Terms of Use Blabu CZ (blabu.com)

as of 02 November 2020

1. Who we are


1.1 Blabu.com is a global online platform enabling professionals and experts from around the world (Professional) to manage their teaching, advisory or consulting business online (Platform). The Platform is an on-demand marketplace for any Professional to teach or consult their students (Student) via instant or scheduled video conversations offered by the Professional on the Platform (Calls or, individually, Call). Calls are secured through the digital environment (user interface) incorporated in the Platform. The Platform is open to any Professional and any Professional’s Student without limitation, provided that minors may not use the Platform without the consent of their legal representatives (parents) and if they are under the age of 13, they may not make or participate in any Call without the presence of a parent. The Platform further may not be used in countries that are imposed an embargo or other international sanctions or by their nationals.  


1.2 The Platform as a marketplace enables (i) the Professionals to offer through the Platform their services via the Calls to their Students; and (ii) their Students to meet the Professionals through the Platform and use their services (by making the Calls). 


1.3 The Platform is operated by the Czech limited liability company BLABU CZ s.r.o., Id. No. 07899912, with its registered office at Roháčova 188/37, Žižkov, 130 00 Praha 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under entry C 309549 (Provider). The Platform is available on the website www.blabu.com


2. Terms of Use 


2.1 Upon creating the user account (Blabu Account) and upon each use of the Platform, in particular by accepting an Offer for the Call as specified below, the Student (i) agrees to be bound by these Terms of Use; and (ii) confirms that he / she is an adult but if he / she is a minor, he / she confirms that he / she received from his / her legal representative (a parent) a consent to creating the Blabu Account and accepting these Terms of Use (including the Code of Conduct and the Privacy Policy and / or any other terms referred to in these Terms of Use) and (iii) he / she further confirms and agrees that, in case he / she is under the age of 13, he / she shall not participate in any Call without the presence of any his / her parent; and (iv) he /she further confirms that he / she is not a national of or the Calls would not be made to or from any country which is imposed an embargo or other international sanctions. In case that the Student does not agree to the Terms of Use or cannot confirm and agree to points (ii) through (iv) above, he/she may not use the Platform. 


2.2 The Provider may unilaterally amend the Terms of Use. The Student shall be notified of any such amendment on the Platform. Any amendment to the Terms of Use (Amended Terms of Use) comes into effect upon its publication on the Platform. By each use of the Platform by the Student (as specified above) following the publication of the Amended Terms of Use, the Student agrees to be bound by and accepts such Amended Terms of Use.


2.3 Capitalized terms used in the Terms of Use shall have the following meaning: 


Amended Code of Conduct

shall have the meaning as defined in Section 5.1

Amended Privacy Policy

shall have the meaning as defined in Section 8.4

Amended Terms of Use

shall have the meaning as defined in Section 2.2

Blabu Account

shall have the meaning as defined in Section 2.1

Call / Calls

shall have the meaning as defined in Section 1.1

Code of Conduct

shall have the meaning as defined in Section 5.1

Instant Call

shall have the meaning as defined in Section 3.4

Offer

shall have the meaning as defined in Section 3.4

Payment Gate

shall have the meaning as defined in Section 4.1

Platform 

shall have the meaning as defined in Section 1.1

Privacy Policy

shall have the meaning as defined in Section 8.4

Professional 

shall have the meaning as defined in Section 1.1

Provider

shall have the meaning as defined in Section 1.3

Scheduled Call

shall have the meaning as defined in Section 3.4

Services Agreement

shall have the meaning as defined in Section 3.5

Service Fees

shall have the meaning as defined in Section 4.1

Student

shall have the meaning as defined in Section 1.1

Terms of Use

means these Terms of Use for Students

Video-Recordings

shall have the meaning as defined in Section 8.1

Wallet

shall have the meaning as defined in Section 4.5


3. Use of the Platform / Blabu Account


3.1 The Student accesses the Platform and the Calls through his/her Blabu Account created on the Platform by filling in the required details relating to the Student. The Student agrees to fully and accurately provide the information requested when setting up the Blabu Account and to regularly update such information without undue delay of any change in any such information. 


3.2 The Student may decide at any time to request the deletion of his/her Blabu Account. In such case, the Blabu Account shall be deleted within 5 business days following the Student’s request placed in the Blabu Account settings. The Provider reserves the right to delete Blabu Account at any time in its sole and unlimited discretion, in particular, without limitation, if the Provider finds out that the Student has breached these Terms of Use or the Code of Conduct. 


3.3 Following logging in the Blabu Account the Student may interact with the Professionals on the Platform, in particular, make the Calls. 


3.4 The Provider provides for a standardized form on the Platform by means of which the Professionals place offers for the Calls addressed to the Students (Offer). When placing the Offer, the Professional shall indicate in the form the choice of available offered parametres of the Call, such as, in particular, price of the Call, time and date of the Call, the length of the Call and the topic of the Call, whereas “Scheduled Call” shall mean the Call scheduled to a certain time and date, and “Instant Call” shall mean the Call made instantly on the Platform at the time of the Student connecting with the Professional. 


3.5 By accepting the Offer for the Call by the Student, the service agreement for the relevant Call between the relevant Professional and the Student is concluded (Services Agreement). Based on the Services Agreement, the Professional agrees to make with the Student the Call having the agreed upon parameters indicated in the Offer and the Student agrees to participate in the Call and pay for the Call the fee indicated in the Offer. In case of an Instant Call, the Services Agreement with respect to the relevant instant Call is concluded once the Student has started the Call by connecting with the Professional. The Professional shall issue the invoice for the Call with the Student if so requested by such Student and deliver the same to the Student within 7 days of such request.


3.6 For avoidance of doubt, the Provider is not a party to the Services Agreement; the role of the Provider is limited to operating the Platform as set forth herein (and so enabling making the Calls between the Professional and the Student). The Provider does not represent the Student in any way. Unless otherwise explicitly set forth in these Terms of Use, the Provider only represents Professionals in (i) enabling concluding Services Agreements between the Professionals and the Students via the Platform, and (ii) enabling the Calls.


4. Fees and Payments


4.1 Access to and use of the Platform as such by the Student is free of charge, provided however, that the Student agrees to pay the corresponding fees for Calls to Professionals under Services Agreement (if any) either via a third-party operator’s online payment interface (Payment Gate) made available by the Provider on the Platform, or otherwise, subject to the Professional’s preference (Service Fees). 


4.2 Professionals are free to set the price of the Call according to their discretion. The rates set by the Professionals make part of the Offer and are shown to the Student before the Student accepts the Offer (Sections 3.4 and 3.5).


4.3 All Service Fees, for which the Professional has opted to use the Payment Gate, are indicated in USD or EUR. By accepting the Offer, the Student agrees to such Fees. By accepting the Offer, the Student shall register for the relevant Call. In case that the Professional chooses to apply the Payment Gate, the condition to the registration by the Student for the Call is the payment by the Student to the relevant Professional of the Service Fee for the Call according to the instructions available as part of accepting the Offer (which is deemed the registering for the Call).


4.4 The Provider may choose to inform - on a purely indicative, non-binding and information basis only - of conversion rates (USD / EUR / other currencies) on the Platform. (The conversion rate actually applied shall be such applied by the bank of the Student.) 


4.5 As a part of each Blabu Account, the Student may create a virtual Student’s wallet integrated in the Platform (Wallet). The Wallet exclusively serves for paying the Fees for Calls to the Professionals, should the Professional elect for the Payment Gate. Any and all information or data provided by the Student as part of setting up the Wallet (including his / her bank account or credit card details) are available to and stored by the Payment Gate operator. On the other hand, the Provider does not store and has no access to such information and data.



4.6 The Student may deposit the funds to the Wallet in accordance with the terms and conditions applied by the Payment Gate operator. The withdrawal may be subject to Payment Gate operator’s fees. If the Blabu Account is closed for any reason, any balance in the Wallet shall be returned based on the Student’s request,  by the respective Payment Gate operator pursuant to such operator’s terms. . The payout may be subject to Payment Gate operator’s fees.


4.7 The Professional may choose to offer to his / her Students certain vouchers or free credits for the Calls with the same Professional which option may be available on the Platform. In such case, the Student agrees to observe and be bound by the terms of such option provided for in the Blabu Account or in these Terms of Use, as amended from time to time.


4.8 The Provider does not provide any regulated payment services. The Provider does not receive any payment on behalf of the Professional nor does the Provider represent any Student in the processing of the payment for the Calls.


5. Rules of Conduct


5.1 During any and all Calls and at all times when using the Platform in any manner, the Student undertakes to comply with the rules specified in the code of conduct available on the Platform (Code of Conduct). By each use of the Platform, the Student agrees to be bound by the Code of Conduct. Any amendment to the Code of Conduct (Amended Code of Conduct) comes into effect upon its publication on the Platform. By each use of the Platform by the Student following the publication of the Amended Code of Conduct, the Student agrees to and accepts such Amended Code of Conduct. 


5.2 In the event of any material breach of the Code of Conduct or any Amended Code of Conduct (consisting of behaviour such as, for instance, harassment or stalking) by the Student, the Provider is entitled to immediately deactivate his/her Blabu Account. No Call or any other service can take place after the Blabu Account has been deactivated. 


5.3 The Student is entitled to use the Platform solely for the purposes of the Calls in compliance with the Terms of Use, the Code of Conduct and any other terms or codes referred to in the Terms of Use. On the other hand, the Student is prohibited to change, modify, reverse engineer, reproduce or otherwise interfere in any part of the Platform. The Provider reserves all rights with respect to any trademarks, logos, works subject to copyright, designs or any other works or subjects of intellectual property or industrial property appearing on the Platform. By providing access to the Platform, the Provider shall not provide any sort of license or a right of use of any such trademark, design, work subject to copyright, logo or any other aforementioned protected subject. 


5.4 The Student may use the Platform only as described in the Terms of Use and solely for the purposes of making the Calls. The Student is prohibited from using any contact details obtained via the Platform for any purpose other than the Calls (whereas the Calls are strictly focused on professional teaching and consulting) and from contacting any other Student outside the Platform. In particular, but without limitation, the Student shall not, whether alone or jointly with any other person or entity, whether for its own benefit or such of any other person and whether directly or indirectly, entice or endeavour to entice away from the Provider and/or the Platform any Professional and/or any Student and/or employ or enable to any third party the employment (or hiring on any basis other than employment) of any Professional. 


5.5 The Student is liable for all content featured or used by him/her during the Call. The Student shall not use the Call or any part of the Platform for any illegal purpose. The Student is responsible for ensuring that he/she does not violate the laws of any applicable jurisdiction, including but not limited to copyright, intellectual property, trademark, design, patent and related laws. The Student shall not use during the Calls any content which may be subject to intellectual property rights of any third parties without first obtaining necessary license or consent by the holder of such intellectual property rights. 


5.6 If the Provider reasonably determines that the Platform is used by the Student for any illegal or fraudulent activity or that he / she is in breach of Sections 5.1 through 5.5, then the Blabu Account of the relevant Student may be immediately deactivated. 


6. Consumer Protection


6.1 Subject to Sections 6.2 and 6.3, the Student using the Platform as consumer may cancel (i) the services provided by the Provider to the Student in connection with operating the Platform within 14 days of the date of creating the Blabu Account; and (ii) the Services Agreement within 14 days from its conclusion. 


6.2 The Student explicitly agrees and instructs (i) the Provider that the Provider starts providing its services related to operating the Platform immediately upon creating the Blabu Account (i.e. even before the expiration of the term of 14 days of the date of creating the Blabu Account); (ii) the Professional that the Professional provides the Call immediately upon conclusion of the relevant Services Agreement or any time before the lapse of 14 days of the date of the conclusion of the relevant Services Agreement, if so stated in the Offer.


6.3 The Student acknowledges that the cancellation right referred to in Section 6.1 shall not apply to services provided by the Provider and consummated within 14 days of the date of creating the Blabu Account and to services provided by the Professional and consummated within 14 days from the conclusion of the Services Agreements. 


6.4 The Provider is not party to any Services Agreement or any other contractual relationship between the Professional and the Students; therefore any consumer rights of the Student in relation to the services provided by the Professional shall be dealt with solely and directly with the Professional; the Provider is not involved in any consumer right claims relating to services provided by the Professional.


6.5 Should a dispute arise between the Professional who is an entrepreneur and the Student who is a consumer in relation to the services provided based on the Services Agreement, or between the Provider and the Student in relation to the Platform (concerning the Blabu Account), the Student is allowed to refer the dispute to the Czech Business Inspection, with registered address at Štěpánská 15, Prague 2, Czech Republic, webpage https://adr.coi.cz, being the authority for deciding consumer disputes extra judicially. All details on the possibility to solve the dispute extra judicially are stated on the web pages of the Czech Business Inspection.


7. Defective Performance


7.1 The Professional is solely liable for the performance of the services vis-à-vis the Student. The Provider bears no liability for any defective performance of any Professional under any Services Agreement, nor does he play any role in resolving any issues that have arisen therefrom.


8. Privacy, Intellectual Property and Data Protection


8.1 The Student agrees that (i) any Calls, including his/her face, voice, talk, figure as well as the environment or space in which the Student finds himself/herself during the Call and any other personal or private attributes present or visible in any way during the Calls, or any parts thereof, might be video-recorded in the Platform during such Calls (Video-Recordings); (ii) any such Video-Recordings or any parts thereof are archived at the Platform for a term of 30 days from the moment of their making; and that (iii) the Provider may use the Video-Recordings solely for the purposes of checking the compliance of the Calls with the Code of Conduct and these Terms of Use, unless agreed otherwise with the professional and the Student.



8.2 Upon creating the Blabu Account, the Student provides mainly the following information: name and surname, email address, phone, photograph, time-zone, nationality and the “about” text (if the Student chooses to provide such “about” text during the registration). This information is available to Professionals for the purposes of Services Agreements. The Professionals have also available statistics about the history of the Calls of the Student, including his / her ratings by other Professionals.


8.3 The Student hereby grants to the Provider his/her consent to show and disseminate on the Platform during the Calls his/her appearance and any and all content which is subject to authorship rights, copyright, any other intellectual or industrial property rights or personal rights of the Student or any third party and which is featured during the Calls.


8.4 Handling personal data of the Student is subject to privacy policy available on the Platform (Privacy Policy). By each use of the Platform, the Student agrees to and accepts the Privacy Policy. Any amendment to the Privacy Policy (Amended Privacy Policy) comes into effect upon its publication on the Platform. By each use of the Platform by the Student following the publication of the Amended Privacy Policy, the Student agrees to and accepts such Amended Privacy Policy. 


9. The Provider’s Role


9.1 The Provider is not a party to any Services Agreement relating to any Calls. The Provider is not responsible for the quality of the Calls, the compliance of the Professionals or the Students with the applicable regulations and with the Services Agreement, the behaviour and the performance of the Professional or the Students during the Calls or any content of the Calls featured by the Professional or the Student. Any breach of any Services Agreement or any laws by the Professional vis-à-vis the Student is the sole responsibility of the Professional.


9.2 The Provider neither bears any responsibility for any damages or losses incurred by any Student in relation to any Call. To the extent that the exclusion of liability is not permitted by the applicable laws, the Student agrees that the overall liability for damage of the Provider vis-a-vis the Student in relation to the use of the Platform by the Student shall not exceed the amount of 100 USD.


9.3 The Provider bears no liability for any hacker or other potential attacks that affect the functionality of the Platform. TheStudent explicitly agrees that the Provider is not liable to the Professional for temporary unavailability of the Platform due to Internet failures, outages, Platform upgrades or other similar situations.


9.4 The Students shall be liable for loss or damage incurred by the Provider as a consequence of any unlawful interference with the Platform and/or of any breach of the Terms of Use, and/or the Code of Conduct and/or Privacy Policy and/or any other terms referred to herein.


9.5 The Student shall indemnify, defend and hold harmless the Provider from and against all damages, losses or claims arising out of or related to any their use of the Platform and related to any breach of the Terms of Use, the Code of Conduct or the Privacy Policy. 


10. Applicable law


10.1 The Terms of Use and any Services Agreement shall be governed by Czech laws. The Terms of Use make an integral part of any Services Agreement.


10.2 If any of the provisions of the Terms of Use is or becomes invalid or ineffective, the invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision in relation to only a specific person or entity is without prejudice to the validity and effectiveness of such provisions in relation to other persons or entities.

 
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