GENERAL TERMS & CONDITIONS  

Preamble

These General Terms and Conditions (hereinafter referred to as the Terms and Conditions or T&C) are concluded between the company AFINES GORUP j.s.a. ("we", "us") and you.

We offer services on the platform “Best Animal Finder” for finding lost dogs with additional services such as finding vets, pet stores, shelters, pet hotels, pet salons, kennels, and animal training centers and web shop. We provide our products and services, some of which are free and some of which are paid, through a mobile application located in the AppStore for the iOS platform and in Google Play for the Android platform or through a web application located on https://bestanimalfinder.com. (Hereinafter referred to as the "Services" or „Services & Goods”)

1. Acceptance of the terms of use

By creating an account on our platform, you agree to be bound by the Terms and Conditions and that you have read and understood our Privacy Policy, along with any additional or special terms we may notify you of at the time you use or purchase certain Services , all of which are part of these terms and conditions. If you do not agree to our terms and conditions, you must stop using our services.

2. Eligibility to use the Services

You can use our services only under these conditions. You represent and warrant that:

• You are over 18 years of age and can enter into a legally binding contract with us.
• You will comply with these terms and conditions, including all applicable laws and regulations.
• You will provide correct, accurate and truthful information that will not be misleading.
• You acknowledge and agree that the purpose of our services is to locate lost dogs and provide information about their finding to their owners.
• You have never been convicted of an offense involving fraud, a sexual offence, violence (including animal cruelty), terrorism or a hate crime.

We reserve the right to refuse, suspend or terminate your access to the Services at any time if you do not comply with any of the above conditions.

3. Registration

Registration for the provision of services is free of charge. It is not possible to create more than one account with the same email address.

It is necessary to provide mandatory information to complete the profile that will allow you to use our services. You acknowledge and agree that some of this information will be disclosed as part of our Services.

The information users provide within the Services during registration and at any time thereafter must be accurate and truthful.

For more details about the information, we collect about you and how we use it, please see our Privacy Policy.

You are responsible for maintaining the confidentiality of the credentials you use to register for our Services and are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately at gdpr@afinesgroup.com.

4. Services & Goods

• Free features

Your registration for the Services gives you immediate access to the free features.

Among the free functions are mainly the creation of a profile for the account, the function of reporting lost dogs and the function of searching for additional services.

• Paid Services & Paid Goods

Paid Services include in-app purchases that allow you to add your dog's profile to the lost dog database. If your dog was found by another user, we will notify you about this finding and if you confirm in the application environment that it is really your dog, the dog will be deleted from the lost dog database. Your dog will be deleted from the lost dog database even if you cancel the dog as lost directly in the application. If you want to include your dog in the lost dog database in the future, this service will be charged again. 

Paid services and paid goods include purchases in the web shop located on https://bestanimalfinder.com. Goods or services are all products published on the e-shop pages. An order is created by confirming the ordering process in the e-shop by selecting goods or services, including the complete filling of the order form. To process the order correctly, it is necessary to fill in the required data in the order and to choose the options of transport and payment for the ordered goods or services. By sending the order, you agree to the price of the ordered goods and services, and thus the order becomes binding for you.

The purchase contract is created by the confirmation of your order, which can be changed, canceled, or supplemented only based on a mutual agreement between us and you, unless the law or other legal regulation stipulates otherwise. Confirmation of the order by AFINES GROUP j.s.a. is the shipment of goods or the delivery of a service. Communication between you and us takes place primarily through the e-shop and e-mail communication.

After creating an order in the e-shop, an e-mail is automatically generated confirming the receipt of the order by the e-shop. This e-mail is not a confirmation of the order for the creation of a purchase contract, but only a confirmation of receipt of the order.

By sending the order, you are bound to pay the purchase price of the ordered goods or services. 

The supervisory authority is the Slovak Trade Inspection, Prievozská 32, 821 05 Bratislava.

• Prices

Prices for in-app purchases are shown without VAT, the relevant VAT is always added to the prices.

Prices for purchases in the web shop are shown including VAT 20%. We are bound by the price indicated on the web shop page at the time of making the purchase.

 
• In-app purchase procedures and conditions

In-app purchases are available through payment systems in the App Store/Google Play applications). If you choose to make an in- app purchase, you will be prompted to confirm the in-app purchase by the applicable third-party payment provider on your App Store/Google Play account ("Payment Method") and will be charged the prices displayed to you for the in-app purchase(s).

Your in-app purchase is confirmed when your financial transaction is authorized and confirmed by Apple/Google's App Store/Google Play).

After confirming the in-app purchase, the service is immediately provided to you by the fact that your dog's profile is immediately included in the lost dog database.

• The right to cancel the service immediately after in-app purchase

In accordance with applicable legislation, you have fourteen days from the day following the in-app purchase to exercise your right of cancellation (without giving a reason). Cancellations and refunds are handled by Apple/Google based on their own terms, which are beyond our control. To request a refund, you must sign into your Apple/Google ID and follow Apple/Google's instructions to cancel your order and refund.

• Web shop purchase procedures and conditions

It is possible to pay for goods and services in the e-shop through the payment gateway or in the form of a gift voucher. A gift voucher represents a pre-paid volume of funds that you can use for purchases. We are obliged to deliver the product or service within 30 days from the creation of the order in the required quality, quantity and at the agreed price and you are obliged to take over the ordered goods. If the goods are in stock, they are shipped according to capacity in the shortest possible time. If there are several goods in the order and some of them are not in stock, we will inform you about the possibility of partial deliveries. An invoice (tax document) is sent to the customer together with the goods or service. The place of performance is the place to which the goods or services are delivered. We carry out transport through courier companies.

• The right to cancel the service immediately after purchase in web shop

In accordance with applicable legislation, you have fourteen days from the day following the purchase in the web shop to exercise your right of cancellation (without giving a reason). If you want to use this right, you must personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified deadline to our contact address or send this withdrawal for postal transport no later than the last day of the deadline to the address specified in the contacts or send the withdrawal via e - by email to info@afinesgroup.com no later than the last day of the specified deadline. After notification of withdrawal from the contract, you are obliged to send or personally deliver the object of the contract from which you withdraw no later than within 14 days from the date of withdrawal. We will return the payment for goods or services, including transport costs as well as costs demonstrably incurred for ordering the goods, within 14 days from the date of delivery of the withdrawal from the contract, but we do not have to return the money before the goods are delivered to us or unless you provide proof that the goods have been sent

• Additional services of third parties

The Services may contain advertisements and promotions offered through third-party platforms and external sources, such as third-party websites or mobile applications, social networks, etc. ("Third Party Platforms"). We are not responsible for the availability (or unavailability) of such third-party platforms. If you choose to interact with third-party platforms that are available through our Services, their relationship with you will be subject to their terms. We are not responsible for the conditions or activities of third-party platforms.

5. Archiving and cancellation of the account

If you have not used your account within the last 24 months, your account will be archived, and you will no longer be able to use it. You will be notified by email about the planned archiving of your account. We will archive your account for 3 months, after which your account will be permanently deleted.

6. Intellectual Property

All Service names, trademarks, logos, graphics, photographs, text and generally all content displayed within the Services are our exclusive property and are under our license and control and may not be reproduced, used, or communicated without our express permission and may be the subject of legal proceedings.

The rights to use the Services granted to you are limited to your private and personal use within and for the duration of your account on our application. Any other use is prohibited. Likewise, you may not copy, reproduce, or otherwise use content created by other users, except for exclusively personal and private purposes.

Among other things, you are prohibited from copying, reproducing, downloading, broadcasting, transmitting, modifying, commercially exploiting and/or distributing any content of the Services, applications, or computer code in any way, under threat of legal action.

• Content disseminated by users

By creating an account and using the Services, for as long as you have an open account with us, you grant us a worldwide license to use the intellectual property rights arising from the content you provide (information, images, descriptions, search criteria, etc.) in connection with your using the services. This license includes, in particular, the right to reproduce, represent, broadcast, modify, adapt (in order to comply with the graphic presentation of the Services and/or ensure its compatibility with the technical functions or formats supported by the relevant media), translate, digitize, use for the purposes of the Services and/or grant sublicenses to the content you have provided in all or parts of the Services, in our emails and notifications to other users, or in any other communications related to the Services, in accordance with applicable law.

7. Warranties, Liability, and Indemnification

• Our obligations regarding your use of the Services available in the BAF mobile app

We expressly exclude any liability in connection with events of any nature that may occur between you and other users during online communications or during face-to-face "real life" communications.

When registering users within the Services, we do not verify their real identity. In addition, we do not scrutinise or moderate the content that users may post or upload on the Services at their own risk.

We are not responsible for the accuracy or inaccuracy of information and content provided by you or other users, or for the consequences of your or other users' use of such information and content. Likewise, we are not responsible for content disseminated by you or another user that may potentially violate your rights or the rights of one or more users or any other third party.

• Operation of the services

Our Services are provided to you "as is". We do not guarantee that you will be able to use them if your hardware or device is not working properly, if your Internet service provider does not provide you with an adequate level of service, or if your hardware or device does not have a fully functional Internet connection.

The functioning of the services may be temporarily interrupted due to maintenance, updates, security measures or technical improvements, or due to updating the content and/or the way it is presented. If possible, we will notify you in advance of scheduled maintenance or updates that may affect your use of the Services.

• Third-party platforms

We have no control over the third-party platforms to which you may be redirected from our Services from time to time. We disclaim any responsibility for the content of third-party platforms and for any advertisements, products, features, services, or other elements available on or resulting from the use of such third-party platforms. Use of third-party platforms is subject to their own terms.

• General liability

In accordance with applicable legal regulations, we are only liable for direct damages that we have caused if we have not provided services in accordance with these terms and conditions and applicable laws and regulations. We are not responsible for damages incurred by the user if they are caused solely by the user or if we have not violated these terms and conditions and/or our legal obligations.

We are not responsible for business losses. We provide services for home and private use only and commercial use of our services is strictly prohibited as stated above. You are fully responsible to us if you use the Services for any commercial or business purposes that are inconsistent with these Terms of Business.

In the event that we are held liable by reason of your breach of any of your statutory or contractual obligations under these Terms and Conditions, you will indemnify and hold us harmless against any damages, expenses or orders made against us arising out of or in connection with such breach.

• Our warranty and complaint obligations regarding Services and Goods available in our Web Shop

8. Personal data

Your personal data is processed in accordance with our Privacy Policy.

9. Changes in T&C and services

We may update and modify the content and/or features of any of the Services or these T&C at any time. This means that from time to time we may add new features or product improvements, as well as remove or change certain features.

You should regularly check the latest version of the T&C. If the changes involve substantial changes to your rights or obligations, we will try to inform you about the changes to our T&C in a reasonable way in advance. However, if such changes materially affect the product or service you have paid for as part of the Services, we will continue to provide this service under the same (previous) T&C until the end of the purchased service or product. If you make a new purchase, the revised T&C will apply from that moment, and you will be deemed to have agreed to the revised terms and conditions.

10. Service Notifications and Messages

By using the Services, you consent to us providing you with important notices regarding your account or the Services. These notices may be shared directly within the Services, through notifications from applications, or through other means associated with your account, such as email. You acknowledge and agree that we shall have no liability if you fail to provide accurate contact or other information, including but not limited to your failure to receive important information and notifications.

11. Enforceability

If one or more provisions of the T&C are deemed unenforceable under applicable laws or regulations or as a result of a final decision by a competent court or authority, the other provisions remain in full force and effect to the extent permitted by law, regulations or applicable court decisions.

12. Assignment of rights

We may freely assign all our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, sale of business or transfer of assets, or by operation of law or otherwise; however, we will endeavor to ensure that your rights and obligations remain unaffected by such operation.

13. Requests and complaints

For any request or complaint regarding your use of the Services, you may contact our Customer Care Team:

• For the company AFINES GROUP j.s.a. on: info@afinesgroup.com

14. Applicable law - disputes

These terms and conditions are governed by, interpreted, and applied in accordance with the laws of the Slovak Republic subject may not binding consumer laws in force in your country of residence.

Users can file complaints on the European Commission's online platform for dispute resolution at: http://ec.europa.eu/consumers/odr/. The European Commission will forward the user's complaint to the relevant national intermediaries.

In accordance with the rules applicable to mediation, before each request for mediation, you are obliged to first solve any dispute in writing with us in order to try to resolve the dispute amicably.

If it is not possible to reach an amicable solution to the dispute regarding the terms of use, the competent authorities will be the courts of the Slovak Republic.

15. About us

These T&C apply from 01.01.2024 between you and the company AFINES GROUP j.s.a., Company ID: 51 675 315, Address: Kvetná 1506/C, 900 41 Rovinka, Slovakia, registered in the Commercial Register of the City Court of Bratislava III, Section Sja, Insert number 45/B .