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Article I- Acceptance of Terms of Use

1. These general terms and conditions (hereinafter referred to as the "Conditions") define the terms under which the service of Wallforever.org operated by Luis Fernando Florez V, with registered office in Tuchorazská 422/1, 10800 Prague 10, Czech Republic company identification number: IČO: 693 186 20 DIČ: CZ 6704162509 (hereinafter referred to as "WallForever") is used. It regulates the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as "Service Agreement"), concluded between WallForever as an entrepreneur and the user as a consumer (hereinafter referred to as "User") through a website or application operated by WallForever.

2. The user can be a natural or legal person and agree that the Services on the website are not directed or intended to be used by anyone under the age of 13. By using the Services, the User declares and guarantees that he/she is at least 13 years old. If you are under 13 years of age, you may not, under any circumstances or for any reason, use the Services. However, the aforementioned, if the User is a resident of the European Union, United Kingdom, Norway, Iceland or Liechtenstein, the User must be at least 16 years of age to use the Services. You are solely responsible for ensuring that these Terms comply with all applicable laws, and your right to use the Services is revoked whenever these Terms or your use of the Services conflict with any law. If you do not agree to the updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be considered as your acceptance of any revisions.

 

3. The legal relations between WallForever and the User that are not expressly regulated by these Terms are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, Act No. 634/1992 Coll. on Consumer Protection, Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and related regulations. At the same time, this legal relationship is subject to all European Union legislation.

 

4. This Terms of Service Agreement (together with Wall forever’s Privacy Policy) governs your access to and use of www.wallforever.org ("Website") and all other products, services, features, content or applications that link to these Terms (together with the Website, the "Services") offered by Wallforever.org.

Please read these Terms completely and carefully before using the Services, as these Terms form a legally binding contract between you and Wallforever for your use of the Services.

By using the Services you agree to be bound by these Terms. From time to time, we may modify or update these Terms, effective from the time they are posted via the Services. If you use the Services after such a change, you accept these Terms as modified.

In other words: by using anything offered by WallForever, you automatically accept this legal agreement. You also accept any updated version of this agreement by continuing to use the Services. You are expected to check this page from time to time to keep track of any changes, as they are binding on you.

Only these General Terms and Conditions apply exclusively. We do not accept any different terms and conditions of business set by the User.

Article II - Description of the extent of services

Description of the Virtual Space

The Virtual Space is an online altar where the user can venerate their deceased. It creates a spiritual approach between the memories of the deceased and the user in a creative and stimulating development that inspires the user to a feeling of assimilating the loss and maximizing the personal emotional pain. It is designed to facilitate a strategic daily connection with the sacred and its spirituality, being a space where the user will be able to place everything he wants to venerate and remember as sacred every day, oriented to the usual rituals based on the user's beliefs to improve his levels of emotional well-being, to achieve his personal goals and to reach spiritual harmony.

Relation between the Virtual Space and the User

The Virtual Spaces in the Wallforever.com website offer a means to manifest feelings towards loved ones who have passed away by helping its Users in the task of accepting the loss, but we must not forget that grief for each human being is a painful experience that each person faces in a unique way and can become a biological, psychological, social, family and spiritual pain. Despite this, your interactions with the Virtual Space are not intended to be a substitute for family, social support, a network of friends, or a stimulus to change healthy living habits, etc., which act as protectors or facilitators of that painful experience, much less to replace professional medical care advice, diagnosis or treatment. The services provided through the Wallforever.com platform are not a substitute for therapy if needed, and do not prevent, cure or treat any mental disorder or medical illness. You acknowledge that you may terminate or interrupt the connection, visits, registration, and everything related to your Virtual Space at any time.

The Services provided by the Wallforever platform comprise a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education, free time and others. You accept that deciding how to handle these problems, incorporating the principles learned in those areas and implementing options is your sole responsibility.

 

 

Description of Services

Wallforever's Services are resources understood as:

  1.  Recommendations to overcome a normal grief, in a therapy based on the normal stages of a grief.

    1. First accepting the reality of the loss

    2.  Secondly dealing with the emotions and pain of the loss.

    3.  Thirdly, adapting to the absence of the loved one

    4.  To maintain the memories of the deceased emotionally and to continue to live

 

2.  Comments within the platform aimed at communication between Users, shared in a digital way, as a whole aimed at offering practical support and relief responses based on the experience of the same Users to the most common emotional problems among those suffering the loss of a loved one. The aim of these services is to advise users and inspire them to incorporate behavioral, character, psychological and cognitive habits through the information received from the community of users within the platform, all of which is aimed at enabling mourners to continue with their daily lives in a healthy manner.

3. The service of the offerings within the platform Wallforever.com have the function of a psychotherapeutic strategy for the Users who have experienced the loss of their loved ones and who carry out diverse activities or rituals that are based on the practices of their spiritual or religious beliefs, since the rituals and offerings within the platform have an emotional value as they allow the Users to manifest themselves in the virtual spaces of their deceased loved ones, their feelings, generosity, sensitivity, compassion and emotions in an atmosphere of trust and faith, making each offering meaningful to the User, achieving a positive result in the way of evaluating the enjoyment of life without the loved one who has died.

The content of the Wallforever.com Services is not intended to be a substitute for the advice, diagnosis or treatment of a doctor or other health care professional. Always seek the advice of your doctor or psychologist if after a few months or possibly years you still have the same emotional symptoms and may even be suffering from psychopathological disorders. Never ignore professional medical advice or delay in seeking it because of something you have executed or read in WallForever.com Services.

By using the services of Wallforever, you acknowledge and accept that you are solely responsible for the use of these services, the web, advice among the community through the community forums and the connections you make and that, to the extent permitted by law, ALL THIS USE IS AT YOUR OWN EXCLUSIVE RISK.

Explanation of the basic terms.

1. For the purposes of these Terms, the Service means in particular the possibility for the User to pay for the service of presentation in a virtual space in the WallForever database, the profile of a close person who has passed away and to maintain access to the digitized electronic content and to be used as a place where he can express his feelings, worship, visit and offer his digital offerings to his deceased loved one.

2.  For the purposes of these Conditions, a virtual space means an accessible work converted into an electronic data file, in the following formats: JPG, Text format. The virtual space can be requested in the web interface or application of WallForever, pay the price of the item in the shop of the website, then the WallForever team will upload all the data provided by the User regarding the deceased in the data base of WallForever and create the virtual space for the deceased for which the user has purchased the virtual space. The virtual space will be visible on the WallForever.org website within a maximum of 24 hours from the confirmation of the payment of the article and the user will be notified by email that the presentation of his product is available and that it is visible to the User and visitors of the website by means of an electronic device (computer or mobile phone).

3.  For the purposes of these Conditions, virtual offering (items for sale in the e-shop of the website) means a file in JPG or GIF format that can only be displayed in the virtual space, exercising a representation of offering to the profiles of the deceased displayed on the website for a certain period of time agreed upon at the time of purchase of the item. The virtual offering can be requested in the web interface or application of WallForever, pay the price of the article in the website store, then it will be uploaded in the virtual space of the deceased which the user has offered, by the WallForever team within a maximum of 24 hours from the confirmation of the payment, and the user will be notified by email of the disposition of the presentation of his product on the WallForever.org website, the offering being visible to the user and visitors of the website in the virtual space of the deceased which the user has offered his purchase. Visible on an electronic device (computer or mobile phone).

4.  Application for the purposes of these Conditions means a mobile application operated by WallForever called wallforever.app.

5. Web interface for the purposes of these Conditions means the website www.wallforever.org (hereinafter also ("Web Interface" or "Web").

Article III - Social DRM and restrictions on the dissemination of electronic content

1. User acknowledges that the legal terms of service for electronic content and the scope of use of electronic content are technically limited through the so-called social DRM (digital rights management), as a technical method to control or restrict the use of electronic content; the aim is to ensure the use of electronic content also in accordance with copyright and license conditions related to electronic content. Each Electronic Content presented on the Website contains the User's identification data and the commercial transaction number he or she requested for this service. The legal conditions of the service, as well as the methods of use, may differ for individual types of service.

2. The user may not use the electronic content for any illegal purpose. The user acknowledges that by using the service and paying for the display of the products purchased on the website, that the electronic content is the intellectual property of WallForever and that he will be the only one entitled to manipulate, work and display the article on the website, it is not transferred and these are specific elements only for use within the WallForever website. All the components of the Electronic Content are licensed, not sold, and this license is not exclusive to the purchase of the article.

3. The user does not have the right to reproduce, distribute, rent, lend, display, communicate, communicate to the public or provide the electronic content to third parties in any way. User has no right to change the electronic content, or interfere with or combine it with another work, or transfer it to another form or website. The user does not have the right to use the item in a commercial way.

4. The User does not have the right to circumvent the technical means of copyright protection for Electronic Content, which is considered an interference with copyright, in accordance with the provisions of Section 43, Paragraph 1 of Act No. 121/2000 Coll. on Copyright (hereinafter referred to as "Copyright Act"). In its amended and unamended version.

Article IV- User account

1. To request the Service, the User must be properly registered (hereinafter the "User Account"). The User is registered on the first purchase on the website or in the application. The User is obliged to provide correct and true data and update it in case of any changes. The user is obliged to complete all the data required by WallForever necessary for registration.

2. WallForever reserves the right to work with the user's data provided during registration. Specifically, these personal data and the number of the commercial transaction are entered in the relevant Electronic Content.

3. The user account is protected with a user name and password. The User is obligated to keep the User's account information confidential. You are not authorized to allow others to use your user account. WallForever is not responsible for the breach of this obligation by the user.

4. A properly registered User has the right to participate and interact in the blogs or topics of his/her interest published by the community on the Website. WallForever has the right to moderate them and exercise revisions due to violations of legality and morality.

Article V - Conclusion of a contract for the provision of and access to electronic content (display)

1. To request the service, the user inserts the selected electronic content into the shopping cart. The order is created by selecting the payment method and confirming the function marked "Continue" with the information that the order requires for payment of the requested service. When the order is placed, WallForever works with the User's data already provided during registration. WallForever considers these data as correct and the User is responsible for their accuracy. After the redirection to the payment gateway, and confirming the purchase by making the corresponding payment, WallForever will immediately send to the User's email address a confirmation of acceptance of the order (order acceptance), which contains the order number, the name and specification of the service, the price information, Wall Forever’s contact details and other information.

By paying for the product in the web shop, the User confirms and accepts Wall Forever’s Terms and Conditions for the provision of services, respectively a contract for the provision of electronic content not supplied on a tangible medium.

2. The presentation on the Website of the Electronic Content is provided to the User for a certain period relevant to the description of the items, period from the presentation of the Electronic Content on the Website (guaranteed exposure period). After this time, the presentation of the product on the Website may be terminated without prior notice and without the possibility and right to withdraw the Electronic Content by the User.

3. An unsatisfied order may be cancelled by sending an e-mail to wallforever@email.cz within 24 hours after placing the order. If the User does not pay for the order or cancels it himself, the order will be automatically cancelled in accordance with point 2 of Article VI of the Conditions. If your order has already been paid for, we will return the money to the account from which you paid it within 14 days at the latest. In the case of payment by credit card (VISA, MasterCard), this period may be extended due to the bank's procedure for refunding credit card payments. At the same time, we reserve the right to cancel the order, if we are unable to deliver the Service to you due to unavailability (withdrawal of offer). We will inform you by e-mail about the cancellation of the order without delay. In case of the payment of the purchase price or part of it, the funds will be returned to you within 14 days to the account from which you paid, unless we agree otherwise.

4. After the payment of the Service, WallForever will expose the electronic content within a maximum period of 24 hours in the Virtual Space specified by the User in the purchase. The user takes care of the electronic content after making it available. The available electronic content is archived in the Library section, to which only the User who logged in to his/her account has access.

5. As soon as the Electronic Content is made available to the Users in a display mode on the Website, Wall Forever’s obligations are considered to have been properly fulfilled.

6. WallForever reserves the right to change, suspend or cancel the Service or its individual components at any time. WallForever has no obligations towards the User in case he/she decides to exercise this right.

Article VI - Provision of services and their price

1. All the Services offered by WallForever are listed with the price, including the value added tax (hereinafter referred to as "VAT").

2. The user is obliged to verify his order and all the information provided therein. The operator cannot be held responsible for damages resulting from errors or incorrect information.

3. In case of incorrect billing by WallForever, the User has the right to claim payment. This complaint must be notified in writing to WallForever within 30 days from the moment of the incorrect billing of the payment.

4. The offer of Services and their prices remain valid as long as they are displayed in the Web Interface and/or in the Application. The price of the Service refers to the moment of payment, not to the moment of adding it to the cart. Promotional prices are valid until the date indicated in the title details. Additional discounts provided in addition to the discounts listed for individual Services on our website are not combinable with each other. 

Article VII - Payment methods

1. Prices are in Euros. Payment will be made on the wallforever.org website by the User through whom the Service is requested, using one of the following payment methods:

a) Credit or debit card

b) Bank transfer

C) PayPal

2. The User's order must be paid at the time the shopping cart asks to send the payment. For the avoidance of doubt, the funds must be in the WallForever account within the specified period. If this is not done, the order will be cancelled.

3. In case of incorrect billing by WallForever, the User has the right to claim payment. This complaint must be notified in writing to WallForever within 30 days from the moment of the incorrect billing of the payment.

4. WallForever is obliged to issue the User with a tax document for the amount paid for the payment properly paid. The tax document will be sent by email to the user.

Article VIII - Defective performance, complaints and out-of-court settlement of disputes

1. In the case of Electronic Content, a statement that the User did not know it was Electronic Content is not considered grounds for a complaint.

2. The User has the right to file a complaint about defective Electronic Content in accordance with the provisions of § 2165 of the Civil Code.

3. If the User exercises the right derived from a deficient performance, WallForever will confirm in writing when the right has been exercised. Communication by email is also considered to be a written form.

4. The user has the right to complain about the Electronic Content in the following cases:

a)  Paid for the Electronic Content (virtual space or offerings) and does not see it presented on the Website

b) After viewing the Electronic Content on the web, you find that the file contains a different electronic item than the one you originally ordered

5. The deadline for claiming the Electronic Content in the above cases is set by law at 30 days. This period starts from the date of accreditation of the payment of the electronic product, meaning, also as the assignment of the display of the product on the website.

6. As soon as the User discovers a defect, he/she must notify WallForever without undue delay so that the given Electronic Content can be examined. If the complaint is justified, WallForever is obliged to immediately repair the defective Electronic Content or return the money paid to the user, within the legal period. The same means of payment will be used to return the payments that were used to complete the initial transaction, unless the user specifies otherwise. In any case, User will not incur any additional costs.

7. User may complain in writing to wallforever@email.cz

The complaint must contain the complainant's name, email address, order number and the exact reason for the complaint.

8.  Out-of-court settlement of consumer disputes (ADR)

In case a consumer dispute arises between WallForever and the consumer under a service contract, which cannot be resolved by mutual agreement, the Consumer may submit a proposal for the out-of-court settlement of such a dispute to a designated out-of-court consumer dispute settlement, which is the Central Czech Trade Inspection - ADR Department Štěpánská 15 120 00 Prague 2. E-mail: adr@coi.cz Web: adr.coi.cz

The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/

 

Article IX - Responsibility

1. WallForever is not responsible for service defects that arise as a result of third party interventions in the functionality of the Portal or the user account or as a result of using the Portal or the user account against its purpose.

2. WallForever is not responsible for the functionality of the User's data network, the functionality of the public data network, the functionality of the User's hardware equipment, the status of the User's software and any intervention of third parties in the User's software.

3. WallForever has the right to entrust third parties and persons used to fulfill the obligation to provide part or all of the range of services. However, this should not be to the detriment of the quality of the services provided to the User.

4. WallForever blocks the user's data if it learns that the data is incorrect. However, WallForever cannot accept any responsibility or guarantee for such third party data.

5. WallForever guarantees the availability of services during the entire calendar year. The availability of the services does not include service interruptions not affected by WallForever, caused, for example, by necessary maintenance, major force or technical failures of the Internet.

6. We reserve the right to withdraw or modify this website, and any service or material we provide on the website, at our exclusive discretion and without prior notice. We will not be responsible if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the whole Website, to users, including registered users.

7. The User is responsible for any breach of these Terms.

8. The User is responsible for any activity that is considered an illegal interference with copyright, in accordance with Act No. 121/2000 Coll. the Copyright Act, as amended.

9. The Operator is not responsible for the unavailability of the WallForever website, especially with regard to the necessary maintenance of Wall Forever’s hardware and software equipment.

10. To make all necessary arrangements for access to the website.

11. To access the website or some of the resources it offers, it is possible that you will be asked to provide certain registration details or other information. It is a condition of your use of the website that all information you provide on the website is correct, current and complete. You agree that all information you provide to register on this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you agree to any actions we take with respect to your information consistent with our Privacy Policy. For citizens of the European Economic Area, please learn how you can exercise your data subject rights here.

Article. X- Rescission of the contract for the provision of services.

1. The User is informed that he/she does not have the right to terminate the contract:

a) About the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior and express consent of the Consumer before the expiration of the termination period and of WallForever that in such case he has no right of withdrawal.

(b) On the provision of services, if they have been delivered with its prior express consent before the expiry of the withdrawal period and WallForever has informed the Consumer before the conclusion of the contract that in such a case it does not have a right of withdrawal.

Article XI - Requests

1. By using the Application, these Terms are extended by the Commercial and License Terms of the Application.

Article XII - Final Provisions

1. The rights of the User arising from these Conditions are automatically terminated without notice if the User fails to comply with any provision of the Conditions. In case of such termination, the User must terminate any use of the Service or Electronic Content and WallForever may prevent the User from accessing the Service or its individual parts, and/or the Electronic Content without any right to a refund to the User.

2. The legal relations between WallForever and the User are governed by the current legal regulations of the Czech Republic, excluding any contradictory provisions. In cases of dispute, the competent courts of the Czech Republic have jurisdiction.

3. If any provision of these License Terms is or becomes invalid or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

4. These conditions are valid from 1.06.2020

 

 

Terms and conditions

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