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HUNTERRA

General Terms and Conditions

General terms and conditions for organising hunting events through HUNTERRA.

General Terms and Conditions

of Hunterra, s.r.o.

ID No.: 093 78 022, registered office: Pražská 367, 270 52 Lišany, Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 335389, represented by Mgr. Bc. David C. Hájíček, LL.M., managing director (hereinafter “Hunterra”)

Article IDefinitions

  1. 1.

    “Terms” means these general terms and conditions governing the rules and conditions for the organisation of hunting events by Hunterra’s clients through its website;

  2. 2.

    “Hunterra Company” means Hunterra, s.r.o., ID No.: 093 78 022, registered office Pražská 367, 270 52 Lišany, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 335389;

  3. 3.

    “Member” means a natural person aged 18 or over, registered as a member with Hunterra, who is eligible to take part in Hunting Events;

  4. 4.

    “Client” means a registered Member entitled to organise Hunting Events;

  5. 5.

    “Hunting Events” means, for the purposes of these Terms, paid and unpaid events in the form of hunts and other similar events organised by the Client within a Hunting Ground through the Application;

  6. 6.

    “Website” means the website of Hunterra, including all subpages and other linked pages operated by Hunterra, specifically hunterra.eu;

  7. 7.

    “Application” means the application for using the services provided by Hunterra, e.g. map data or the organisation of Hunting Events, which is located on the Website or available in particular, but not exclusively, via the App Store, Google Play and Garmin Connect IQ;

  8. 8.

    “Intermediation” means, for the purposes of these Terms, the publication of Hunting Events on Hunterra’s Website;

  9. 9.

    “Commercial Use” means use by a business entity engaged in forestry or agriculture, or one that has game management listed in its business activities, or use for the benefit of such an entity;

  10. 10.

    “Terms of Use” means the binding conditions for the use of the Hunterra application published on the Website.

Article IISubject of the Terms

  1. 1.

    These Terms govern the rights and obligations of Hunterra and Clients when using the Application and in paid Hunting Events offered to other Members by Hunterra through the Application.

  2. 2.

    Before giving consent to Hunting Events, the Client is sufficiently informed of these Terms and has the opportunity to read them, as their valid and effective wording is published on Hunterra’s Website. By concluding the membership contract remotely, the Client confirms having read and agreed to the Terms.

  3. 3.

    Hunterra reserves the right to amend or supplement the Terms. Amendments and supplements to the Terms become valid and effective upon publication on Hunterra’s Website.

Article IIIConclusion and Subject of the Contract

  1. 1.

    Membership of the Hunterra portal through registration in the Hunterra Application or on the Website is a prerequisite for Hunting Events, which take the form of hunting events organised directly by Clients for other Members. Hunterra membership arises in accordance with the following provisions of Article III of these Terms.

  2. 2.

    Anyone may access the Hunterra Application, regardless of whether the person entering the Hunterra Application meets the conditions for Hunterra membership. The conditions for membership are set out in Article I(3) of these Terms.

  3. 3.

    To become a Hunterra Member, the Client must register in the Application or on the Website, providing an e-mail address, first name and surname, setting a password and confirming agreement with the Terms of Use. Clicking the “Create new account” button is deemed the Client’s unconditional acceptance of the proposal to conclude a contract. By submitting the completed form, the Contract for the creation of Hunterra membership (hereinafter the “Contract”) is concluded. Upon conclusion of the Contract, certain rights and obligations of the contracting parties are governed by the following provisions of these Terms.

  4. 4.

    Once the Client has successfully registered in the Application, a message asking to confirm the registration is sent to the e-mail address provided.

  5. 5.

    Hunterra grants the Client the right to use the free version of the Application non-commercially to the extent and under the conditions set out on Hunterra’s Website and in these Terms.

  6. 6.

    Hunterra does not grant the Client the right to use the free version of the Application for Commercial Use; for Commercial Use within the meaning of Article I(9) of these Terms, the Client must purchase a subscription to the Application.

  7. 7.

    By concluding the Contract, the Client undertakes to pay Hunterra a percentage commission on turnover for the Intermediation of a Hunting Event; the commission is specified in more detail in Article IV of these Terms. If the Client fails to pay Hunterra the percentage commission on turnover for the Intermediation of a Hunting Event, Hunterra is entitled to withdraw without further ado from the Contract concluded between the Client and Hunterra by registration in the Application.

  8. 8.

    In the event of withdrawal from the Contract, Hunterra is entitled to immediately revoke the Client’s access to the Application and cancel the Client’s account. All receivables from the Client then automatically become due at the moment of withdrawal, and the Client shall pay them to Hunterra without delay, no later than 10 days from the day on which the Client receives an e-mail informing of the withdrawal with a request for payment of such receivable.

  9. 9.

    If the Client is in default with payment of any due receivable owed to Hunterra, the Client shall also pay Hunterra contractual default interest of 0.05% per day of the amount owed for each day of delay, including any day begun. By concluding the Contract, the Client confirms having read this provision of the Terms on contractual default interest and considers it reasonable in view of the importance of the secured obligation.

  10. 10.

    Once the Client has successfully registered, the Client becomes, as stated above, a Hunterra Member and on the basis of that membership may create a new Hunting Ground or an event within a hunting ground, i.e. a Hunting Event, to which the Client invites Hunterra Members. By creating a Hunting Event, the Client declares to be entitled to organise such a Hunting Event within the Hunting Ground.

Article IVCommission

  1. 1.

    If a Hunting Event is run as an event with paid participation on the part of Members (participants in the Hunting Event), the Client shall pay Hunterra the commission set out below (hereinafter the “Commission”).

  2. 2.

    The Client shall pay Hunterra the Commission as a percentage fee on the Client’s turnover for the Intermediation of the Hunting Event. For the purposes of these Terms, Intermediation means placing a public Hunting Event and further information about it on Hunterra’s Website or in the Application. In the case of a private Hunting Event, Hunterra “only” provides the Client with the possibility of inviting specific Members to the Hunting Event through the Application. Hunterra is then neither entitled nor obliged to publish information about the Hunting Event in the manner described above. For the avoidance of doubt, Hunterra is not obliged to perform any activity other than that described above in order to become entitled to the Commission.

  3. 3.

    As a Hunterra Member, the Client is entitled to create new Hunting Events through the Application. Members are entitled to take part in Hunting Events created by other Hunterra Members, for which they pay the Client, as the organiser of the Hunting Event, a predetermined sum of money (fee for participation in the Hunting Event).

  4. 4.

    The Client shall provide Hunterra with an overview of payments made in connection with the Hunting Event. At Hunterra’s request, the overview of payments shall be documented by statements of the Client’s account to which the Members’ participation fees were paid, or by an overview of cash payments marked with the identification details of the Hunting Event (name, date and place) and signed by the Client.

  5. 5.

    The Client is entitled to invite persons other than Members to a Hunting Event organised by the Client. However, if a Member takes part in the Hunting Event, the Client shall notify Hunterra of this fact and pay it the Commission arising from the income from that Member’s participation.

  6. 6.

    The Client pays the Commission, as a percentage commission on turnover for Intermediation, from the total amount received from other Hunterra Members who took part in the Hunting Event held by the Client. The Client shall pay the Commission to Hunterra within 10 days of the end of the Hunting Event to the bank account held with Fio banka, No. 2201849624/2010.

  7. 7.

    The Commission is set as a percentage of total turnover, i.e. of the fees paid by Members for participation in the Hunting Event, at a rate depending on the Client’s subscription level in the Application: 10% for the Free level, 8% for Premium and 6% for Pro.

  8. 8.

    After payment of the Commission, Hunterra issues the Client an invoice and sends it promptly to the e-mail address the Client provided when registering in the Application.

  9. 9.

    The Client acknowledges and agrees that Hunterra is entitled to assign any receivable from the Client to a third party.

Article VIntermediation of Hunting Events

  1. 1.

    Hunterra is obliged to publish the event entered by the Client – the Hunting Event – including the conditions set by the Client, on its Website, specifically in the Events section or in a section created specifically for that purpose, and in the Application, so that other Hunterra Members can sign up for Hunting Events through the Application. Hunterra is not obliged to publish only such information about a Hunting Event as would be contrary to generally binding legal regulations, these Terms or good morals. Likewise, Hunterra is entitled to remove all information about a Hunting Event from the Website at any time if it violates the above, or if it is evident from the available information that the Hunting Event is planned or organised for the purpose or with the intention of committing unlawful conduct (e.g. poaching). Such action by Hunterra has no effect on its entitlement to the Commission under these Terms.

  2. 2.

    Hunterra is obliged to publish information about the Hunting Event on its Website no later than 3 days after the Hunterra Member created the Hunting Event.

  3. 3.

    For the Intermediation of Hunting Events on its Website, Hunterra is entitled to the Commission set out in Article IV of these Terms.

  4. 4.

    In addition to the method of Intermediation of Members’ participation in a Hunting Event described above, Hunterra is entitled to promote the Hunting Event through its partners, in particular their websites. Both Hunterra and the Client may decide on this form of promotion of the Hunting Event independently of each other.

Article VIPersonal Data, Confidentiality and Other Arrangements

  1. 1.

    Hunterra stores the personal data provided by the Client exclusively for the purpose of performing the Contract for the creation of Hunterra membership, for the Intermediation of Hunting Events, for collecting the Commission from Clients and for asserting its claims through the courts or by similar means.

  2. 2.

    Hunterra does not disclose the Client’s personal data to third parties, except where necessary to fulfil its obligations under generally binding legal regulations, to protect its rights or in the event of assignment of a receivable from the Client. Hunterra processes the Client’s personal data in accordance with the GDPR.

  3. 3.

    By clicking the “Create new account” button on the Website, the Client confirms having provided personal data voluntarily and agrees to their inclusion in Hunterra’s records, unless this is contrary to legal regulations, as well as to their disclosure and provision to third parties and state organisations under the conditions and to the extent laid down by applicable legal regulations.

  4. 4.

    The Client agrees that Hunterra may entrust the processing of personal data to a third party and declares that all data provided are true and that the Client is aware of the consequences of providing false data.

  5. 5.

    The Client is entitled to withdraw consent to data processing in writing. Refusing or withdrawing consent may result in Hunterra being unable to properly provide its services under the Contract or to intermediate Hunting Events to Members under these Terms.

  6. 6.

    The Client has been informed about the storage of cookies on their computer. Through the settings of their web browser, the buyer can delete, block or completely disable individual cookies manually. Instructions on how the Client can refuse or delete cookies can be found in the “Help” section of the web browser.

Article VIIFinal Provisions

  1. 1.

    Contractual relations arising from the Contract are governed, in matters not regulated by the Contract or these Terms, by the relevant provisions of the applicable legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.

  2. 2.

    Any disputes arising from these Terms between Hunterra and a Client who is not an entrepreneur shall be decided by the courts of the Czech Republic having subject-matter and territorial jurisdiction. Any disputes between Hunterra and entrepreneurs shall be decided by the District Court for Prague-West (Okresní soud Praha-západ).

  3. 3.

    Hunterra is entitled to change these Terms at any time; in relation to the respective Contract, the version of the Terms published on Hunterra’s Website at the time of conclusion of the Contract shall always apply.

  4. 4.

    By clicking the “Create new account” button, the Client confirms having thoroughly read the Terms, understanding them and agreeing with all provisions and their legal consequences.

  5. 5.

    These Terms take effect on the day of their publication on Hunterra’s Website.

Hunterra, s.r.o.Mgr. Bc. David C. Hájíček, LL.M.Managing Director