Terms and conditions

Last updated: 12 March 2023

GENERAL TERMS AND CONDITIONS OF SWORP

  1. Introductory provisions
  1. These general terms and conditions (GTC) govern the rights and obligations of the Operator and Users resulting from the operation and use of SWORP and the provision of Services by the Operator for Users. All terms capitalized in this point 1.1 of the General Terms and Conditions are defined below in the text.
  2. The operator is SWORP as, identification number 17216621, with its registered office at Hybernská 1007/20, Prague 1, 110 00, registered in the commercial register maintained by the Municipal Court in Prague, file number B 27355 (Operator), which operates the SWORP platform via the web interface [ https://www.sworp.com] and the linked SWORP mobile application (collectively SWORP), which serves as an online marketplace for connecting the supply and demand of SWORP users (User) in connection with services related to repairs, maintenance and reconstruction real estate.
  1. A user is any natural or legal person who uses SWORP. Users can use SWORP as:
  2. persons inquiring through SWORP services of artisans (Requesters); or tradesmen who use SWORP to offer their services related to the repair, maintenance and renovation of real estate (Tradesman), the Operator and the User may be collectively referred to as the Parties.
  1. The parties may agree on rules deviating from these GTC, with the proviso that, in such case, these deviating arrangements take precedence over the provisions of these GTC.
  2. The operator reserves the right to change these GTC unilaterally in the event of a reasonable need (especially in the event of a change in the legal environment, the situation on the relevant market or as part of an effort to increase the quality of service provision). Such a change to the General Terms and Conditions does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.
  1. User account
  1. In order to use SWORP, it is necessary for the User to set up his own user account (User Account). The moment the User account is created, a contractual relationship between the Operator and the User is established, to which these GTC apply.
  2. When creating a User Account, the User is obliged to enter all data correctly and truthfully, with the obligation to update them in the event of any change or to notify the Operator of their incorrectness and/or out-of-dateness. The Operator considers the data provided by the User in the User Account to be correct until the User informs him otherwise or updates them. The User bears any responsibility for any damage caused to the Operator as a result of a breach of his obligation to update his data in the User Account according to this paragraph.
  3. Access to the User account is secured by a username and password. The User is obliged to maintain confidentiality regarding the information necessary to access his User Account and acknowledges that the Operator is not responsible for any breach of this obligation by the User, nor for the fact that the User Account is used by any third party based on the User's actions.
  4. The User acknowledges that the completion of the User Account registration does not give him an automatic legal right to be provided with any Services by the Operator.
  5. The Operator reserves the right to cancel the User's account at any time, especially in the case of prolonged inactivity of the User or in the event that the User has violated any provision of these GTC, legal regulations or good morals, or also in the event that the Operator is authorized to do so his legitimate interest or the legitimate interest of third parties. Cancellation of the User's account according to this paragraph does not entitle the User to any claim for damages or other damages against the Operator.
  6. The User himself can always request the Operator to cancel the User Account.
  7. The User acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Operator's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties. The operator bears no responsibility for non-functionality or unavailability of the User account caused by the fault of third parties or force majeure.
  1. License and user content
  1. The Operator grants the User a free, non-transferable, non-exclusive and territorially and time-limited license for personal use of SWORP to the extent according to these General Terms and Conditions. This license will be valid until the User Account of the respective User is deleted, or until the User is prohibited from using SWORP by the Operator in accordance with these GTC.
  2. At the same time, after creating a User account, i.e. at the same time as the Operator according to paragraph 3.1 above, the User grants the Operator a royalty-free, non-transferable, non-exclusive and territorially and time-limited license to all content that it uploads to SWORP. The license granted in this way can be revoked by the User at any time, and the Operator will remove all the content uploaded and published by the User in SWORP in a reasonable time based on this revocation.
  1. online property maintenance marketplace
  1. SWORP represents a market environment for (i) Enquirers on the one hand and (ii) Craftsmen on the other hand, through which the Operator provides these Users with a service enabling them to connect the demand of Enquirers with the offer of Craftsmen as described in paragraph 4.2 below.
  2. The requester places an order for a service from the Craftsman (Craftsman Services) by entering the relevant parameters necessary to create an order within the SWORP and confirming the duly completed order within the SWORP (Order). The operator will subsequently contact the relevant Craftsmen who might be interested in the Order. Subsequently, the Inquirer will be informed as to whether his Order has been accepted by any of the Craftsmen, whereby the relevant Inquirer can subsequently make his already binding offer to conclude a contract for the provision of Craftsman Services with a specific Craftsman. In the event that the selected Craftsman accepts the Requester's offer to provide his Craftsman Services, a contract will be concluded between the Requester and the Craftsman (Contract between the Requester and the Craftsman).
  3. It is prohibited for SWORP to make requests or offers for services other than those for which SWORP is expressly intended, i.e. in the sense of this article related to the repair, maintenance or reconstruction of real estate, or other similar services that SWORP offers at the time . In particular, it is forbidden for the demand or offer for SWORP to be contrary to good morals or legal regulations.
  4. The Enquirer acknowledges that there is no legal right to conclude a Contract between the Enquirer and the Craftsman through SWORP. In the event that the Order is not confirmed by any of the Craftsmen, the Requester cannot rely on any provision of services by the Craftsmen on any of the Craftsmen and/or the Operator.
  5. Given that the Operator acts only as an intermediary between the Requester and the Craftsman in order to enable the Requester to use the Services of the Craftsman, and does not have any other contractual relationship with the Requester in this sense, the Operator bears no responsibility for the selection of the Craftsman, for the information provided between the Requester and the Craftsman to each other, for the performance of the Craftsman (including the quality of the Craftsman's Services), not even in the form of liability for advice in the sense of § 2950 of Act No. 89/2012 Coll., Civil Code (Civil Code), nor for any damage or non-property damage caused by the Craftsman. The requester cannot exercise any of the consumer's rights that he has against the Craftsman against the Operator. This paragraph does not affect the fact that the Operator will provide non-claim services for the Enquirer, consisting in the provision of support, the subject of which will be the handling of complaints and initiatives of the Enquirers against the Craftsmen.
  6. Further details of the operation of the online marketplace for property maintenance are provided on the Operator's website or directly in SWORP.
  1. Rules for users when using SWORP
  1. The user is obliged to refrain from the following activities when using SWORP: copying, editing, reverse analysis, decompilation or disassembly of any content contained in SWORP; any use of the content contained in the SWORP other than through direct use of the SWORP, unless the Operator grants express prior consent to such other use; selling, renting, sublicensing or lending any part of SWORP to a third party; providing the User's chosen password to another person or using another person's username and password; the use of automated methods (including bots and robots scraper or spider) to collect information from the Application or to artificially promote content; selling the User Account or receiving any other compensation of a financial or similar nature for it.
  1. The user is also obliged to ensure that the content uploaded or published by him in SWORP: is not offensive, defamatory, defamatory, pornographic, threatening or obscene; did not violate any rights of third parties, including intellectual property rights; did not include Trojan horses, viruses or similar material; was not designed to intimidate or harass other users; did not falsely imply or represent an association with another user, person or entity, or was otherwise fraudulent, false, deceptive or misleading; did not disrupt or affect SWORP in any way, breach its security or attempt to test its vulnerabilities.
  1. Any case of violation according to this article may lead to the permanent cancellation of the User's account and the inability to use SWORP for the relevant User. At the same time, the Operator is entitled to claim and recover any possible damage or injury that it incurs due to this violation on the part of the User.
  1. Advertisements in SWORP
  1. The user acknowledges that advertisements or other commercial communications from third parties may occasionally appear in SWORP. The Operator bears no responsibility for the content of these advertising messages and their veracity.
  2. Furthermore, the Operator is not responsible for any damage or other harm that will be caused to the User as a result of relying on the veracity of such advertising or commercial communication.
  3. The User acknowledges that if an advertisement for a product appears in SWORP, it does not mean that the product presented through it is in any way recommended or supported by the Operator.
  1. Responsibility for content in SWORP
  1. correctness, completeness and truthfulness of user data uploaded to SWORP. The Operator does not and cannot control the correctness, completeness and truthfulness of user data, including documents entered by individual Users, and therefore is not responsible for damage caused as a result of incorrect or incomplete outputs from SWORP based on incorrect, incomplete or untrue user data.
  2. If any third party makes any claim against the Operator in connection with the content uploaded by the User to SWORP, including interference with personal rights or intellectual property rights, the Operator is entitled to demand payment from the User for this claim in full, including the costs of legal representation and compensation non-pecuniary damage to the Operator.
  3. User acknowledges and agrees to use SWORP at their own risk and responsibility.
  4. The operator is in no way responsible for any interaction between Users. The user is still obliged to avoid any behavior and actions that could be seen as harmful or annoying in relation to third parties.
  1. Complaints The
  1. User is not entitled to raise any rights against the Operator from defective performance related to the On-line marketplace for property maintenance, if this Service is provided to the User free of charge. If this Service is provided for a fee, the rules set out in Article 8.2 shall apply accordingly.
  2. For the avoidance of doubt, the Operator states that due to the fact that it is not and cannot be a contractual party with regard to Craftsman Services, the User is not entitled to exercise rights against the Operator from defective performance even with regard to Craftsman Services, but must be exercised directly against to a specific Craftsman.
  1. Termination of the provision of Services
  1. The Operator reserves the right to terminate the provision of Services and the operation of SWORP at any time, even without prior notice to Users.
  1. Protection of personal data
  1. Users acknowledge that in the framework of the provision of Services, the Operator will be forced to process their personal data, i.e. personal data of third parties provided to it by Users (Personal Data), while for the purposes of processing Personal Data, it will be considered the administrator of personal data data.
  2. The operator undertakes to comply with all obligations under the regulations on the protection of personal data, in particular with regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of this data and on the repeal of Directive 95/46/EC, taking into account these GTC.
  3. Further information on how the Operator handles personal data is provided in the Operator's Personal Data Protection Policy available under the following link: https://www.sworp.com/privacy-policy .
  1. Protection of confidential information
  1. The Operator and Users undertake to maintain the confidentiality of confidential information, which for the purposes of these General Terms and Conditions is considered in particular all information and data that the Operator or Users learn in direct or indirect connection with the operation of SWORP. Confidential information is also considered to be information about the Requesters, know-how and other matters of the Operator or Users, which are not publicly available and known and are the subject of a trade secret and the Operator or the User marks them as a trade secret.
  1. Interpretive provisions
  1. The term Operator also includes his legal successor and any person authorized to act on his behalf.
  2. Unless expressly stated otherwise, a reference to an article or appendix means a reference to an article or appendix of these GTC.
  3. Unless expressly stated otherwise, a reference to a provision of a legal regulation is a reference to a provision of a legal regulation as last amended.
  4. The singular includes the plural and vice versa, unless the context in which the expression is used requires a different interpretation.
  5. The headings and sub-headings in these GTC are for convenience only and are not legally binding in any way.
  1. Contact information, delivery address
  1. The User can contact the Operator via the e-mail address info@sworp.com, or by correspondence to the address SWORP, Hybernská 20, Prague 1.
  1. Final provisions
  1. In the event that any provision of these GTC is or becomes invalid or ineffective, the other provisions of these GTC remain valid and effective.
  2. All rights and obligations of the User and the Operator arising from the operation and use of SWORP, as well as in connection with these GTC, are governed by the legal order of the Czech Republic, and the courts of the Czech Republic have jurisdiction over any disputes.
  3. In the event that a consumer dispute arises between the Operator and the User as a consumer from the contract for the provision of services, which cannot be resolved by mutual agreement, the User as a consumer is entitled to submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech commercial inspection (web:www.adr.coi.cz). As a consumer, the user can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.