions (hereinafter referred to as “STC”) regulate the rights and obligations of the Parties – the company Mishiko EU s.r.o., CRN: 50 185 021, registered office: Tomášikova 64, 831 04 Bratislava, incorporated in the Company register of the District Court Bratislava I, Section: Sro, File: 109728/B as the Provider of services (hereinafter referred to as “Mishiko” or the “Provider”) and a Client or Service Customer (hereinafter referred to as the “Client”). Provision of services related to the Mishiko Smart Collar is the subject-matter of the Services Contract.
b) By accepting these STC the Client confirms that he has familiarized himself with these STC. The Client also declares that he has become familiar with the conditions of the provided Services and that he agrees with them in the wording applicable and effective at the moment of accepting these STC.
c) The Client is aware of the fact that no rights to use any Provider’s intellectual property, registered trade marks, trade names, logos or patents arise on Client’s part from the purchase of the Services included in the Provider’s business offer unless provided otherwise in a specific contract for a specific case.
d) For the purpose of these STC the following terms shall mean:
e) “Product” or “goods” always means the Mishiko Smart Collar.
f) It comes in two types:
- Mishiko Smart Collar General
- Mishiko Smart Collar Unlimited
g) “Service Contract” means the contract concluded between the Provider and the Client for the purpose, which is considered to be the purpose belonging to the area out of the scope of their trade or other business activity.
h) “Client” means every natural person, who does not act within their scope of trade or other business activity when entering into, accepting and performing Services Contract, as well as using the Services hereunder.
i) “Services” means the Mishiko services consisting of the provision of access to functionality of the device, including dog monitoring and related recommendations, GPS monitoring of dog’s position and information on dog’s condition, through the application.
j) “Application” means the software developed directly by the Provider and/or Provider’s contractual partner as per the Provider’s instruction, which allows for the connection of the product with other electronic devices (e.g. mobile).
k) “Authentication Data” means an email (login), password (password), Client uses for authorization.
l) “Authorization” means a process of Client’s acceptance of the offer by entering Client’s authentication data in application. In confirmation of authorization the Client shall receive a message on email.
m) “Parties” means the Client and the Provider.
n) The Provider’s “site”, “Internet site” or “web site” means the Internet site www.mishiko.net
o) The Provider’s “on-line shop” or “e-shop” means the Provider’s Internet site.
p) The “offer” means offering of the Services by the Provider on Provider’s web site or through application.
q) “GBT&C” means General Business Terms and Conditions on the Provider’s web site, under which Provider acts as the Seller of the Product and the Client acts as the Buyer of the Product
r) The terms which are not defined in this Article of the STC shall have the meaning attributable to the specific term considering the logical meaning and economic purpose of the provision, in which the particular term is mentioned.
A. Conclusion of the Services Contract
1. Services Contract arises out of full and unconditional acceptance of the Provider’s offer by the Client in the form of authorization. Upon authorization the Contract shall be deemed concluded.
2. Authorization is an one-off action.
3. Services are provided under the conditions of STC.
4. Provider is entitled to provide Services in cooperation with partners and/or attracting sub-suppliers.
5. Obligations of the Provider are limited to the terms of STC, in particular, the responsibility of the Provider shall not include the provision of Services to the Client in relation to Internet access. The Client obtains Internet access on his own and at his own expense.
6. Provider may amend or supplement these STC at any time with the notification of the Client. Updating STC on the Provider’s web site or through application shall be deemed as proper notification of the Client.
7. The Services shall be provided to the Client upon authorization, subject to the conditions of their payment in accordance with Art. II. Paragraph C hereof.
8. Provider shall be liable to the Client only within the scope of paid but not rendered Services. Provider shall not be liable to the Client and shall not refund the money paid under this Contract, if the Services were not provided due to the fault of the Client, and/or due to the violation of STC by the Client.
9. Client shall be liable for all his actions and / or omissions, both intentional and unintentional, or for any acts and / or omissions of persons using the Services provided to the Client, which have caused and / or may result in a violation of any law of the Russian Federation, the European Union, the United Kingdom of Great Britain or the United States, as well as for any damage caused by the above-mentioned actions and / or omissions to the Provider, its partners or sub-suppliers. Provider shall not be responsible for such acts and / or omissions of the Client or persons using the Services provided to the Client, as well as the consequences of such actions and / or omissions.
B. Rights and Obligations of the Provider and the Client
1. The Provider undertakes to:
a) upon the payment for the Services in accordance with STC provide the Services 24/7, including weekends and holidays (Services must be available not less than 80% of the time per month), except as expressly provided herein.
b) keep a record of payment for Services by the Client.
c) maintain confidentiality of Client’s personal data
2. The Provider is entitled to:
a) suspend the provision of Services for the necessary routine preventive and repair work on the technical resources of the Provider, as well as unscheduled work in emergency situations.
b) interrupt the provision of Services, if it is, in particular, due to the inability to use information-transport channels that are not owned by the Provider or to actions and / or omissions of third parties, if it directly affects the provision of the Services, including the emergency. The Provider shall not bear any responsibility to the Client and shall not reimburse to the Client any damages suffered by the Client and / or third parties in connection with the delays, outages and the inability to make full use of the Services arising due to the above reasons.
c) make changes and additions to STC in accordance with Art. II. Paragraph C Sect. 5 hereof.
d) update the content and functionality of the Services at any time at its sole discretion.
3. The Client undertakes to:
a) timely pay for the Services in accordance with the provisions of STC.
b) use the Services only in accordance with the intended purpose of the product subject to GBT&C.
C. Terms of Payment
1. The price of Services shall depend on the type of the Product.
2. Upon buying Mishiko Smart Collar General in accordance with GBT&C:
- the Client shall be obliged to pay for the Services on a monthly basis;
- the first month of Services upon authorization shall be provided to Client without charging payment for Services.
3. Upon buying Mishiko Smart Collar Unlimited in accordance with GBT&C:
- the Client shall get unlimited provision of Services without charging monthly payment for Services
The price for the Services in accordance with Art. II. Paragraph C Sect. 2 shall be 4.99 EURO per month.
The payment by the Client for the Services shall be made with credit card through application.
Provider shall be entitled at any time to change the price for Services unilaterally upon notification of the Client.
In the case of non-payment for Services two or more times in a row, the Provider shall be entitled to terminate the provision of Services.
Termination of Services
1. The Provide shall cease provision of the Services to the Client in situations referred to in Art.VII, VIII of GBT&C.
2. In the above mentioned situation, the Client shall be obliged to notify the Provider within a reasonable time based on the specific situation.
Licence Contract of the End-User of the Application
1. All matters related to application are set in GBT&C on the Provider’s web site.
Personal Data and its Protection
1. Upon entering into Services Contract the Client agrees that the Provider and its partners/ and sub-suppliers may process his personal data, which he provides to the Provider in connection with the provision of Services. The Provider undertakes to handle and treat the Client’s personal data in compliance with applicable legal regulations of the Slovak Republic.
2. The Provider declares that he will not obtain any personal data for the purpose different from the purpose stated herein and that he will personally ensure that the personal data will be processed and used solely by the method corresponding to the purpose it has been collected for and that they will not put it together with the personal data collected for other purposes.
3. The Provider declares that he will process the personal data in compliance with good manners and will take actions which are not in conflict with the generally binding legal regulations and will not avoid them either. The Provider declares that he will neither enforce the consent of the affected person nor will he condition it by the threat of rejection of the contractual relationship, Services or obligation set out to the Provider.
Applicable Law and Final Provisions
1. Any legal relationships regulated by these STC as well as the legal relationships not regulated by these STC between the Provider and the Client and all contractual relationships concluded between the Client and the Provider shall be governed by the Slovak legislation.
2. These STC are enforceable and applicable from [•].
3. If any provision (or a part of it) of these STC and/or of the contracts concluded by and between the Provider and the Client is or becomes invalid, this shall not effect enforceability and applicability of the remaining provisions (a part of them) of the Contracts concluded by and between the Provider and the Client. The provisions of the generally binding legal regulations regulating the issue of mutual relationship of the Parties shall be applied instead of the invalid provision. The Parties undertake to regulate their relationship by adoption of another provision, which corresponds by its contents and nature to the intention of the original provision the best.