TERMS AND CONDITIONS

  1. Preamble

First of all, thank you for joining our services! Hereafter you find all the important information about using Freely.

These General Terms and Conditions (“Terms and Conditions”) apply to any and all business relations between FreeDrinks s.r.o., with its registered office at Lípová 512/22, Nové Město, 120 00 Prague 2, ID No.: 074 22 164, registered in the Commercial Register administered by the Municipal Court in Prague, File No.: C 300788 („Company“), as an operator of the website freelyapp.cz, web and mobile application Freely (“Freely”) and between users of Freely, visitors of the website of the Company or other individuals or legal entities using services provided by Company (“User” or “Users”).

These Terms and Conditions are available on website freelyapp.cz

  1. Description of the offered services

Freely offers its Users the possibility to get one alcoholic or non-alcoholic drink, or eventually other products, for free or as a special offer (the “Drink”). Freely does not offer the Drink to the User directly, but through restaurants, bars or other similar facilities, that have joined Freely (“Partner bar”). Partner bars are continuously added to Freely and may be changed any time. Freely gives its Users the opportunity to get one Drink for free from one Partner bar each day of the month (the process of getting the Drink and using mobile application Freely properly is closely described on the website freelyapp.cz). This opportunity is made available to the User after a proper registration and successful payment for the membership (as it is described in the article 3 of these Terms and Conditions). Users are able to get Drink only five times per month from one same Partner bar. This means only five times during one month membership.

  1. Registration and Users Account

The Users account is a private section of the mobile application Freely, to which the User has an access with his own login data (the “Account”). These login data gets the User after registration to Freely through the mobile application Freely. The User needs to provide name and surname, e-mail address, date of birth, sex and nationality. After successful registration the Account is created and made available to the User (this process hereinafter as the “Registration”).

After Registration the User can try Freely without the necessity of paying any membership fees. More importantly, the User can get one Drink from any of our Partner bars for free without the proper membership.

The User agrees that the usage contract is not concluded with Registration. This contract of use becomes effective not before successful payment by the User and not before the confirmation e-mail is sent by Freely or Company to the e-mail address provided by the User. Contract made by this process is concluded between the Company and the User and is governed by these Term and Conditions (the “Contract”). With the effectiveness of the Contract a membership is created to the User (the “Membership”).

  1. Usage of the application and User obligations

Freely provides its Users, after getting the Membership, with the opportunity to get one Drink for free every day of the month from Freely Partner bars. Each Partner bar offers pre-determined Drinks. Users shall choose any of those Drinks. After tapping on a specific Partner bar, the possibility to redeem one of the offered Drinks will appear to the User. The chosen Drink will be given to the User after showing the screen of the mobile application to the bartender or other employee of the Partner bar. This redemption is solely on consideration of the Partner bar and the Company acts only as an intermediary agent in this contractual relationship and is not responsible for the fulfillment of the redemption of the Drink. Agreeing on this Terms and Conditions the User is acknowledged that he can not claim any claims of compensation against the Company.

The User must be at least 18 years old to use Freely. This must be explicitly confirmed during the Registration. The User also declares that all the data and information have been entered correctly and up to date.

The User shall keep his password secret and can not give third parties access to his Account. In the case of misusage of Freely or any other service provided by the Company, the Company reserves the right to block this misused Account. The User will be informed about the blocking via e-mail address provided during the Registration. In case of password loss, the User may renew his password through mobile application Freely or on the website freelyapp.cz.

The User may only have one Account at a time and is not allowed to sell the Account, transfer it or make it available to a third party. The User agrees that he is responsible for all activities that are made from his Account.

In case of any questions or problems the User can contact our support via e-mail address support@freelyapp.cz.

  1. Fees

The User has the opportunity to get the Membership after proper Registration and successful payment, as it is defined in article 3. The Membership fee (or subscription fee) is CZK 169 per month (“Fee”). With Membership, the User is able to use Freely full-fledged.

The Fee is always charged in advance for one month. Payment of the Fee is only possible by credit card and is charged on the day of conclusion of the Contract (means after creation of Membership) from a credit card of the User. The User provides following credit card data during the payment: card number, date of validity and CVV code. All the provided credit card data are processed and securely stored by company GOPAY s.r.o., with its registered office at č.p. 67, 370 01 Planá, ID No.: 260 46 768, registered in the Commercial Register maintained by the Regional Court in České Budějovice, file No.: C 11030.

Accepting these Terms and Conditions the User entitles the Company to charge the Fee automatically within repeated payments. Repeated payments are not set up before the creation of the Membership. The Fee will be charged automatically always on the same day month after the Membership creation. This means, that the created Contract is automatically renewed after one month and is concluded for indefinite period.

The maximum amount of the repeated payment is CZK 169 and the reason of creation is month subscription fee for the Freely services.

The Company reserves the right to change the Fee anytime. This also relates to the repeated payments. The User will be always informed about this change through Freely or via e-mail address provided by the User.

Fees already charged are non-refundable. The User is aware that with acceptance of these Terms and Conditions, the Company is entitled to terminate the Contract and block User’s Account due to breach of obligations according to these Terms and Conditions or without giving any reason.

The User may terminate the Contract and Membership anytime through mobile application Freely. In the personal settings the User may deactivate his Account and stop the Membership. In case of this termination the User is entitled to use Freely and the provided services until the end of a billing period.

The User is always informed about the termination of the contract.

  1. Liability

The User with accepting these Terms and Conditions waives his right to get compensation from the Company.

  1. Personal data

All the information relating to personal data and their protection are stated in the document Privacy policy, that is available on the website freelyapp.cz.

  1. Applicable law 

These Terms and Conditions are governed by law of the Czech Republic. Any disputes arising out of Contract or other services provided by Freely are decided by the local competent courts of Czech Republic. 

  1. Final provisions

The Company is entitled to change these Terms and Conditions. The User will be informed about all changes made by the Company via Freely and e-mail address provided by the User. In this case, the User has the right to reject the changes of the Terms and Conditions and terminate the Contract with a fourteen-day notice period. Notice period starts the day after the notification of disagreement with the changes was sent to e-mail address info@freelyapp.cz.

In case of renewing a Contract to the existing Account, the renewed Contract is governed by the Terms and Conditions effective as of the date of the renewed Contract.

These Terms and Conditions are valid as of 9 December 2018.

The Company is not a VAT payer.

FreeDrinks s.r.o.

Lípová 512/22, Nové Město, 120 00 Prague 2, Czech Republic

info@freelyapp.cz

© FreeDrinks s.r.o.

+420 720 145 405