General Business Terms and Conditions of DAFilms

Version in force as of March 20, 2020

 

Welcome in DAFilms documentary cinema!

Our association, Doc-Air, z.s., with its registered seat at Ostrovní 126/30, Nové Město,
110 00 Prague, Identification No. 270 60 047, association entered in the Register of Associations maintained by the Municipal Court in Prague under file No. L 17527  (the "Association“), provides users with access to films streamed or downloaded via the internet onto computers, mobile phones and other devices with iOS and Android systems through portals at dafilms.cz, dafilms.com, americas.dafilms.com, dafilms.sk and dafilms.pl (collectively, "DAFilms“).

Please read these General Business Terms and Conditions of DAFilms (the "Terms“) carefully because they contain important information concerning your and our rights and obligations in providing content through the DAFilms portal.

These Terms govern the provision of content and services through the DAFilms portal and the contracts concluded in connection therewith. By using the content and services through the DAFilms portal, you agree to these Terms and undertake to observe them. 

 

1. Conditions of use of the DAFilms portal

Content and services of DAFilms

We offer you to view audiovisual works, films, through the DAFilms portal, either by enabling you to watch the audiovisual work online within the DAFilms portal ("stream") or by enabling the download of the audiovisual work to the user's own end device ("download"). We also offer other services to registered users, as set out below in these Terms.

You can use the DAFilms content and services on the basis of a confirmed order (or registration) via the DAFilms portal, at your option, either once or as subscribers. The contractual relationship between the Association and you as a user arises at the moment of dispatching the order (or registration form) in the DAFilms portal by the user and confirmation of the order (or registration) by the Association. You can always check and correct the data provided in the order (or registration) before confirming the relevant part of the order (or registration) form. The contract can be concluded in Czech, Slovak, Polish or English.

Unless otherwise stated in specific cases below, the use of the content and services of the DAFilms portal is subject to a fee. The offer of the content, i.e. audiovisual works in the DAFilms catalogue, available to the users can be continuously updated and changed.

 

Become a registered user

If you want to use DAFilms services, you have to register free of charge as a DAFilms portal user (the "Registered User") and thus gain access to the personalized DAFilms content, to certain membership benefits, such as the possibility to view certain films free of charge, and access to news from the film world which will be sent to you by the Association on a regular basis (unless you decline to receive such news). 

As a Registered User, you will also be entitled to use the option of "Share and watch for free", which means that after registration and log-in into your account, you can watch a film of your choice from the DAFilms catalogue in exchange for sharing the same on your social networks. 

To become a Registered User, you have to fill in and send us a simple registration form with your e-mail address and password or log-in through your Facebook or Twitter user account. In this context, you acknowledge that you are responsible for maintaining the confidentiality of the login information to your account and the content thereof, as well as for restricting access to your computer.

Your registration as a Registered User of the DAFilms portal is a condition for using the content and services of the DAFilms portal.

 

Subscription

If you would like to watch or download films at DAFilms for the best prices, get a subscription. You can choose between a monthly and an annual subscription. The price of the subscription, including all taxes and fees, is always listed in the DAFilms portal for the specific subscription alternative you choose when ordering.

To set up a subscription, you must register as a Registered User of the DAFilms portal.

Subscription agreements are, in accordance with your choice made in the order, concluded for a period of one month or one year, provided that the selected subscription – whether monthly or annual – will be automatically renewed (i.e. every calendar month for the monthly subscription, or every twelve consecutive months for the annual subscription) and you will be charged the applicable fees, until you cancel the subscription. You can cancel the subscription at any time, effective as of the end of the current, already commenced period still covered by the subscription. We do not provide monetary or other compensation for non-use or cancellation of the subscription. You can cancel your subscription either in your PayPal account (if you pay for your subscription in this way) or in your profile in the DAFilms portal, using the button "Cancel subscription“. 

You can also give the DAFilms subscription to someone as a present – in such case, upon payment of the subscription price, a special electronic code will be generated and you will send it to the gift recipient to his/her email; the subscription will be activated upon the activation of the code.

Please note that the subscription may not include all content, i.e. all films currently available in the DAFilms catalogue, as selected films may be accessible to subscribers for a one-off fee only (beyond the subscription).

 

One-off fee

If you only want to watch an individual film or films in the DAFilms catalogue, you do not need to take out a subscription, but pay simply the applicable one-off fee.

The amount of one-off fees, including all taxes and fees, is stated for every specific film in the DAFilms catalogue.

To gain access to the one-off fee content, you must register as a DAFilms user.

 

Payment and invoicing

Subscription fees and one-off fees are paid either through your PayPal account or through your payment card. You always select the payment method when placing your order.

By dispatching the order of a particular service (for which subscription or one-off fee is charged, you give us the right to charge you a fee according to the current pricelist available all the time in the DAFilms portal.

The invoice for the chosen subscription will always be issued to you at the beginning of the period covered by the subscription. We reserve the right to change the timing of our invoicing, in particular if there are any technical obstacles to payment processing or due to other objective circumstances.

Invoices will be sent to you in electronic form, to the e-mail address you provide when ordering or registering in the DAFilms portal. All payments for DAFilms content and services are non-refundable and no compensation will be paid to you for utilizing only a part of the subscription period. However, if you cancel your subscription, you will still have access to the services till the end of the period covered by your subscription.

You can modify the information on the payment method and change the payment method in your profile in the DAFilms portal.

 

2. Confidential and current information

The user should not disclose his/her password to his/her account or DAFilms profile or disclose any payment method details (e.g. the last four digits of his/her credit or debit card number) associated with the use of DAFilms content and services. 

The user is responsible for providing true and complete information in the order (or registration form) and for updating and maintaining the truthfulness and accuracy of the information provided to the Association in relation to the use of DAFilms content and services.

 

3. Governing law and court jurisdiction

These Terms are governed by Czech legal regulations, in particular by Act No. 89/2012 Coll., the Civil Code (the “Civil Code”). In the event of any dispute concerning these Terms, such dispute shall be decided by a Czech court, the local jurisdiction of which will be decided in accordance with the address of the registered office of the Association.

As a consumer, you have the right to an out-of-court settlement of any dispute under any contract that you may enter into with us for the use of the content and services of the DAFilms portal and that is governed by these Terms. In such a case, Česká obchodní inspekce (The Czech Trade Inspection Authority), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: www.coi.cz, is competent to decide on the out-of-court settlement of consumer disputes.

 

4. Use of information provided

The Association is entitled to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send us, including answers to questionnaires or contributions in the DAFilms portal, for any purpose, including without limitation, the development, production and marketing of products, and the creation, modification or improvement of DAFilms services, without any right to any remuneration or compensation for the originator of such information.

 

5. Customer support, claims

If you need any assistance, click on the menu icon in the upper right corner and select "FAQ". You will find answers to many frequently asked questions there; alternatively, you can contract our customer support team at support@dafilms.com.

You can also file any claims at support@dafilms.com you may have in connection with the use of the content and services of the DAFilms portal by describing and documenting the defective performance in the email sent. Claims are usually assessed within 30 days of their submission.

We will inform you about the result of the claim assessment by e-mail. Recognized defects will be primarily resolved by providing the user with faultless content in accordance with his/her order, or by a refund or a corresponding reduction in the price for the content and services provided.

 

6. Other terms and conditions

Right to watch a film

You acknowledge that films made accessible to you in the DAFilms portal (whether free of charge or upon payment of the subscription or a one-off fee, as applicable) are intended solely for your personal consumption. The films are definitely not intended for use by users for direct or indirect economic or commercial benefit and users are not authorized to publish, copy, distribute, communicate to the public or use the provided films in any other way. 

In the event that you use any film contrary to the above - and without obtaining the relevant license from right holders (provided that such use is not subject to any statutory exemption) - and in the event that you use any film above and beyond your personal consumption, publicly and/or for direct or indirect economic or commercial benefit, you will be fully liable for any damage and other legal consequences this may cause.

 

Digital content

Under the agreements governed by these Terms, you are supplied with digital content - audiovisual works that you can watch via the DAFilms portal ("stream") or download and thus watch via your end device ("download").

For details on the functioning of digital content, technical precautions, and the interaction of digital content with hardware and software, see the "FAQ" section of our website, and for further questions, please contact our customer support at support@dafilms.com

Personal data processing

 

The terms and conditions of processing of your personal data in connection with the use of the DAFilms portal are provided in "Personal Data Processing Policy for Doc-Air, z.s.", which can be viewed here. By submitting an order for DAFilms content and services or a registration form, you acknowledge that you have read this policy.

Promo codes

Any promo code provided or offer made by the Association in connection with DAFilms cannot be used together with any other promo code or offer, past or current.

 

7. Change of pricelist and these Terms, withdrawal from the contract

Change of pricelist

We reserve the right to modify the prices for the content and services provided or their components from time to time at our sole discretion. 

In case of a contemplated change of subscription prices as compared to the current pricelist, you will be advised of such change - provided that you are a subscriber - well in advance, however, no later than 1 month in advance, by an e-mail sent to your email address provided by you to us for such purpose.

If you do not agree with the change, you can cancel your subscription renewal for a further period, such cancellation to be made before such change of pricelist enters into force, either in your PayPal account (if you pay for your subscription in this way), or in your profile in the DAFilms portal, using the "Cancel subscription" button; if you do not do so, it will be understood that you agree with the change of pricelist and you will be governed by the modified pricelist upon its entry into force.

 

Amendment of Terms

These Terms may be amended at any time without prior written notice at the sole discretion of the Association, and such amendments will apply to any and all transactions effected after the amendments are published. 

Nevertheless, if you are a Registered User of DAFilms and/or pay subscription fees in accordance with these Terms, the contemplated amendment of these Terms will be communicated to you well in advance, however, no later than 1 month in advance, by an e-mail sent to your email address provided by you to us within the subscription order or registration form. If you do not agree with the amendment, you can notify us of termination of the corresponding legal relationship with the Association established in accordance with the current version of the Terms at support@dafilms.com before the relevant amendment to the Terms enters into force; if you do not do so, it will be understood that you agree with the amendment to the Terms, and you will be governed by the amended Terms upon their entry into force.

 

Withdrawal from the contract

The user cannot withdraw from the contract concluded according to these Terms pursuant to Section 1829 et seq. of the Civil Code, as it is a contract specified in Section 1837 letter l) of the Civil Code, in which the provided content has the nature of digital content that is provided to the user with his express consent immediately after confirmation of the order (or registration form).

 

Final provisions 

The current version of the Terms is available in Czech, Slovak, Polish and English at the DAFilms portal website.

Contracts concluded in accordance with these Terms, these Terms and all their earlier versions will be deposited with the Association and the authorized users will be allowed access to them at their reasonable request.

DAFilms.com is powered by Doc Alliance, a creative partnership of 7 key European documentary film festivals. Our aim is to advance the documentary genre, support its diversity and promote quality creative documentary films.

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