RULES ON LIABILITY FOR CONTENT OF REVIEWS AND CONTRIBUTIONS INPUT BY USERS OF HEUREKA
1. Introductory Provisions
1.1. This document (hereinafter the “Reviews TaC”) sets the rules on liability of the operator of the Heureka.cz and Heureka.sk, operated by Heureka Shopping s.r.o., registered office: Karolinská 650/1, 186 00 Prague 8, company ID number: 02387727, tax ID number: CZ0238772, for the content of contributions and reviews input by Users on the Portal’s website for the purpose of assessing the quality of services connected to the E-shop, or sharing experience of specific goods (hereinafter “Reviews”).
1.2. This document does not establish any contractual relationship between the Operator and a User - it only sets out matters of extra-contractual liability for content under Act No. 484/2004 Coll., on Some Information Society Services (hereinafter the “AoISS”), and does not replace the arrangements between the Operator, a User and a Retailer contained in the Terms and Conditions for Use of Heureka Shopping Gallery and the Special Conditions in accordance with Article 1.2.2. of the Terms and Conditions.
1.3. The interpretation of terms in accordance with Article 1.3. of the Terms and Conditions applies to these Reviews TaC, unless these Reviews TaC designate a different term and define its interpretation.
2. Liability for Reviews, Operator’s Status
2.1. The Operator enables Users to input Reviews for individual Retailers or goods they offer. Users input Reviews quite independently through the Portal, they are automatically published on the website without a prior check by the Operator.
2.2. With regard to the aforementioned procedure, the Portal is regarded as a service enabling the storage of information provided by Users (i.e. Reviews) in accordance with Section 5 of the AoISS, and the Operator is therefore regarded as the provider of information society services in accordance with Section 2(a) and (d) of the AoISS, which are affected by the provisions of Section 5 and Section 6 of the AoISS.
2.3. In accordance with the provisions of the AoISS in accordance with the previous article, the Operator is obligated to supervise the content of saved information (Reviews) and actively search for facts and circumstances indicating the unlawful content of information input.
2.4. The Operator is liable for the contents of Reviews only in the following cases (in accordance with Section 5 of the AoISS):
2.4.1. If it could, with regard to the subject of its activities (i.e. the operation of the Portal) and the circumstances and nature of the case, have known that the contents of the information saved (Reviews) or the User’s actions were unlawful; or
2.4.2. It demonstrably learned of the unlawful nature of the content of the information saved (Reviews) or of the unlawful conduct of a User and did not promptly take all steps that could be required of it to remove such information or make it unavailable.
2.5. With regard to the fact that in the case of the Portal the Operator is not obligated to supervise the content of Reviews and check their compliance with legal regulations, the case of liability in accordance with Article 2.4.1 is not applicable in practice in the case of the Portal. The Operator can be liable in accordance with Article 2.4.2, if the conditions in accordance with Article 3 of these Rules are met.
2.6. In accordance with Section 5(2) of the AoISS, the Operator does not exercise any influence over the activities of a User during the inputting of Reviews and in no way influences the contents of Reviews.
3. Conditions for Removing Reviews
3.1. With regard to Article 2 of these Reviews TaC, the Operator basically does not remove Reviews, with the exception of the procedure in accordance with Article 3 of these Reviews TaC.
3.2. A Retailer or a User is entitled to send the Operator a notification of the unlawful nature of a Review. Notifications must contain information sufficient so that the Operator, in accordance with Article 2.4.2 of these Terms and Conditions, demonstrably learns of the unlawful nature of a Review, where the following information must result from it:
3.2.1. Identification of the Review;
3.2.2. Reasoning for unlawfulness;
3.2.3. A reference to the provisions of legal regulations that the Review breaches;
3.2.4. Evidence of unlawfulness (in particular a final court decision or decision of another body).
3.3. Notification can be sent to the Operator by e-mail, to the address firstname.lastname@example.org;
3.4. The Operator is not obligated to assess the unlawfulness of actions and the degree of a breach of legal regulations by the inputter of a Review. The Operator will therefore only remove a review in the event a notification meets all the requisites in accordance with Article 3.2 in such a manner that the unlawfulness of a review is demonstrable in accordance with Section 5 of the AoISS and Article 2.4.2. A notification that does not meet the conditions in accordance with this Article 3 will be rejected. The Operator is entitled, but not obligated, to justify the rejection of a notification.
3.5. For this reason, in accordance with Article 3.4, it is not possible to comply with requests containing claims about the unlawfulness of information stated in a Review without further legal justification and relevant evidence that clearly results from unlawfulness.
4. Final Provisions
4.1. These Review TaC in no way limit the Operator’s right to delete a Review in the event it regards the Review as unlawful or as inappropriate in terms of its content or formally for the Portal or its relevant section. The rights and duties of Users and the Operator in connection with the inputting and removal of Reviews are stipulated in Article 8 of the Terms and Conditions.
4.2. Rights and duties not set out by these Reviews TaC shall be governed by the Terms and Conditions and the Special Terms and Conditions to the extent to which they are not in conflict with these Business Terms and Conditions, as well as by generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 480/2004 Coll. on some information society services.
4.3. The rules for the making of unilateral amendments to these Reviews TaC by the Operator are stipulated in Article 9.1 of the Terms and Conditions.
4.4. This text of the Reviews TaC comes into effect on 1 January 2014.