RULES ON LIABILITY FOR CONTENT OF REVIEWS AND CONTRIBUTIONS
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 Group a.s., registered office: Karolinská 706/3, 186 00 Prague 8, business ID number: 07822774, tax ID number: CZ07822774, 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”). These Reviews TaC apply only to persons that are subject to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter the “DSA”) and certain types of restrictions concerning content.
1.2. These Reviews TaC do not establish any contractual relationship between the Operator and a User and do 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 registered at the Portal to input through a user account 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. The Operator is not obligated to supervise the content of Reviews or actively search for facts and circumstances indicating the unlawful nature of Reviews .
2.3. The Operator is liable for the contents of Reviews only in the following cases:
2.3.1. if it has specific knowledge of the unlawful nature of a Review or the unlawful conduct of a User and, with respect to a claim for damages, is aware of facts or circumstances from which the unlawful activity or unlawful nature of a Review is apparent; or
2.3.2. if it demonstrably learned of the unlawful nature of a Review or of the unlawful conduct of a User and did not promptly take all steps that could be required of it to remove an unlawful Review or make it unavailable.
2.4. 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 2.3.1. is not applicable in practice in the case of the Portal. The Operator can be liable in accordance with Article 2.3.2., if the conditions in accordance with Article 3 of these Reviews TaC are met.
2.5. 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 restricting 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. Potential termination of the Contract with the Retailer who the Reviews apply to, has no effect on continued display of Reviews saved to the Portal. However, the Operator will remove all the Retailer’s identification data from the Review, with the exception of the name under which it was active on the Portal.
3.2. Anybody is entitled to send the Operator a notification of the unlawful nature of a Review (hereinafter a “Notification”). Notifications must contain information sufficient so that the Operator, in accordance with Article 2.3 .2. of these Terms and Conditions, demonstrably learns of the unlawful nature of a Review or its incompatibility with the Operator’s contractual terms and conditions, where the following information must result from it:
3.2.1. i dentification of the Review, including clear information about the exact electronic location of the Review (e.g. the exact uniform URL or URL);
3.2.2. r easoning for the unlawful nature of the Review;
3.2.3. t he name of the Notifier and its e-mail address;
3.2.4. a declaration confirming that the Notifier believes in good faith that the information and claims contained in the Notification are precise and complete.
3.3. Notifications may be sent to the Operator via the notification system, which means the web form available on the Operator's web interface under the "Report Illegal Content" button.
3.4. If a Notification does not meet all the requisites in accordance with Art. 3.2.1, Art. 3.2.2 or Art. 3.2.4, the Operator will call on the Notifier to supplement the missing requisites. After the supplementation of the missing requisites by the Notifier, the Operator proceeds in accordance with Art. 3.4.
3.5. After the delivery of a Notification containing all the requisites in accordance with Art. 3.2, the Operator will assess through a human review the notified unlawfulness of the Review.
3.6. In connection with the result of the evaluation in accordance with Art. 3.4, it will take a decision (hereinafter a “Decision”) consisting of:
3.6.1 adopting measures consisting of removal of the Review (hereinafter referred to as a “Restriction”); or
3.6.2 refusing to adopt a Restriction.
3.7. A Decision together with the reasoning will be sent to the Notifier to his/her/its e-mail address notified to the Operator in accordance with Art. 3.2.3 and to the User that published the Review, to the e-mail address stated in the user account (the Notifier and the User that published the Review are hereinafter each referred to as an “Affected Entity”).
3.8. The Operator will adopt a Restriction consisting of the removal of a Review in the event that the Review is unlawful or incompatible with the Operator’s contractual terms and conditions.
3.9. The Operator is entitled to adopt a Restriction also in the event that, without a proposal from a Notifier, it ascertains that a Review is unlawful or incompatible with the Operator’s contractual terms and conditions. In such an event the procedure in accordance with Art. 3.6 et seq. will be applied, as appropriate, in this case.
4. submission of complaints
4.1. If an Affected Entity does not agree with a Decision that was delivered to him/her/it, the Affected Entity is entitled to submit a complaint against the Decision (hereinafter a “Complaint”), via the e-mail from which the Decision was delivered.
4.2. The Affected Entity is entitled to submit a Complaint within 6 months of the day of the delivery of a Decision.
4.3. The Operator will cancel a Decision against which a Complaint is submitted if:
4.3.1. the Complaint contains sufficient reasons for the Operator to reach the conclusion that the Decision not to take any steps based on the Notification is unjustified; or
4.3.2. the information that the Complaint concerns is not unlawful or incompatible with the Operator’s contractual terms and conditions;
4.3.3. the Complaint contains information that indicates that the complainant’s actions do not justify the measure adopted.
4.4. The Operator shall, without undue delay, inform the Affected Entity that submitted the Complaint of its reasoned decision on the information that the Complaint concerns and of the options for out-of-court dispute resolution in accordance with Art. 5.
5. out-of-court dispute resolution
5.1. If an Affected Entity does not agree with a Decision or if a Complaint is not dealt with after it was submitted using the procedure in accordance with Art. 4, he/she/it is entitled to refer the matter to an entity for out-of-court dispute resolution using the procedure in accordance with Art. 5.
5.2. Every entity certified for out-of-court dispute resolution by the Czech Telecommunication Office is an entity entitled to resolve disputes between the Operator and an Affected Entity.
5.3. Unless legal regulations provide otherwise, the Operator will cooperate with a certified entity for dispute resolution.
5.4. Decisions issued by entities certified for out-of-court dispute resolution are not binding on the Operator.
5.5. The procedure for making a request for out-of-court dispute resolution is not set at this time.
6. final provisions
6.1. These Reviews 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.
6.2. 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 Reviews TaC, 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, and the DSA.
6.3. 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.
6.4. This text of the Reviews TaC comes into effect on 5 March 2024.