The owner and operator of the NFCtron Pass service is the company NFCtron a.s., with registration number (IČO) 07283539, VAT ID (DIČ) CZ07283539, located at Opletalova 1525/39, Nové Město, 110 00 Prague 1, registered in the commercial register kept by the Municipal Court in Prague, section B, insert 25707 (hereinafter referred to as "NFCtron" or "Operator").
By installing and using the NFCtron Pass service, the user undertakes to comply with these Terms of Use of the NFCtron Pass service (hereinafter referred to as "Terms of Use"), as well as all applicable and generally binding laws of the Czech Republic.
The NFCtron Pass service is a service used for finding social events, such as concerts, theatrical or other cultural performances, and all other events involving the use of free time by the consumer at a predetermined time and place (hereinafter referred to as "Events"), for purchasing tickets for these social Events and for obtaining related services, e.g., topping up cashless credit for the purchase of goods and services at the Event (hereinafter referred to as "Credit"). The service is operated by the Operator (hereinafter also referred to as "NFCtron Pass").
The organizer of the Event is a natural or legal person other than the Operator, who ensures and organizes the conduct of the Event and who sells tickets for the Event (hereinafter referred to as the "Organizer"). The identification of the Organizer and their contact details are always provided with each specific Event. The Organizer is obliged to create a verified NFCtron Plus profile.
The user is a natural or legal person who is interested in using the NFCtron Pass service and who, in accordance with Articles III and following of these Terms of Use, will enter into contracts with individual Organizers (hereinafter referred to as the "User").
Before commencing the use of the NFCtron Pass services, the User is obliged to familiarize themselves with these Terms of Use and express their agreement with them, usually before registering their account in the NFCtron Pass interface. Unless proven otherwise, it shall be deemed that the User has agreed to these Terms of Use by a) paying the price of any service within NFCtron Pass; b) each login to NFCtron Pass; c) together with any changes to the data within the user account; d) in any other way from which the User's agreement to these Terms of Use is evident, always at the moment that occurs first.
By agreeing to these Terms of Use, the User confirms that they have read and agree to these Terms of Use, as amended and effective at the time of granting consent under this article.
II. Profile and Registration of Users
To use the services offered within NFCtron Pass, the User creates their own profile, without which the services offered within NFCtron Pass cannot be used.
The NFCtron Pass profile can be created by any natural or legal person.
The User acknowledges that all data provided when creating an NFCtron Pass profile is provided to the Operator voluntarily. The Operator processes the User's personal data in accordance with the conditions set out in the privacy policy, which can be found here [link to the privacy policy].
The mandatory data when creating an NFCtron Pass profile consists of the name, surname or business name of the User, date of birth or the User's registration number (IČO), place of permanent residence or registered office of the User, the User's contact email address, and the User's phone number.
The User is entitled to change mandatory and optional data of their NFCtron Pass profile at any time. The User is also entitled to delete their NFCtron Pass profile at any time.
NFCtron is authorized to delete the content of a profile or the entire profile if the content is in violation of the rules for managing the NFCtron Pass profile or the legal regulations of the Czech Republic.
The content of the profile and the profile are in violation of the rules for managing the NFCtron Pass profile, especially if they contain protected designations of other persons or use these designations, or if they contain inappropriate or tasteless images, in particular profiles that contain any vulgar, pornographic, or erotic content, or content that denigrates race, nationality, ethnic or other group of individuals, or content that is in any way discriminatory based on race, nationality, ethnic or other group of individuals, gender, religion, belief, political opinion, sexual orientation, or other status.
III. Ticket Purchase
The subject of the purchase contract for the sale and purchase of a ticket is the obligation of the Organizer as the seller to provide the User with tickets to the Event chosen by the User, in the quantity requested by the User limited by the availability of tickets transferred for sale to the Operator by the Organizer through the NFCtron Pass application, and the User's obligation to pay the purchase price for the tickets (hereinafter referred to as the "Ticket Purchase Agreement"). The Operator is not the seller from the Ticket Purchase Agreement. These Terms of Use, particularly Articles III to VI of these Terms of
Use, are the terms and conditions under which the Operator provides services related to the organization of ticket sales for the Event on behalf of the Organizer, as specified in the Ticket Purchase Agreement.
By purchasing tickets, the User agrees to the terms of the Ticket Purchase Agreement as well as these Terms of Use.
IV. Ticket Purchase Process
The User chooses the Event they are interested in within the NFCtron Pass application. The User can view the Event's details, such as the Event's description, date, time, location, ticket types, and ticket prices.
The User selects the desired ticket type and quantity of tickets for purchase.
To complete the purchase, the User enters their payment information and any other required details. The payment information may include credit card details, PayPal account details, or any other payment method made available by the Operator. The User may also have the option to use any available Credit to pay for the tickets, subject to the Ticket Purchase Agreement.
Once the User has completed the purchase process and the payment has been confirmed, the Operator will issue electronic tickets for the selected Event. The User will receive the electronic tickets in the NFCtron Pass application.
The electronic tickets issued to the User constitute proof of the Ticket Purchase Agreement between the User and the Organizer.
The User is responsible for ensuring that the electronic tickets are valid and appropriate for their intended use. The Organizer may require the User to present valid identification along with the electronic tickets for entry to the Event.
V. Ticket Refunds and Exchanges
Ticket purchases made through NFCtron Pass are subject to the refund and exchange policy of the Organizer. The User should refer to the specific Event details and the Organizer's refund and exchange policy for information regarding ticket refunds and exchanges.
The Operator does not process ticket refunds or exchanges. Any requests for refunds or exchanges must be directed to the Organizer in accordance with the Organizer's refund and exchange policy.
VI. Event Changes and Cancellations
The Organizer reserves the right to change the date, time, venue, or other details of the Event. In the event of any changes to the Event, the Organizer will notify the User via the NFCtron Pass application or through other means.
In the case of an Event cancellation, the Organizer will initiate the refund process in accordance with their refund policy. The Operator will assist the Organizer in facilitating the refund process to the extent necessary.
VII. Intellectual Property Rights
The NFCtron Pass service, including all content, features, and functionality, is owned by NFCtron and its licensors and is protected by intellectual property laws. The User may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on NFCtron Pass, except as follows:
The User may print or download one copy of a reasonable number of pages of the NFCtron Pass for personal, non-commercial use and not for further reproduction, publication, or distribution.
The User may download the NFCtron Pass application on their personal mobile device for personal, non-commercial use.
VIII. User Conduct and Responsibilities
The User agrees not to use NFCtron Pass:
IX. Limitation of Liability
The User acknowledges that the Operator is not a party to the Ticket Purchase Agreement between the User and the Organizer. The Operator is not responsible for any breach of the Ticket Purchase Agreement by the Organizer or for any defects or issues related to the tickets or the Event.
The Operator is not responsible for the quality, safety, legality, or availability of the Events or for any other aspect of the Event. Any disputes regarding the Event, including but not limited to the quality of the Event or the Organizer's actions, must be resolved directly with the Organizer.
The Operator is not liable for any damages, losses, or harm suffered by the User or any third party arising out of or in connection with the use of NFCtron Pass or participation in any Event. The User uses NFCtron Pass and attends Events at their own risk.
The Operator is not responsible for any technical issues or malfunctions related to NFCtron Pass, including but not limited to issues with the NFCtron Pass application, payment processing, or electronic tickets. The Operator will make reasonable efforts to resolve any technical issues promptly.
In no event shall the Operator, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) the User's access to or use of NFCtron Pass; (ii) any conduct or content of any third party on NFCtron Pass, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from NFCtron Pass; or (iv) unauthorized access, use, or alteration of the User's transmissions or content.
X. Termination
The Operator reserves the right to terminate or suspend the User's access to NFCtron Pass and disable any user name, password, or other identifier at any time without notice in its sole discretion for any reason, including if the User violates any provision of these Terms of Use.
The User may terminate their NFCtron Pass profile and stop using NFCtron Pass at any time by contacting the Operator and requesting the termination of their account.
Upon termination of the NFCtron Pass profile, the User's access to NFCtron Pass will be disabled, and any electronic tickets or other information associated with the User's profile will be deleted, as specified in the privacy policy.
XI. Amendments to the Terms of Use
The Operator reserves the right to change or modify these Terms of Use at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised Terms of Use on NFCtron Pass. The User's continued use of NFCtron Pass following the posting of the revised Terms of Use will constitute the User's acceptance of such changes or modifications. Therefore, the User should review these Terms of
Use whenever they access NFCtron Pass to ensure they understand the terms and conditions that apply to their use of NFCtron Pass.
XII. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflicts of law principles.
Any dispute arising out of or in connection with these Terms of Use, including any disputes regarding their existence, validity, or termination, shall be resolved through amicable negotiations between the parties. If the dispute cannot be resolved through negotiations within [number of days] from the date on which a party initiates the dispute by providing written notice to the other party, the dispute shall be referred to and finally resolved by arbitration administered by the [Arbitration Institution] in accordance with its Arbitration Rules. The seat of arbitration shall be [Location], and the language of the arbitration shall be [Language].
The arbitration award shall be final and binding upon the parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties or their assets.
XIII. Credit Usage
Credit loaded via the Chip can be utilized by anyone in possession of the Chip. The Organizer, NFCtron, and individual service or goods providers at the Event are neither authorized nor obligated to determine the rightful owner of the Chip.
Credit cannot be purchased outside NFCtron Points of Sale.
XIV. Purchase of Credit and Payment Terms
Upon agreeing to the terms specified in these Terms of Use, the User may pay for the Credit in an amount of their choosing. The upper limit of Credit amount may be restricted.
The Credit amount corresponds to the price paid for the Credit, based on the quantity of Credit selected by the User. The price of 1 Credit corresponds to 1 CZK.
Credit can be purchased through the NFCtron Pass interface, with payment for Credit possible only electronically, based on the current payment options at the time of payment. Payment by card or bank transfer is always allowed.
To ensure secure online payment, the User is redirected to a payment portal that ensures security through 3D Secure technology, provided by Global Payments Europe. All transaction data is kept in a secure environment. NFCtron only obtains the User's card number and additional card information, enabling the User to store card information for potential future transactions within the NFCtron Pass interface.
The purchase contract for Credit is concluded when the User places an order, accepts these Terms of Use (by confirming agreement with these terms), and pays the purchase price.
The User bears the costs related to their contractual relationship with their bank or the issuer of their card.
XVI. Withdrawal from the Credit Agreement and Credit Refunds
In accordance with Section 1837 letter j) of Act No. 89/2012 Coll., the Civil Code, as amended, the User does not have the right to withdraw from the agreement concluded with the Organizer regarding the Credit or the unused portion of the Credit.
NFCtron is not responsible for the User's inability to use the Credit to purchase goods and services at the Event, especially if the User is not allowed to pay for goods or services using the Chip and is required to pay using another means. The obligation to accept payments exclusively through the NFCtron system is the responsibility of the Organizer, and any complaints must be addressed directly to the individual Vendors or the Organizer, not through the NFCtron Pass application.
If the purchased Credit does not appear in the NFCtron Pass interface within 1 hour after the payment of the purchase price, i.e., crediting the purchase price to the account, the User is obliged to immediately contact the Organizer or NFCtron and notify them that they have not received the paid Credit. For these purposes, the User is required to provide NFCtron with the name, surname, and email that they provided as contact or identification details when purchasing the Credit. If it is determined that the Credit was not credited due to reasons on NFCtron's side, NFCtron undertakes to send the Credit to the User within 48 hours, but no later than at the beginning of the Event, so that the Credit is reflected in the NFCtron Pass interface and the User is not prevented from using the purchased Credit at the Event. However, in this case, NFCtron does not assume any responsibility for not being able to send the Credit to the User or reflect it in the NFCtron Pass interface during the Event.
The User is entitled to a refund of the unused Credit at any time from the purchase of the Credit up to 14 days after the end of the Event. By agreeing to these terms, the User expressly agrees and declares that they are aware that they will not be allowed a refund of the Credit if they request the refund later than 14 days after the end of the Event.
If the User requests a refund of the unused Credit no later than 14 days after the end of the Event, the refund will proceed under the following conditions:
Refund in CZK:
In the case of a Credit refund in Czech crowns, an amount corresponding to the value of the remaining Credit will be sent to the User's account, which the User will specify in the refund request. NFCtron and the Organizer are not responsible for any administrative or other fees that may be deducted from the refunded amount by the User's bank.
Refund in EUR:
Furthermore, a refund is allowed within the Single Euro Payments Area (SEPA). In the case of a refund request in EUR, the User will be required to provide information enabling entry into the Single Euro Payments Area, i.e., a SEPA payment. The User will be required to enter at least the following information: IBAN of the account to which the unused Credit is to be refunded and information about the account holder. The exchange rate for the refund will be governed by the currently applicable exchange rate list of the Czech National Bank, and an administrative fee will be charged for the refund to cover administrative costs in the form of an amount corresponding to 5% of the amount for which the User is requesting a refund (hereinafter referred to as the "Administrative Fee"). This Administrative Fee will be deducted from the amount sent to the User. The refund may be subject to further administrative fees, such as a fee for making a SEPA payment or other fees charged by the User's bank's service provider. The User bears all additional charges that will be levied for the refund, at their own expense.
V. Out-of-Court Dispute Resolution
In the event of a consumer dispute arising between the Organizer of the Event and a User who is a consumer in connection with the purchase and use of tickets or Credit, which cannot be resolved by mutual agreement between the customer and the Organizer, the customer may submit a proposal for out-of-court resolution of such a dispute to the entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: http://adr.coi.cz/" style="box-shadow: none; font-family: var( --e-global-typography-secondary-font-family ), Sans-serif; font-style: var( --e-global-typography-secondary-font-style );">Czech Trade Inspection Authority. The customer may also use the online dispute resolution platform established by the European Commission on the website http://ec.europa.eu/consumers/odr/" style="box-shadow: none; font-family: var( --e-global-typography-secondary-font-family ), Sans-serif; font-style: var( --e-global-typography-secondary-font-style );">European Commission.
VI. Final Provisions
If any provision of these Terms of Use is found to be invalid or ineffective, it does not affect the validity and effectiveness of the other provisions of these Terms of Use, which are separable from the invalid or ineffective provision.
NFCtron and the Organizer reserve the right to change the wording of these Terms of Use at any time.
All provisions of these Terms of Use and the contractual relationship between the Organizer, User, and NFCtron are governed by Czech law.
All disputes will be resolved in the general courts of the Czech Republic unless the User chooses the out-of-court dispute resolution option under Section V.1 above.