Basic provisions

T-Mobile Czech Republic a.s., having its registered office at Tomíčkova 2144/1, Praha 4, registered with the Municipal Court in Prague, Section B, Insert 3787, Company Registration Number: 649 49 681, Tax Registration Number: CZ649 49 681, hereby issues the t-zones Terms and Conditions containing the rules and conditions for the use of the t-zones portal (hereinafter referred to as "T-Mobile" and "t-zones Terms").

For the purpose of these t-zones Terms, the Portal shall be understood as the internet site accessible from www.t-zones.cz ("Portal") and the wap site accessible from a mobile device at wap (only for T-Mobile customers).

The owner and provider of the t-zones internet and wap sites making up the Portal is T-Mobile, which, in accordance with Copyright Act No. 121/2000 Coll., is authorized to exercise the property rights pertaining to these internet and wap sites ("Provider"). The Provider holds the copyright to the publication of the content placed by the Provider on the Portal site, including text, design of the site, technical sketches, graphics, and all pictures on the site, as well as to the selection and method of arrangement of the files contained on the Portal site.

The rights and obligations of the Provider and users when using the Portal shall be governed by these t?zones Terms and the Rules and Terms and Conditions for the Use of the Portal www.t-mobile.cz ("Rules of the T-Mobile Portal"). In the event of any inconsistencies between these t-zones Terms and the Rules of the T-Mobile Portal, the t-zones Terms shall prevail. The terms shall apply to all persons who visit the Portal ("Users"). By accessing the Portal and using any information placed on the Portal or by registering, the User confirms having read these t-zones Terms and agrees to be bound by them. The issues not regulated by these t-zones Terms shall be governed by the Rules of the T-Mobile Portal; the issues not regulated by these t-zones Terms or Rules of the T-Mobile Portal shall be governed by the General Terms and Conditions of T-Mobile, with the exception of those which, with respect to the nature of the Portal and the t-zones service, cannot be applied.

2 Content and disclaimers

2.1 The User acknowledges that any risks for the User that may arise from use of the Portal shall be borne exclusively by the User and the Provider is not liable for such risks in any manner.

2.2 The Provider does not warrant or represent that (i) the use of the Portal or the software used in connection with the Portal ("Software") by the User will be uninterrupted or error-free or will meet the User's requirements or (ii) the use of the Portal or the Software will be fit for the purpose intended by the User or (iii) any errors in the Software will be corrected.

2.3 The Portal can be used to provide access to information, goods and services supplied by the Provider ("Provider Products"), Provider's partners ("Partner Products") and other third parties ("Third Party Products") in each case as indicated by the Provider. The Provider shall not be liable for Partner Products and Third Party Products or offers.

2.4 The User acknowledges that all content (including all information, data, text, software, music, sound, photographs, graphics, video, messages and other material) ("Content") posted, transmitted or accessed through or provided by the Provider on the Portal is the sole responsibility of its originator. The Provider is the originator only of Content provided as part of Provider Products. Any other Content downloaded or otherwise obtained through the Portal is done at the User's own discretion and risk; the User shall always use his/her discretion in whether the device the User uses to access the services of the Portal is sufficiently secured against potential risks arising from the nature of the Internet.

2.5 The User is solely responsible for any damage to the User's computer system or loss of data or any other form of loss that results from the download or reliance upon of any Content (including that supplied as a part of Provider Products). The Provider will maintain reasonable precautions against any software viruses or any other computer program designed to adversely affect, interrupt, damage, destroy or limit the functionality of any computer or telecommunications software or hardware ("Virus") but does not guarantee that the Content, the Portal or the Software will be Virus free.

2.6 The User is entirely responsible for all Content that the User accesses, uploads, emails or otherwise transmits via the Portal ("Transmit"). The Provider is not liable for loss of any Content the User Transmits and the User should keep a backup copy of all such Content.

2.7 By downloading Content to a mobile telephone device, the User acknowledges that the Provider shall not be liable for any loss of the respective Content saved in the memory of the mobile device when accepting the device for the purposes of handling a complaint, and it shall be solely at the User's discretion whether the User will make a backup copy of the Content or have it made before handing the mobile phone over for complaint handling.

2.8. In the event of a justified suspicion that the generally binding legal regulations have been breached, the Provider may, in accordance with the legal regulations in force, check the Content Transmitted by the User or, as the case may be, remove Content in the case of which this suspicion is confirmed and the User hereby agrees with the Provider doing so.

3 Evolution and up-to-dateness

3.1 The Internet in general and WAP services in particular are rapidly evolving and the Portal thus also constantly develops and is updated. The User acknowledges that the Provider cannot guarantee that the Portal or its part or any of the links it provides will be available all the time nor can the Provider accept any liability for the withdrawal or suspension of the Portal or its parts or the deletion or failure to transmit any Content.

3.2 The Provider reserves the right to withdraw, update or change the Portal at any time.

3.3 Over time the Provider intends to expand the services that the Provider offers. When the Provider introduces a new service, the Provider may impose special terms and conditions on the use of that service that shall, upon publication, become part of these t-zones Terms and shall be contained in a special section of these t-zones Terms. In the event of any inconsistency between the general section of the t-zones Terms and the special section, the applicable special section of the t-zones Terms shall prevail in respect of the individual services of the Portal.

3.4 The Provider may establish technical and other limits for the use of any part of the Portal. For example, the Provider may set maximum limits for (i) the numbers or sizes of email messages, (ii) size of the e-mail box, (iii) number of (text, e-mail, etc.) messages sent during a specific time period, and (iv) number of transactions made during a specific time period. These limits may vary over time without notice to the User.

4 Access to the Portal and registration

4.1 To use the Portal, the User must have a mobile device or another piece of equipment with access to the Internet or WAP. To register on the Portal, the User must have Internet access and must be the holder of an active T-Mobile SIM card. The User is responsible for any service and telecommunications charges and for obtaining all necessary equipment to enable such access.

4.2 As t-zones evolves certain services may require a minimum equipment or bandwidth specification or coverage by Provider's signal. The Provider will try and inform the User of these requirements but it is the User's responsibility to ensure that the User has the right equipment or signal coverage for these services at the time of access. The Provider is not liable for any failure to use the portal caused by the User's failure to do so.

4.3 Some parts of the Portal may be accessible only to Users who subscribe or register or pay a "per-use" charge. These sections of the Portal will be clearly marked.

4.4 Registration can be effected over the web site of the Portal. To register, the User must provide accurate and complete mandatory information as prompted by the registration form on the Portal or other request made by the Provider ("User Data"). If the User does not complete the mandatory information fields (optional information is marked), the User's registration will be rejected.

4.5 If any User Data changes, the User must change his/her registration details and maintain and update the User Data to keep it accurate and complete. If the Provider has reasonable grounds to suspect that any User Data is inaccurate, the Provider may suspend or terminate the User's account and access to the Portal without notice or liability.

4.6 If the User is a registered user, the Provider may, after a specific period of inactivity, prevent the User from further use of some services of the Portal; the User will always be informed of such possibility in a suitable manner in advance.

5 User's obligations

5.1 The User acknowledges that by using the Portal and accessing third-party links, the User may be exposed to Content that is sexually oriented and that may be perceived subjectively by the User as offensive, indecent or objectionable. The Provider is not responsible for any such Content and the User must use his/her own discretion as to whether or not the User may suffer harm as a result of this Content and whether the User wishes and is authorized to access this Content, i.e., particularly, whether the User is 18 or more years old or, if the User is in a country where the legal age limit is higher, whether the User complies with such a limit. The User also undertakes not to show the Content or otherwise make it accessible to persons under 18 or other persons in relation to whom this Content may be considered unlawful or offensive.

5.2 The User must not use the Portal in any way (including to Transmit any Content) that is contrary to the applicable generally binding legal regulations or these t-zones Terms or is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable, and the User agrees not to use the Portal, particularly, to:

5.2.1 Impersonate any person or misrepresent his/her identity or affiliation with any person;

5.2.2 Forge or manipulate any part of a message or Content identifier to disguise its origin;

5.2.3 Transmit any Content in breach of any generally binding legal regulations concerning, particularly, intellectual property or the right of confidentiality or business secrecy;

5.2.4 Transmit and spread any unsolicited or unauthorised advertising or promotion (including spam, chain letters, pyramid schemes) or take part in other similar activities;

5.2.5 Do anything that (i) adversely affects the provision of the Portal to or access to the Portal by a third party or (ii) interferes with the Portal or any equipment used to provide or access the Portal or (iii) breaches any requirement or procedure of any network used by the Provider.

5.2.6 Transmit any Content containing any Virus;

5.2.7 Collect or store or try to gain access to personal data about other users of the Portal;

5.2.8 Harm minors;

5.3. The User must not reproduce, duplicate, copy, sell or resell any portion of the Portal or the Content or use or exploit any part of the Portal or the Content for any commercial purposes. The User must not resell the Portal or its part or provide access to the Portal to third parties. In the event that the User provides access to his/her user account to a third party, the User shall be liable for acts of such a third party in relation to the Provider as if such acts were performed by the User.

6 Security, passwords and sign-in features

6.1 In accordance with the General Terms and Conditions of T-Mobile, the User is responsible for the security and confidentiality of his/her password and account details. The User must keep these in a safe place and must not store them on any computer or paper without appropriate protection.

6.2 The User is responsible for all activities using the User's password or account and must notify the Provider immediately if there is any disclosure or unauthorised use of his/her password or account or any other breach of security or if the User suspects any of these things. The User must ensure that he/she exits properly at the end of each session. The Provider may offer services that are chargeable. The User is responsible for paying these charges even if his/her account has been used by someone who has obtained the User's password by means other than the Provider's negligence or omission of obligations. If the User suspects that his/her password or account has been misused by anyone, the User must inform the Provider immediately (using the standard means of communication with the Provider) and change his/her password.

6.3 The Provider may offer an automatic log-in service ("Automatic Log-in") that will enable the User to log-in to the Portal using a mobile device without the need to enter his/her user name or password and/or a single sign-in service ("Single Sign-in") that will allow the User to register and access some of the existing accounts with third parties without the need to type in the user name and password. If the User chooses to use either service, the Provider recommends that the User protect his/her mobile device using a pin number.

6.4 If the User's SIM card is lost or stolen or if it is transferred to a third party without deregistering from the Portal or if the User uses Automatic Log-In or Single Sign-In, the User recognises and agrees that any person with access to his/her SIM card may be able to operate the User's account on the Portal and use other third party services and access the User's accounts as if such a party were the User and will be able to access the User's User Data, other personal data the Provider stores about the User, and Content the User has Transmitted. Before transferring the SIM card to another party or in the event that the SIM card is lost or stolen, the User must always promptly notify the Provider of this fact by telephone and proceed in accordance with the measures against the misuse of Services in accordance with the General Terms and Conditions of T-Mobile, and the Provider shall not liable for any disclosure of such data made until the User has done so.

7 Limitation of Portal use

7.1 The User acknowledges that the Provider, acting in its sole discretion, may limit or bar the User's access to the Portal or its parts or, as the case may be, terminate the User's account without any replacement, including the password and access to the Portal or its parts in the cases expressly stated in the t-zones Terms including, without limitation, (i) lack of use of Portal services or (ii) breach of the t?zones Terms, (iii) where the Provider reasonably suspects breach of the t-zones Terms by the User, (iv) lack of sufficient credit to perform the transactions charged or non-payment of the Statement of T-Mobile Services by the User, (v) limitation or interruption of the provision of services to the User in accordance with the General Terms and Conditions of T-Mobile.

7.2 Limitation of Portal use may take place without prior notice. Within the limitation of Portal use, the Provider may immediately deactivate or delete the User's account, including all related information and data and including any Content in the User's account. In such a case, the Provider may also, inter alia, bar any further access to such data, Content or the Portal by the User. The Provider shall have no liability for any Content or data or other information lost as a result of the limitation of Portal use.

7.3 The Provider may delete or otherwise remove any Content of the User or a third party in the case of a justified suspicion that the Content breaches any of the t-zones Terms.

8 Licence of Content and right to access email

8.1 The User grants the Provider a royalty-free and non-exclusive licence, unlimited in terms of territory, amount and time, with a right to grant sub-licenses to copy, reproduce, modify, adapt and publish any Content that the User places on the Portal in any format whatsoever to enable the User and others to use the Portal and provide any services requested by the User. The Portal includes areas accessible by the general public. Where the User posts Content for inclusion in any publicly accessible area, the licence set out above shall allow the Provider to place such Content on such public areas.

8.2 The User acknowledges and agrees that the Provider may copy and disclose Content: (i) to Provider's affiliated companies for the purpose of providing t-zones related services and related services, (ii) to administer the User's account, (iii) to keep records and/or (iv) as required to do so by the generally binding legal regulations.

8.3 The User acknowledges and agrees that use of the Portal may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. The Provider reserves the right to terminate the User's access to some or all parts of the Portal without notice if the User withdraws his/her consent with the t-zones Terms at any time.

8.4 The User shall ensure that it has the right to grant the licenses referred to in this Article 9.

9 Terms and conditions of personal data protection

The processing of personal data of the Users who have entered into a subscriber contract for the provision of telecommunications services with the Provider shall be governed by the General Terms and Conditions of T-Mobile.
Other Users agree that, for an indefinite period, the Provider shall process the personal data obtained using the registration form as well as other personal data obtained in connection with the use of the Portal (particularly, the name, surname, year of birth, email and postal address) for the purpose of providing services via the Portal and for Provider's commercial and marketing purposes. Other Users also agree that the Provider may send messages to Users that directly or indirectly promote the Provider's services or image. The consent with personal data processing for marketing and commercial purposes and the consent with the receipt of messages promoting the Provider's services or image may be withdrawn free of charge at any time by sending an email to info@t-mobile.cz or calling 4603. Personal data may be made accessible by the Provider in accordance with the legal regulations in force to: 1) persons who take part in the provision of Portal services; 2) persons who prepare print and other materials for the Provider (for example, for the purpose of marketing events); 3) persons verifying the User's credibility and payment history; 4) persons collecting debts for the Provider. Personal data processing shall be governed by the legal regulations in force, particularly the Personal Data Protection Act, based on which the User has the right to access and correct personal data as well as other rights as specified in Section 21 of the Personal Data Protection Act. The provision of the aforementioned personal data is voluntary, however, the Portal services may not be fully used without the provision of these data. The Provider will process Users' personal data both using automated data processing (particularly using computation technology) and manually.

10 Suppliers and third parties

10.1 Any dealings or contact with any person other than the Provider (including all advertisers, suppliers, merchants or any other third party) ("Supplier") found on or made through t-zones are solely between the User and such person.

10.2 The Provider declares and the User acknowledges that the Provider shall not be liable for any loss or damage of any kind incurred as a result or in connection with (a) any dealing with any Supplier and (b) any order made to or product or service obtained from any Supplier.

11 Proprietary rights

11.1 The Portal and the Software contain proprietary and confidential information that is protected by the applicable intellectual property regulations and other generally binding legal regulations. Except as expressly authorised by the Provider, the User agrees not to copy, modify, rent, lease, loan, sell, distribute or otherwise provide the Portal or Software at a charge or free of charge, or create derivative works based on the Portal or the Software. These Terms give no licence of any Software or Portal or their parts.

11.2 In the case that connection to the Portal is enabled via special SW or in the case that special SW is used by the User in connection with services provided within the Portal, this connection or, if applicable, use is subject to the licence conditions of such SW.

12 Liability and compensation for damage

12.1. The User acknowledges that the Provider's liability for damage and compensation for damage shall be governed by the General Terms and Conditions of T-Mobile.

12.2. Nothing in these t-zones Terms shall affect the User's statutory rights.

13 Consumer protection

The names and main characteristics of Provider Products, their price, costs of delivery, method of payment, delivery or performance and the time during which an offer or price remains valid is contained in the Provider's price list or is always concretely stated at individual Provider Products. The User may withdraw from the contract (order) within 14 days of receiving the performance, provided that the product is fully functional, complete, undamaged and it is not a product in the case of which the User may not withdraw from the consumer contract based on law (typically, these may be services related to Content, MobileBox, or other services the performance of which was commenced, with the User's consent, before the expiry of the 14-day withdrawal period, as well as services consisting in a game, delivery of goods tailor-made to fit the consumer's requirements). Within their authority and competence, the Czech Telecommunications Office and the Czech Commerce Inspection are the inspection authorities. The User may contact the Provider by sending an e-mail to the respective address listed within the contact details on this website. For complete and most recent information on specific Provider's products, services and activities, please always contact the Provider's infoline.

14 Final provisions

The t-zones Terms shall come into force and effect on the day of their publication. The moment of placing the t-zones Terms in the footer of the Portal shall be considered the moment of publication. Only the Provider may change or amend these t-zones Terms. The Provider may change the t-zones Terms at any time. The Provider shall provide information on the change of the t-zones Terms via a notification on the Portal. The User will express consent with the new text of the t-zones Terms by continuing to use the Portal.
By using the Portal and registering, the User also accepts that any and all disputes that may arise in connection with the use of the Portal or registration shall be submitted to the Provider's court having local jurisdiction in the Czech Republic and in accordance with Czech law, with the exclusion of its conflict rules. The provisions of these Terms which, for whatever reason, become unenforceable, shall be considered separable from the remaining provisions and shall not affect their validity and enforceability.

Special section

In addition to the General Section of the t-zones Terms, the rights and obligations of the Provider and Users when using the following Portal services shall also be governed by this Special Section. In the event of any inconsistencies between the General Section of the t-zones Terms and the Special Section, the applicable Special Section of the t-zones Terms shall be applied to the individual Portal services.

1. MobileBox
2. MobileBox Easy

Date of publication 8.12.2004
T-Mobile Czech Republic a.s.