1. DEFINITIONS AND INTERPRETATIVE RULES
1.1 To the extent that they do not contradict each other, these Terms of Use are subject to the definitions and rules of interpretation set out in Article 1 of the Terms and Conditions (General Terms and Conditions of the “HRON” Attendance System) available on the Website www.hron.tech or on the HRON Mobile App.
1.2 For the purposes of these Terms of Use, the following terms shall have the following meanings:
a) “Terms of Use ” – these HRON Terms of Use which govern the rights and obligations between the Operator and the Visitor when conducting any interactions through the Access Point;
b) “Operator ” – PANTHEON.tech s.r.o. with its registered office at Mlynské nivy 56 821 05 Bratislava, ID No.: 35 821 779, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Insert No.: 25072/B, as the operator of the Attendance System of the Website and the HRON Mobile Application. For the avoidance of any doubt, the Supplier within the meaning of the Terms and Conditions is the same entity as the Operator within the meaning of these Terms and Conditions of Use;
c) “Visitor ” – in accordance with Article 1 of the Terms and Conditions, a Visitor is any natural or legal person who interacts through the Access Point, in particular who views the Website or the Mobile Application or any other online offer or uses telephone support or any other access point designated by the Supplier in connection with the Attendance System. A visitor is also any natural or legal person who enters the address of the Website in the command line of a standard internet browser and the content of the Website is displayed or is redirected to the content of the Attendance System from an internet search service environment or from another website and the content of the website is displayed. Visitor also means a person using the HRON mobile application;
d) “Access Point ” – the HRON Attendance System, including the User Account Website Mobile Application or any other content offering or interface of the Operator relating to the Attendance System online or telephone support or any other access point designated by the Operator in connection with the Attendance System or the provision of the Services under the Contract or the Terms and Conditions.
2. INTRODUCTORY PROVISIONS
2.1 These Terms of Use shall apply to each Visitor interacting with or using the Access Point, regardless of whether they are merely browsing the Website, the Mobile Application or any other offer of the Operator relating to the Attendance System online or using telephone support or any other access point designated by the Operator in connection with the Attendance System and are not using any of the Operator’s services or are not being provided by the Operator with a performance under the Contract or other performance under the Terms and Conditions. At the same time, these Terms of Use also apply mutatis mutandis to the use of the Attendance System of the Website or the Mobile Application in connection with the provision of services under the Contract or other services under the Terms and Conditions.
2.2 If the Access Point is optimised for the processing of cookies and/or the processing of the Visitor’s personal data takes place through it, the HRON Privacy Policy and the Terms and Conditions for the use of cookies published on the hron.tech Website, as well as the relevant legislation on the protection of personal data, shall apply.
2.3 Access to the Attendance System in terms of viewing the Website or downloading the Mobile App is freely available. The visitor has the right to view the content of the Website or the Mobile App using a technical device.
2.4 The Access Points are intended for Visitors regardless of the fact that they are or may be available to persons other than Visitors or machines, and solely for their own use and for a purpose that is not directly or indirectly commercial unless the Visitor is specifically authorized to do so by an individual contractual relationship with the Operator. Any other use of the Access Point (both the whole and individual parts thereof) is subject to the prior verifiable consent of the Operator which must be given by an authorised person of the Operator.
2.5 By using the Access Point, the Visitor agrees to these Terms of Use and undertakes to comply with them. If the Visitor does not agree to the Terms of Use, the Visitor must leave and not use the Access Point any further.
2.6 The Operator shall have the right to refuse or restrict any Visitor access to the Access Point if they breach these Terms of Use or if this is necessary for the Operator’s internal security reasons. This does not apply if otherwise agreed within the individual relationship with the Operator’s business partner.
3. RIGHTS AND OBLIGATIONS OF THE VISITOR
3.1 When using the Access Point, the Visitor is obliged to act in such a way that his/her actions do not interfere with the rights of the Operator and/or other Visitorsand/or third parties.
3.2 If the Access Point allows the Visitor to register in order to use its functionalities, the Visitor is always obliged to:
(a) provide up-to-date accurate and complete information required by the Operator at the time of registration;
(b) maintain the accuracy, completeness and timeliness of the information and data provided;
c) take all measures to ensure the protection and confidentiality of the access password if the use of the Access Point requires the entry of the access password by the Visitor;
d) not to allow third parties access to the services or functionalities provided to the Visitor; the Visitor is responsible for any violation of the Terms of Use, even if this violation is committed by a third party abusing the Visitor’s login data to the Access Point and/or its part;
e) immediately change the access password to the Access Point and/or part thereof or request a change of the Operator’s access password if the Visitor loses control over his/her user account integrated in the Access Point and/or part thereof or if he/she has a reasonable suspicion that his/her access password has been compromised by an unauthorized person and/or there has been an unauthorized use of the user account integrated in the Access Point and/or part thereof.
3.3 If the Access Point (whether it is e.g. a Website User Account or a Mobile App) allows the Visitor to add and/or create and publish any content, the Visitor shall always comply with the following obligations in particular:
a) not to add, link to and/or create content that infringes the intellectual property rights of a third party, in particular copyrights in photographs, audio and visual-sound recordings, literary works, registered designs or trademarks;
b) not to add, link to and/or create content the nature of which is capable of fulfilling any of the elements of a criminal offence under a specific part of the Criminal Code, in particular not to add any content with the character of extremist material or hateful or defamatory statements attacking an individual or groups of people on the basis of their race, ethnicity, religion, politics, gender, social affiliation, sex, gender, sexual orientation or other criteria;
(c) not to add, link to and/or create content which, beyond the reasonable exercise of the right to freedom of expression and dissemination of information, could unjustifiably interfere with the right to the protection of the personality and human dignity of a particular person;
(d) not to add, link to and/or create content which, beyond the reasonable exercise of the right to freedom of expression and dissemination of information, could unjustifiably interfere with the right to the protection of the goodwill and reputation of a legal person;
(e) not to add, link to and/or create content that would be capable of committing any offence, administrative offence or other unlawful act that would constitute an unjustified interference with the rights and freedoms of a particular person or group of persons.
3.4 In the event that the content of the Access Point is a space for the expression of an opinion or other expression of the Visitor on a specific fact, the Operator reserves the unilateral right to remove such opinion from the content of the Access Point. For the avoidance of doubt, it is stipulated that the Operator shall not be liable for any opinion of the Visitor displayed through the Access Point; the Visitor shall be solely responsible for the content of the opinion or other statement and any violation of generally applicable laws in force and in force in the territory of the Slovak Republic.
3.5 The Visitor is always obliged to immediately notify the Operator of any suspicion regarding the unlawful content of the Access Point and/or part thereof that would or could affect the Visitor or another natural or legal person and to identify precisely the content that would violate the rights and freedoms of the natural or legal person concerned and to specify what is being requested from the Operator (e.g. If you are the legal representative of such a person, the Operator always requires the submission of a power of attorney authorizing you to legally represent such a person.
3.6 In particular, the visitor is forbidden to:
a) modify, alter, interfere with the Attendance System, the Website, the Mobile Application and/or any other Access Point in an unauthorized manner in violation of the assigned access privileges, make copies and/or extract copies of the content of the Access Point and use them for any commercial or non-commercial purposes without the Operator’s specific demonstrable permission;
b) compromise the integrity of the data integrated into the Access Point, including any component thereof, in particular to disrupt or alter the graphical elements, layout, text structure or databases used by the Access Point;
c) attempt to gain unauthorised access to the Operator’s information systems via the Access Point;
d) attempt to modify the machine or source code of the Access Point and attempt to reverse engineer them or otherwise interfere with their functionality, except for their normal use, which belongs to the Visitor;
e) attempt in any other way to compromise the integrity and availability of the information and/or functionality available within the Access Point;
(f) attempt in any way to breach or compromise the confidentiality of information not publicly available through the Access Point;
g) use any copyrighted content that is published within the Access Point without the prior written consent of the Operator;
h) post “spam” and other unauthorized commercial communications through the Access Point;
(i) use the Access Point to provide and purchase Benefits with a business or use the Operator’s Benefits to compete with the Operator or to promote other products and services;
j) distribute viruses or other malicious code on the Access Point or use the Access Point for purposes that violate the law.
3.7 Without the Operator’s consent, the Visitor may not download (download) their content or any part thereof from the Access Point environment to the technical device beyond their content designated by the Operator for download to the technical device, nor make any visual and/or audio and/or audio-visual recordings of their content. In the event that the Visitor breaches these obligations, he/she shall be liable for all damages incurred by the Operator and/or other Visitors and/or third parties.
3.8 The Visitor has the right to download the part of the Access Point content designated by the Operator for this purpose, provided that the Visitor is obliged to follow the Operator’s instructions in this procedure. Failure to comply with the Operator’s instructions shall extinguish any right of the Visitor to compensation for any damages.
4.RIGHTS AND OBLIGATIONS OF THE CONTROLLER
4.1 The Operator has the right to remove, amend, supplement or modify any content and/or part of the content published in the Access Point at any time, regardless of whether or not it has been added directly by the Operator; this is without prejudice to the fulfilment of the individually agreed rights and obligations of the Operator and the third party whose content is added to the Attendance System on the basis of a separate contract concluded with the Operator.
4.2 The Operator is free to change, supplement and improve the functionality and content of the Access Points at its own discretion.
4.3 The Operator displays its own advertising or advertising of third parties, the scope of which the Operator is entitled to change, expand and adapt to the preferences of the Visitor at any time at its own discretion.
4.4 The Operator refers in the Access Points to websites and electronic files of third parties, for the content of which, however, it is not legally responsible. In the event of the need for data processing by a third party when the Visitor interacts with such a link, the Operator may inform the Visitor of this through HRON’s own Privacy Policy available on the hron.tech Website, which may also refer to the privacy policy of third parties governing such processing.
4.5 The Operator shall refuse to delete or restrict access to any information or content of the Access Point on the basis of a request or initiative of a Visitor if, in the Operator’s legal opinion, the disputed content is not illegal and its preservation is necessary in a democratic society for the exercise of freedom of expression and dissemination of information; this shall not apply if the illegality of the content is established by a final and substantive decision of a competent administrative authority or court, or, as the case may be, by a final and substantive decision of a competent administrative authority or a court of law. If the Visitor obtains an interim measure or if the Operator freely decides otherwise on the basis of consideration of the individual factual and legal circumstances of the case.
4.6 Nothing in these Terms of Use shall prevent the Operator from limiting the availability and/or functionality of the Access Point at any time for any length of time; this is without prejudice to the contractual rights and entitlements of the Operator’s business partners.
4.7 In the event of notification of unlawful content or other awareness of facts objectively causing the unlawfulness of the content contained in the Access Point, the Operator is obliged to act promptly and remove or prevent access to the information related to the detected unlawful condition if, in the opinion of the Operator, there will be or could be unlawful conduct in connection with the information included in the content of the Access Point.
5. LIMITATION OF LIABILITY
5.1 The Operator is not responsible for the information transmitted between the Access Point and the Visitor’s end device, because the transmission of this information is initiated by the Visitor’s activity, does not select its Visitors, and does not select and modify the information that is transmitted (so-called “mere conduit”).
5.2 The Operator shall not be liable for the information provided by the Visitor and stored in the Attendance System at the Visitor’s request, unless the Operator has actual knowledge of the illegality of the stored information or of the illegal nature of the Visitor’s actions and acts without undue delay to remove or prevent the Operator’s access (so-called hosting).
5.3 The Operator is not responsible for the automatic temporary and transitory storage of information in the memory of an electronic device used for information retrieval (e.g. a browser computer), which is done solely for the purpose of streamlining the further transmission of information to other recipients of the service at their request (so-called caching).
5.4 The Operator shall not be liable for any failures or errors of the Access Points. This does not apply if otherwise agreed within the individually negotiated Contract.
5.5 The Operator shall not be liable for any direct or indirect, special, incidental, related or consequential damages, losses and expenses arising out of or in connection with the connection to and use of the Access Point, nor for any damages arising out of or in connection with any partial or complete non-functioning of the Access Point, inability to use the Access Point, or any failure, error, omission, interruption, delay in operation or transmission, cyber-attack or other malfunction thereof; unless otherwise agreed in an individually negotiated Contract.
5.6 The Operator provides the Attendance System and other Access Points “as is and as lying” without any warranties or additional representations.
5.7 The Operator shall not be liable for any interactions, communications and any legal relationships that arise between Visitors as a result of the use of the Access Points and/or any of their components, including any detrimental effects on the rights and freedoms of the Visitors or other persons involved.
5.8 The Operator shall not be liable for any damages caused in causal connection with the compromise of the access password to the Access Point (in particular the User Account) and/or part thereof for reasons on the part of the Visitor (e.g. disclosure of the password to a third party, failure to exercise a reasonable degree of caution, affirmative actions of the User to phishing, etc.).
5.9 The Operator is not responsible or liable for the obligations of third parties whose offers are in the form of advertising, advertisements, PR articles or otherwise mentioned within the Access Point. The Operator is not responsible for the veracity, content and form of third party websites that are accessible via the Access Point. The Operator does not investigate, verify or monitor the content of such external websites. The Operator is not and will not become a party to any legal relationship that the Visitor establishes with such third parties.
5.10 The Visitor is liable for damages caused by a breach of these Terms of Use. If the Visitor causes damage to a third party by violating these Terms of Use and using the Access Point, the Visitor is obliged to pay for the damage himself upon demand, without any burden on the Operator.
6. INTELLECTUAL PROPERTY
6.1 The Visitor acknowledges that the HRON Attendance System and other Access Points, including all content presented on the Website or Mobile App, source code, scripts, design, text, logos and images, is protected by copyright and may be considered a work of authorship. A work of authorship is subject to protection under Art. 185/2015 Coll., the Copyright Act, as amended (hereinafter referred to as the “Copyright Act”) and under Act No. 300/2005 Coll. of the Criminal Code as amended (hereinafter referred to as the “Criminal Code”) and its infringement may be prosecuted by both civil and criminal means.
6.2 The data sets, software as well as the contents of the operational databases are the exclusive property of the Operator and are subject to copyright protection.
6.3 In accordance with the Copyright Act, the Operator is the person entitled to exercise all proprietary rights to the Attendance System and other Access Points, in particular to distribute their content and to grant consent to their use, or the Operator is otherwise entitled to use the content. In individual cases, reference may be made to the copyright holder or the copyright holder’s executor.
6.4 Third party content may also be placed within the Access Points, which is also subject to copyright protection and other intellectual property rights under the licence.
6.5 By using the Attendance System or any other Access Point, the Visitor does not acquire any proprietary rights, licenses, sublicenses or other rights to the content that is posted on that Access Point; this does not affect the Visitor’s ability to view the content of the Access Point and to use the Access Point for his/her own personal/home use in accordance with these Terms of Use.
6.6 The Visitor shall not infringe or jeopardize the copyright and intellectual property rights of the Operator or third parties when accepting the performance under the Agreement or the Terms and Conditions.
6.7 The Visitor shall immediately report suspected infringement of copyright and intellectual property rights in connection with these Terms of Use, regardless of whether the infringer is the Visitor or a third party.
7. LINKS
7.1 All links to the Attendance System or other Access Points in any form (URL link, Plug in, active banner with the Operator’s logo, call to action button) that are placed on the Internet as a result of an active action of a third party who is not acting within the scope of permitted personal activity (i.e. commenting on a post and sharing it on an individual’s personal profile on a social network, or in an internet discussion) must be approved in writing in advance by the Operator (e.g. if the links are directed to the Website in the course of business or other professional activity on the official websites of a business company), unless otherwise agreed in an individual Agreement with the Operator.
7.2 No reference to the Access Point, whether or not consent is required under the preceding clause, shall be defamatory to the Operator, its interests or of a defamatory or abusive nature.
7.3 As a condition of consent to link to the Access Point, the operator of the other website agrees that the Operator may, at any time at its sole discretion, revoke the permission to link to the Access Point, together with an undertaking by the operator of the other website to immediately remove all internet links to the Access Point and the Operator’s trademark immediately after revoking the consent under clause 1 of this section of the Terms of Use.
8. RULING RIGHT
8.1 These Terms of Use and the relationships arising from them are governed by the law of the Slovak Republic, in particular the provisions of the Civil Code.
8.2 All disputes arising out of these Terms of Use, including disputes concerning their validity, interpretation or termination, shall be resolved by the Operator and the Visitor in priority using the provisions of the Civil Code and further by mutual amicable negotiations and agreements.
8.3 In the event of any dispute between the Operator and the Visitor arising in connection with the performance of the obligations under these Terms of Use or
8.4 The Access Point Content is not intended for use and/or distribution by any person who is a resident, resident or domiciled in any country or subject to any jurisdiction where such use would be unlawful or subject to the consent of any competent authority or other authorised person, or where the creation, operation and/or distribution of the Access Point Content or any part thereof would require a licence, registration or any other condition to be met.
9. CHANGE OF TERMS OF USE
9.1 The Visitor agrees that the Operator is entitled to unilaterally change the content of these Terms of Use, in particular for the following reasons:
a) a change in legislation, a decision or a change in the approach of a competent public authority which, in the Operator’s opinion, affects these Terms of Use;
(b) a change in the Operator’s business model or marketing strategy;
c) a change in the technical capabilities of the Attendance System, the Products and/or other services provided under the Contract or the Terms and Conditions, including a change in suppliers of technical or consultancy support;
(d) grammatical, stylistic and minor changes;
e) other legitimate reasons on the part of the Operator.
9.2 The Visitor will always be informed about additions or changes to the Terms of Use on the hron.tech Website. All changes to the Terms of Use will be effective upon their publication on the Website, unless otherwise specified by the Operator.
9.3. Ak sa akékoľvek ustanovenie Podmienok používania stane neplatným v dôsledku ich rozporu s právnymi predpismi Slovenskej republiky alebo právnymi aktmi Európskej únie, nespôsobí to to neplatnosť celých Podmienok používania, ale iba dotknutého ustanovenia Podmienok používania.
Date of publication and effectiveness of the Terms of Use as amended: 25.06.2024
