GENERAL TERMS AND CONDITIONS FOR THE USE OF THE PLATFORM TRYNEGO
INTRODUCTION
These General Terms and Conditions (hereinafter the “T&C”) stipulate the rights and obligations of Trynego, Id. No.: 09425306, with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czechia (hereinafter “Trynego”) and the User when using the platform at www.trynego.com (hereinafter the “Platform”).
The User can be any natural person older than 16 years. By accepting these T&C the User confirms he or she meets the age requirement.
The User confirms that he or she will not use the Platform for any business or promotion purposes unless agreed with Trynego otherwise.
DEFINITIONS
Platform means www.trynego.com. The Platform enables Users to gather travel information, post and share their travel experience and opinions and search for the best travel solutions for their travels.
User means the registered User of Trynego who can take advantage of the services provided at the Platform.
Product means a general description of a travel possibility. The Product can be a point of interest (e.g. a waterfall), activity (climbing), trip, service (a Yoga class), ticket for a variety of events (theatre, football, museum), transport (bus, taxi, tuk-tuk), sim cards, souvenirs and other matters related to tourism. A Product is not related to a specific Seller. Public museums and similar attractions are an exception to that rule.
Story means a post by a User. By adding a Story, the User expresses his or her opinion about the Product and its value for other Users. A Story can include all or some of the following features: a price negotiated by the User, rating, review, a place of sale of the Product, photos related to the Product, etc.
Like button means a User’s possibility to express that he or she likes a Story.
Wishlist means a User’s saved list of Products he or she is interested in.
Rating means the number of stars. Five stars refer to the best experience, one star refers to the worst experience.
Review means a verbal description in a User’s Story.
Place of Sale means a specific place where a User arranged or purchased a Product.
Price means the price for which a User purchased the Product. The price can be fixed or negotiated by the User.
Content means any information, text, graphics, photos, audio, videos, data added by a User.
Seller means the provider of a Product.
Deal means a deal made between a User and a Seller.
Admin means Trynego as the administrator of the Platform.
CREATING ACCOUNT/REGISTRATION
Only registered Users can make full use of the Platform. Non-registered Users can view and browse the platform to limited extent only.
The contract on use of the Platform is concluded once a User clicks on the “Create Account” button. Different rules may apply if the contract on use of the Platform is concluded via third parties such as Facebook, Google and others.
By creating an account, the User is registered as a free User.
By concluding the contract, the User confirms that:
these T&C were provided to him or her before registration and that the User has become acquainted and agrees with these T&C;
he or she has become acquainted with the Complaint Procedure that is part of these T&C.
Free Users can choose to upgrade their registration and become Premium Users at any time. The Premium User account is a paid account. These T&C apply to Premium Users, too.
USER RIGHTS
User rights vary for different types of Users.
Non-registered Users can view and browse the part of the platform that does not require registration.
Registered Users can, in particular:
create and manage their own account;
add a Story to a Product;
like a Story;
create a new Product under the conditions specified below;
inform the Admin about a possible breach of the rules for adding Content to the Platform;
inform the Admin about an outdated, false or misleading Product;
add a Product to their Wishlist.
In addition to the above, Premium Users can, in particular:
enjoy the platform without any advertising tools;
get direct links to buy online tickets from providers.
Users can create a new Product if their Story does not relate to any existing Product. Such Product will be then assessed and approved by the Admin. The Product might not be available on the Platform during the approval procedure.
The Admin can add Products at its own discretion at any time.
The Admin has the right to change, i.e. add or remove, the rights of non-registered Users and free Users at its sole discretion at any time. As regards Premium Users, the Admin can only add additional rights at its discretion.
When removing rights of a Premium User, the Admin is obliged to proceed as stipulated in Article 11 of these T&C.
PAYMENTS
Non-registered Users and free Users can use the platform free of charge.
Premium Users are obliged to pay a fee for the use of the Platform on a monthly basis. Their contract on use of the Platform is concluded for an indefinite period of time.
The monthly fee is USD 9.90. The fee includes VAT.
The monthly fee can be paid by credit or debit card only.
Premium Users are requested to make their first payment on the day of their subscription to Premium Account. Subsequent payments will be automatically debited from their credit or debit card following month on the date that numerically corresponds to the date of the first payment (e.g. first payment is made on July 2, next payment will be automatically charged on August 2).
The User’s financial obligation is fulfilled on the date the payment is credited to Trynego’s account. In case the payment is denied, the Premium Account will be automatically cancelled and changed to a Free Account.
In the event that Trynego returns or provides the Premium User with a full refund or with a refund of a part of the payment for any reason, whether as a result of a discount, cancellation or for any other reason, Trynego will make the payment by wire transfer to the account from which the purchase price or part thereof was paid.
ADDING CONTENT ON THE PLATFORM
Users can add only such Content that is true, correct and complete, i.e. does not lack any important information and corresponds either to their personal experiences or personal experience of another person.
Users must not add any Content that is offensive, inappropriate, pornographic, and racist or otherwise incites hatred.
Also, Users must not add Content that could constitute, encourage or provide instructions for conduct of an illegal activity, violate someone’s privacy, infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Users are prohibited from adding any direct contact information of the Seller, i.e. phone number, e-mail or website.
Users cannot add any Content related to their own business if this could be considered as marketing of their own services or promoting Sellers. Such Content must be expressly permitted by Trynego in advance and might be published for consideration. The permission can be obtained and further conditions of the promotion specified at: trynego@trynego.com. The same conditions and rules apply to copying or incorporating any part of the Platform Content into any other website or service.
Users can add Content in the language that is supported by Trynego, especially in English. Content in other languages can be translated or removed by Trynego.
The User hereby acknowledges that he or she is fully liable for all the Content added. The User hereby declares that he or she enjoys all the rights to the Content, especially copyright to the photos, videos and published texts.
The User hereby acknowledges that when adding a photo, audio or video he or she has obtained the consent of the depicted or recorded people. Any compensation claimed by the recorded people or rights-holders against Trynego will be claimed by Trynego against the User.
When breaching any of the above mentioned obligations or any other obligation stipulated in these T&C, the User might be liable for damages and Trynego is entitled to delete their registration without any entitlement for refund.
WORK WITH THE CONTENT BY TRYNEGO
The User agrees that Trynego can use the Content posted by Users at its sole discretion and the User hereby explicitly agrees with it and declares that there is no statutory or contractual limitation for Trynego to use the User’s Content.
Trynego can, in particular:
create, merge, modify or adjust Products;
assign a User’s Story to a different Product;
share, translate, distribute or publish the Content posted by a User on the Platform;
use publicly the Story or its part in anonymised version after the User has deleted his or her account;
show the price in the currency other than the one quoted by the User; Trynego uses various public sources for the exchange rate and does not guarantee its correctness;
prepare marketing materials based on the User’s Content;
compile statistics and compare prices and use them for marketing purposes;
share or sell information based on Users’ data to third parties.
The User hereby declares that Trynego is free to use the User’s Content without reference to the User’s name and other identification.
TRYNEGO RIGHTS
Trynego is the owner of the Platform infrastructure and the Content posted by the Admin.
It is considered as a breach of Trynego’s proprietary or other rights if the User:
uses the Platform or the Content posted by the Admin or another User for any commercial purposes in breach of Article 6.5.;
accesses, monitors, reproduces, distributes, broadcasts, displays or otherwise exploits any Content posted by the Admin or another User;
uses any automated means such as a robot, spider or scraper in order to exploit the Content;
copies or publishes parts of the Trynego blog without reference to the Platform;
incorporates any part of the Platform into any other websites or service without expressed permission as specified in Article 6.5.
REMOVING CONTENT
Users can remove Content they created at any time.
Users can report to Trynego any inappropriate Content that violates the rules stipulated in Article 7 of T&C directly on the Platform.
Acting in good faith, Trynego can remove any Content that violates the rules laid down in Article 7 of T&C and that could negatively affect other Users and Trynego itself. However, Trynego has no obligation to review, edit or monitor any Content posted, it reserves the right, in its sole discretion and without notice, to remove or review any Content at any time and for any reason, or to outsource such activities to third parties, and it is the User’s responsibility to maintain a copy of the Content posted by the User in such event.
TERMINATION OF THE CONTRACT / REGISTRATION CANCELLATION
Users can leave the platform anytime and delete their profile and registration with immediate effect. In that case, the Content added by them will not be removed from the Platform but will be anonymised within a reasonable time period.
Further possibilities to terminate the contract for Premium Users are laid down in Article 11 of these T&C.
Trynego can terminate the contract with any User by giving him or her one month’s notice.
In case of serious breach of the contract, Trynego can terminate the contract with immediate effect.
Premium Users are obliged to pay the monthly fee for the whole month in which the contract/registration was terminated.
Trynego can terminate the contract/access to the Platform with immediate effect if the User breaches any of the obligations stated in these T&C.
AMENDING THESE T&C
Trynego reserves the right to reasonably amend these T&C in accordance with Section 1752(1) of Act No. 89/2012 Coll., the Civil Code, in particular to change the amount of the monthly fee payable by Premium Users or delete a service in the event of significant changes in the travel industry. Trynego will communicate such change to the User via his or her profile and by sending it to the User’s e-mail. Trynego will also indicate the date on which the change to the T&C will take effect, with a minimum of 30 days between notification to the User and the effective date of the change. If the User does not agree to the change in the T&C, he or she may reject the change within 30 days of notification or delete his or her account with immediate effect. Then the Premium User services will be suspended at the end of the respective month and the User automatically becomes a free User.
COMPLAINT RULES
Trynego is not liable for the Content posted by the Users or for third-party Content such as weblinks.
Trynego is liable for the Content posted by the Admin and for ensuring that the Platform services are provided to Users without any defects.
Provision of Platform services free of any defects means that the User can create and log into his or her account and add Stories. Premium User can also hide banner advertising or find out a weblink for purchase of a Product e-ticket that enables the purchase of an e-ticket. If these services are unavailable for more than 7 days, Trynego’s services are vitiated by a defect.
Unavailability of services because of a force majeure event, maintenance, testing or development of the Platform are not considered to be defective services. Unavailability of services due to poor internet connection or any other reason attributable to the User’s is not considered to be a defect.
Users are entitled to send their complaints to info@trynego.com. Users are obliged to state in their complaint what they see as a defect and how they wish their complaint to be handled. Trynego is obliged to address the complaint as soon as possible, within 30 days at the latest, unless a longer period has been agreed with the User.
If the User is a consumer and he or she is not satisfied with the resolution of the complaint, then he or she has the right to out-of-court resolution of the dispute before the Czech Trade Inspection Authority. Detailed information on the conditions of out-of-court resolution of the dispute is available at www.coi.cz.
If the User is a consumer and has purchased goods or services online, the User may use the online dispute resolution platform to resolve the dispute. More detailed information on the conditions of online dispute resolution is available at ec.europa.eu/odr.
PERSONAL DATA PROTECTION
The User acknowledges that Trynego is authorised to process his or her personal data added to the Platform. Such data include the information within the User’s profile and Stories posted by the User.
The User is obliged to create his or her registration with a username and e-mail. Otherwise, the account cannot be created.
Additional optional data within the profile include name, phone, cover photo, profile picture, country of origin, age, sex, biography and a decision whether the profile is public or private.
Users understand that a private profile means that other Users cannot reach his or her public profile. Stories will be visible to other Users at any time.
Trynego may require additional information from Premium Users in order to process the payments.
Personal data in the profile will be stored for the term of the User’s valid registration only. Stories can be anonymised after the termination of the contract.
The personal data can be disclosed to the necessary extent to Trynego’s following contractors/suppliers:
DigitalOcean, LLC, ATTN: Legal, 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA, for data placement on the Platform; the data is stored in the EU;
Google, Gordon House, Barrow Street, Dublin 4, Ireland in order to send and receive e-mails; the data is stored in the EU;
Twilio Ireland Limited, a company registered in the Republic of Ireland, whose registered address is 70 Sir John Rogerson’s Quay, Dublin 2, D02 R296, Ireland, in order to send e-mails;
ImageKit Inc, Christiana Corporate Business Center, 200 Continental Drive, Suite 401, Newark, DE, 19713, USA, in order to process photos and videos;
Google LLC, with its seat at Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware, USA, 3582691, in order to create or log into an account;
Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, www.facebook.com, in order to create and log into an account.
The personal data might be transferred outside the European Economic Area countries, especially to the United States of America based on standard contractual clauses.
The User acknowledges that Trynego will process his or her personal data within the scope of the e-mail address for the purpose of sending commercial communications. Trynego may send commercial communications by e-mail. The User may object to being sent commercial communications at any time, either by a letter sent to Trynego address or by an e-mail sent to the following e-mail address: info@trynego.com. In that case, the Trynego will not continue sending commercial communications to the User or otherwise process the User’s personal data for the purposes of direct marketing.
The User acknowledges that he or she as a data subject may, in particular:
request access to his or her personal data;
request the correction of inaccurate or incomplete personal data;
request the erasure of personal data;
request restriction of processing of personal data;
object to the processing of personal data;
lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, Czech Republic.
JOINT AND FINAL PROVISIONS
The contracts and agreements subject to these T&C are governed by the Czech laws unless other legal order proves to be more convenient for the User that can be considered a consumer.
Any potential invalidity of the individual provisions of these T&C will in no way prejudice the validity of the provisions of the contracts and agreements to which these T&C apply.
These General Terms and Conditions are effective from 26th September 2024.
