Business Terms and Conditions
These license and general business terms and conditions (hereinafter “GBTC”) of masterclass.kacofilms.com website, operated by Martin Kacvinský, with the registered office at Merhautova 5a, 61300 Brno, a natural person registered in the trade license register, ID number: 88768392 – non-VAT payer (hereinafter “Seller”), regulate mutual rights and obligations of the parties between the “Seller” and a natural person who is located in the Czech Republic at the moment of service provision (hereinafter “Purchaser”) via “Seller´s” masterclass.kacofilms.com internet store. The “Seller” operates the internet store on masterclass.kacofilms.com (hereinafter "Website").
Contact data
Name of e-store: masterclass.kacofilms.com
Operator: Martin Kacvinský
Registered office: Merhautova 5a, 61300 Brno
ID: 88768392
Email: [email protected]
Incorporated in the trade license register of the municipal authority.
Bank Account number: 2005277032/3030
Name of bank: Airbank
1. Basic information
I developed all products sold via the e-store and consequently, they are protected by copyright law. I do not sell any physical goods, only digital products. E-store website communication is secured via HTTPS protocol and its content is encrypted. You can pay via Stripe or PayPal payment gateway.
Information about goods and price is binding and final. I am not a VAT payer and I am not obliged to keep EET (Registration of Sales).
By placing an order, the purchaser confirms that he has read and agrees to these GBTC, as amended and effective at the time of placing an order.
As a Seller, I may amend or supplement the GBTC. This provision does not affect the rights and obligations arising during the term of effect of the previous version of the GBTC. The Purchaser acknowledges that he will not be notified of amendments to the GBTC and it is his responsibility to read the current version of the GBTC each time before he uses this website.
2. Payment and delivery
You may pay via Stripe or Paypal payment gateway.
Payment is free and no registration is required. You pay with a card. Payments are immediately processed and you can therefore instantly use products.
After your payment is credited to your account, you will receive an automatic invoice by e-mail. If you need a tax document, send your VAT ID to [email protected] and I will edit the invoice. Tutorial videos are only available online on the Thinkific server. Videos cannot be downloaded to your computer. Text attachments are in PDF format. LUTs are in CUBE format.
The Purchaser can watch training courses online, even repeatedly, unless it is (in exceptional cases) prevented by legal conditions for the protection of these products, especially with regard to copyright protection against unauthorized reproduction.
Apart from the right to personally use the work, the Purchaser is not entitled to use the work in any other way. The Purchaser thus acknowledges, in particular, he is not entitled to change, distribute, communicate to the public, lend or lease the work. By purchasing the products, the Purchaser acquires no rights to use registered trademarks, trade names, company logos or contractual partners of the Seller.
3. Personal data processing
4. Registration and purchase
Purchase requires registration.
Registration:
The Purchaser provides the required data and chooses a password. Only the Purchaser knows the password. If the Purchaser forgets his password or cannot log in, he will use a link to reset a forgotten password. After entering the email, a new password will be sent to the email provided during registration. The new password can be changed in Purchaser's account settings after logging in.
The Purchaser uses two fields on the My Account page to sign in. On this page, he will enter his email and a password chosen during registration. The Purchaser is advised to maintain confidentiality regarding information necessary to access their user accounts. The Seller is not liable for breach of this obligation by the Purchaser. The Purchaser is not entitled to allow third parties to use his account.
The Purchaser can change data, passwords, view orders, download products, etc. in his account setting on the same page after logging in.
If the Purchaser wants to buy a product, he chooses the relevant item on the website and clicks the Add to Cart button. Once he has selected all the products he is interested in and wants to pay, he clicks the Cart button and then the Go to Checkout button. After checking/filling out all the required data, he clicks the Order button. After his payment has been credited, the Purchaser is granted access to instructional videos.
When registering on the portal, the Purchaser is obliged to state all data correctly and truthfully. If registration data has changed, the Purchaser is obliged to update it before he uses services that require registration. Knowingly providing false, incorrect, or incomplete information may be punished in accordance with applicable law, including criminal law.
Access to the user account is secured by a username (email) and a password.
The Seller may cancel the user account if the Purchaser violates his obligations arising from these GBTC. The Seller may in particular cancel the account in case of infringement of Seller´s copyright when the Purchaser publishes e-books or other products on other Internet repositories.
The Purchaser acknowledges that the user account may not be available 24/7, due to necessary maintenance of Seller´s hardware and software. The Seller is not obliged to notify the Purchaser of scheduled maintenance.
5. Cancellation of order and withdrawal from the contract
The Purchaser acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods, which have been customized according to Purchaser´s instructions or personalized; from a purchase contract for the delivery of perishable goods as well as goods, which have been irreversibly mixed with other goods after supply; from a purchase contract for the supply of goods in a sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons; and from a purchase contract for the supply of audio or video recording or a computer program whose packaging was unsealed by the Purchaser.
The products that I sell on the e-store as a Seller is in digital form. These General Business Terms and Conditions do not allow, in line with Section 1837 of Act No. 89/2012, the Civil Code, as amended, to refund any payments already received from the Purchaser after an order has been completed. The Seller allows the Purchaser to make a qualified decision whether to buy a certain product in the form of the product description, attached pictures or videos, based on the Seller's experience in the industry, etc.
6.Claims
The Purchaser can file claims at [email protected].
The Seller will solve a claim as soon as possible, maximally in 30 days.
7. Claim process
The Purchaser files a claim by sending an email with the following information:
a) product name
b) description of defects – problem discovered by the Purchaser
The Purchaser will await a decision – the Seller will let him know that he has accepted the complaint and inform him on the related procedure within two working days from the submission of the claim. The Seller will decide on the claim no later than 30 days from the delivery of the e-mail and will send his decision to the Purchaser to the address specified by the Purchaser during registration.
Refund or removal of a defect - If the Seller acknowledges the claim is justified, he will remove the defect without delay. If removal is not possible, the Seller will refund the purchase price to the Buyer within 5 working days after a decision has been made. Money will be refunded to the bank account number immediately requested from the Purchaser.
The Seller keeps records of all claims. Records can be provided (in electronic form) upon request.
8. Out-of-court settlement
In the event of a dispute which cannot be settled directly between the parties, the consumer will receive this information in paper form or on a permanent data carrier.
If out-of-court settlement is initiated, the Seller is obliged to provide a written statement within 15 business days following receipt of notice of out-of-court settlement.
The Seller is obliged to cooperate closely and provide the CTIA with cooperation necessary to efficiently resolve a consumer dispute.
9. License
The "Seller" grants the "Purchaser" non-exclusive, single-user license unlimited in terms of time and territory. A single-user license means only one person can use the product. Please be aware that the content from this "Website" is watermarked on each page, with the name of the recipient and the user identification number. This watermark also reaffirms that report sharing is not allowed.
10. Intellectual property protection
All content is protected in accordance with copyright and other intellectual property laws and is solely performed by "Seller" or its licensors. Making the Service available to the User does not give rise to any rights in connection with the capture, display, reproduction, and distribution of the image, likeness, images, and video and audio recordings of the person (s) appearing in the digital content made available within the Services, or their names, surnames, academic title, including their processing and inclusion in an audiovisual work or for other marketing purposes. Any such use is possible only with the express consent of the authorized persons or in accordance with applicable law.
The user may not use the content of the purchased course or part thereof other than for his own use. In particular, it is forbidden for the User to use this course or its part in the form of distribution and copying or other technical processing without the demonstrable consent of the "seller".
Intellectual Property Rights
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by "Seller" from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of "Seller", our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by "Seller".
11. Unlawful User behavior
Unlawful or unauthorized activities include without limitation the following:
- The modification, adaptation or decryption of any part of this "Website", including Services and its downloading onto any Device;
- The use of an automatic application, search engine, search or decrypting program or any other application with which the Service or any part thereof can be accessed, modified, or indexed;
- Hacking or attempted hacking into the IT system related to "Website", including Services;
- Creating user identifiers by means of automatic or fraudulent methods.
12. Final provisions
If any provision of the General Business Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a provision whose meaning is as close as possible to the invalid provision. Invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.
The Seller will archive the purchase contract including the business terms and conditions in electronic form and it will not be accessible.