Our Policy
PURCHASE TERMS & CONDITIONS
1. 1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions, the following definitions apply:
“TheHealthQuarters” (THQ) means TheHealthQuarters s.r.o., a company registered in the Czech Republic under company number IČO 21771596.
“Class” means any class provided by or on behalf of THQ or its subsidiaries, whether at the Studios or online.
“Class Pack” means a Package that entitles a Client to attend a set number of Classes before the expiry date of that Package.
“Class Spot” means an allocated position in a Class that a Client may book, subject to capacity limits and restrictions, via the official booking system.
“Client” means any person who has completed a Registration Form and whose registration has been accepted by THQ.
“Instructor” means a duly qualified staff member of THQ, employed or contracted, to lead a Class in which Clients participate, acting within the scope of their employment or contract with THQ.
“Monthly Subscription” or “Subscription” means a Membership with the rights and obligations set out in Section 3, including, without limitation, a “Monthly Unlimited” Membership.
“Package” means any product that a Client may purchase, including but not limited to Class Packs, Unlimited Memberships, and Monthly Subscriptions.
“Registration Form” means the registration and/or application form completed by a Client, whether electronically or otherwise.
“Studios” means any Studios operated by THQ or its subsidiaries as published on the Website from time to time.
“Terms and Conditions” means these Terms and Conditions.
“Unlimited Membership” means a Membership that entitles a Client to attend an unlimited number of Classes before the expiry date of the pass.
“Website” means www.thehealthquarters.eu
2.BECOMING A CLIENT
2.1 A person becomes a Client upon completing a Registration Form and Liability Waiver, subject to these Terms. No person may receive services without completing these forms.
2.2 Acceptance as a Client is at THQ’s discretion.
2.3 A person ceases to be a Client when they request account deletion. Provisions of these Terms relating to obligations and liabilities will continue to apply after termination.
2.4 For the Subscriptions, the start date selected by the Client determines the expiry date.
2.5 Packages start at the purchase date and expire according to the specific terms communicated at the time of purchase.
2.6 Expulsion / Suspension / Termination
THQ may, at its reasonable discretion, expel, suspend, terminate, or refuse to renew a Client’s Package or Subscription for:
Conduct damaging to the Studios’ character; or
Breach of these Terms; or
Any reason in the interests of other Clients.
Clients so affected will forfeit access to Studios and classes and will not be entitled to a refund.
2.7 Clients may attend classes according to the type of Package purchased.
2.8 Package pricing is available at the Studios or on the Website and may be amended by THQ from time to time.
2.9 Payments for Packages are non-refundable, except where expressly provided or as required by law. No compensation is due if a specific Instructor is unavailable.
2.10 Cooling-Off Period for Online Purchases
Clients may cancel an online Package within 14 calendar days of confirmation without providing a reason. Cancellation is not permitted once the Package has been used (i.e., booking or attending a class). Notification must be made in writing or by email. Refunds will be credited to the Client’s account within 30 days.
2.11 Personal Use
Packages are non-transferable and must be used only by the purchaser. Breach will result in termination of the Package.
2.12 Introductory Passes
Limited to one per new Client. Multiple purchases across accounts may result in removal without refund.
Classes already used under the introductory pass will be charged at the full single-class rate.
Introductory passes are non-transferable and for use only by the purchaser.
3. SUBSCRIPTIONS AND PACKAGES
3.1 Types of Pricing
THQ offers the following options:
(a) 12-Month Subscription – a contractual membership with a minimum 12-month commitment, billed monthly.
(b) 3-Month Subscription – a contractual membership with a minimum 3-month commitment, billed monthly.
(c) Packages – prepaid bundles of classes with a fixed expiration date (typically 1 month, but in some cases 3 or 6 months), as specified at the time of purchase.
3.2 Entitlement to Classes
Clients are entitled to attend classes, in-person or online, as specified in their chosen Subscription or Package. Entitlement ends upon expiry or termination.
3.3 Payment Obligations
All fees are payable in accordance with these Terms and Conditions, regardless of whether the Client makes use of the Studios’ facilities. A Client forfeits access if payment is not made by the due date and remains liable for any outstanding payments.
3.4 Use of Classes and Non-Rollover of Entitlements (Subscriptions)
3.4.1 Subscriptions grant the Client the right to attend Classes during the applicable billing period only, as defined by the Subscription type (monthly billing cycle), and subject to availability and these Terms and Conditions.
3.4.2 Any unused Classes, class credits, or attendance entitlements included in a Subscription do not roll over to subsequent billing periods, whether monthly or otherwise.
3.4.3 The Subscription fee reflects access to the Studios and Classes during the billing period, not a guarantee that a specific number of Classes will be attended.
3.4.4 Failure by the Client to attend Classes during a billing period, for any reason including but not limited to personal scheduling conflicts, holidays, illness (unless formally approved under a pause/freeze), or lack of bookings, does not entitle the Client to refunds, credits, extensions, or transfer of unused Classes.
3.4.5 Approved pauses or freezes granted in accordance with clauses 3.6 or 3.8 suspend the billing period and access for the duration of the freeze only. Unused Classes from active (non-frozen) periods remain forfeited at the end of each billing cycle.
3.4.6 This clause applies equally to all Subscription types, including but not limited to 3-Month Subscriptions, 12-Month Subscriptions, and Unlimited Memberships, regardless of attendance frequency.
3.4.7 Fee Adjustments
Subscription and Package fees may be increased at THQ’s discretion. Clients will receive at least 15 working days’ notice of any Subscription fee increase.
12-Month Subscription
3.5 A 12-Month Subscriptions have a minimum 12-month commitment and automatically renew for successive 12-month periods under the same conditions unless cancelled in accordance with clause 3.14.
3.6 A 12-Month Subscription may be paused up to four times per calendar year, for a total maximum of 50 days. In the case of medical issues, THQ reserves the right to request a medical note before granting any freeze longer than 50 days. Clients must request pauses through customer service in writing. During frozen periods: Freezes will run for the duration of the freeze with the payment dates being moved based on the restart date.
3-Month Subscription
3.7 A 3-Month Subscriptions have a minimum 3-month commitment and automatically renew for successive 3-month periods under the same conditions unless cancelled in accordance with clause 3.14.
3.8 A 3-Month Subscription may be paused up to four times per calendar year, for a total maximum of 30 days. In the case of medical issues, THQ reserves the right to request a medical note before granting any freeze longer than 30 days. Clients must request pauses through customer service in writing. During frozen periods: Freezes will run for the duration of the freeze with the payment dates being moved based on the restart date.
Packages
3.9 Packages are prepaid and valid until the expiry date specified at purchase (e.g., 1 month, 3 months, or 6 months). Any unused classes after the expiry date are forfeited without refund.
3.10 Packages cannot be paused, except in exceptional cases at THQ’s sole discretion (e.g., medical issues supported by documentation).
3.11 Universal Late Cancellation and No-Show Policy
3.11.1 For all Clients, up to three (3) late cancellations or no-shows are permitted within any rolling 30-day period without penalty. Beginning with the fourth (4th) late cancellation or no-show within the same 30-day period, a fee of 350 CZK shall be charged for each occurrence.
3.12 Definition of Late Cancellation
3.12.1 A booking shall be deemed a Late Cancellation if the Client cancels their reserved class less than twenty-four (24) hours before the scheduled start time of that class, as recorded in the Studios’ booking system.
3.12.2 A booking shall be deemed a No-Show if the Client does not attend the reserved class and has not cancelled through the booking system before the class start time.
3.12.3 For the purposes of clause 3.11 (Late Cancellation and No-Show Fees), both Late Cancellations and No-Shows count toward the rolling 30-day allowance.
3.12.4 All cancellations must be submitted through the official THQ booking system (via the website or designated mobile application). Cancellations made by phone, email, or verbal notice to staff or instructors will not be accepted as valid.
General Rules
3.13 Cancellation of Subscriptions:
Cooling-Off Period
3.13.1 A Client who purchases a Subscription or Package online, remotely, or off-premises is entitled to cancel their purchase without penalty within fourteen (14) calendar days from the date of purchase (“Cooling-Off Period”).
3.13.2 To exercise this right, the Client must provide written notice of cancellation to THQ (e.g., via email or through the website cancellation form) within the Cooling-Off Period.
3.13.3 If the Client has already attended classes or used services during the Cooling-Off Period, THQ may deduct the proportional value of those services from any refund due.
3.13.4 After the Cooling-Off Period expires, all standard early cancellation rules (clauses 3.13 and 3.13.1) apply.
Early Cancellations Within Term
Contractual Subscriptions (12-Month and 3-Month) may only be cancelled before the end of their term on the grounds of:
(a) a verified medical condition preventing participation; or
(b) permanent relocation outside a 100 km radius of the Studio, supported by reasonable evidence.
3.13 Following expiry or termination of a Subscription or Package, Clients may enrol in a new cycle by purchasing an available Subscription or Package through the THQ website.
3.14 Where payments are made by debit or credit card, or fees remain outstanding beyond the due date, the Client authorises THQ to charge such card for Subscription fees, Package fees, and any applicable penalties, in accordance with applicable law and card provider rules.
4. LIMITATION OF LIABILITY
4.1 In consideration of THQ accepting a person as a Client, the Client agrees that:
4.1.1 Neither THQ, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any THQ premises by the Client or any guest of the Client, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of THQ, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any THQ premises are left at the owners’ risk and THQ will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of THQ or its employees, agents or sub-contractors.
4.1.3 Neither THQ, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any THQ premises or as a result of the use of the facilities and/or equipment provided by THQ, except to the extent that such death, personal injury or illness arises from any negligent act or omission of THQ or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Client's responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by THQ, including the adjustment of levels or settings on any equipment. If the Client is in any doubt as to how to correctly operate any equipment, they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto THQ premises is caused by the negligence of THQ or its employees, agents, or sub-contractors, THQ liability shall be limited to 10,000 CZK (for any one incident).
5. ONLINE BOOKING
5.1 Booking Classes
Clients may book Classes in advance via the Website. All bookings are subject to availability of Class Spots and these Terms and Conditions.
5.2 Cancelling Booked Classes
Clients may cancel any Classes booked online through the Website, subject to the late cancellation rules in clauses 3.8 and 3.11.
5.3 Check-In and Late Arrival
Clients must check in at least five (5) minutes before the scheduled start time of a Class. A Client arriving after the Class has begun will generally not be permitted to enter, to maintain the experience and safety of other Clients and ensure that all pre-Class instructions are received.
If a Client misses a Class due to late arrival, THQ may, at its discretion, place the Client in another available Class Spot in the next Class on the same day, if availability exists.
Clients arriving less than five (5) minutes before the Class start time must notify Customer Service by email or phone. Failure to provide timely notice may result in the Client’s spot being given to another Client. In such cases, THQ will attempt to place the Client in another available Class Spot in the same Class or, if none exists, in the next Class on the same day.
5.4 Waitlist
If the online booking system indicates that a Class is full, Clients may join a waitlist. If a Class Spot becomes available, the Client will automatically be added to the Class up to 24 hours before the scheduled start time.
5.5 Overnight Availability
If a Class Spot becomes available between 22:00 and 06:00, the Client will not automatically be added to the Class.
5.6 Confirmation and Removal
Clients automatically added to a Class from the waitlist will receive an email confirmation.
All booking rules in this Section apply equally to Classes allocated via the waitlist.
Clients may remove themselves from the waitlist at any time via the Website.
5.7 Late Cancellation and No-Show
Any of the following will be classified as a No-Show in accordance with clauses 3.8 and 3.11:
Late cancellation of a booked Class, including Classes allocated via the waitlist;
Failure to attend a booked Class;
Failure to check in on time as required under clause 5.3.
6. USE OF FACILITIES
6.1 Access to Facilities
Clients are entitled to use the Studios’ facilities, provided that THQ may, at any time, withdraw all or part of its facilities or Classes for any period, with notice where practicable, for purposes including, but not limited to, cleaning, repair, alteration, maintenance, or reasons beyond its control. No refunds shall be given during any temporary closure.
7. FITNESS AND HEALTH
7.1 Class Intensity
Fitness Classes within THQ may involve intensive exercise. Clients agree to familiarise themselves with the content and requirements of each Class prior to participation. Further information is available on the Website or from THQ staff.
7.2 Client Representation
By accepting these Terms and Conditions and on each occasion of using the Studios, Clients warrant and represent that:
They are in an appropriate physical condition to participate in Classes;
They have no medical or other condition that would make participation unsafe or detrimental to their health, safety, or physical condition.
7.3 Instructor Limitations
THQ staff are not medically trained and are not qualified to assess a Client’s fitness or medical condition. Clients must take personal responsibility for determining their fitness to participate.
7.4 Medical Advice and Access
Clients are advised to seek medical advice before undertaking any physical activity if they have concerns about their health. THQ may, at its discretion, refuse access to any Client whose health may be endangered by participation.
7.5 Health Conditions
Clients shall not use THQ’s facilities if they are experiencing:
Low or high blood pressure;
Cardiac irregularities;
Infectious or contagious illnesses;
Any condition that could risk the health, safety, or comfort of themselves or other Clients.
Clients must notify THQ of any health conditions that may be exacerbated by participation and consult a doctor where necessary.
7.6 Compliance with Instructor Instructions
Clients are required to follow all instructions provided by the Instructor at all times, including but not limited to:
Spring setup;
Weight selection;
Equipment use;
Any adjustments or modifications suggested during the Class.
7.7 Protective Equipment
Where required, Clients must wear appropriate protective equipment, including but not limited to:
Hand wraps;
Boxing gloves;
Grip socks (mandatory for all Classes in the Studios where footwear is required to prevent slipping).
THQ may provide certain equipment, excluding hand wraps and grip socks. If the Instructor deems any equipment inappropriate, the Client must replace or remove it.
Failure to comply with this requirement may result in:
Limitation, restriction, or cessation of participation; and
No entitlement to refunds or other compensation.
7.8 Injury or Illness During Class
Clients must immediately notify the Instructor of any injury or illness during a Class. Clients shall provide further information as reasonably requested. If the Instructor believes continued participation poses a risk to the Client or others, they may require:
Cessation, limitation, or restriction of participation.
Clients will not be entitled to a refund or compensation if participation is restricted under this clause. THQ may, at its discretion, hold the cost of the Class as credit for future use, subject to availability.
8. PERSONAL BELONGINGS, DRESS, AND SAFETY
8.1 Dress and Conduct
Clients must wear attire appropriate for fitness Classes. For safety and hygiene reasons:
No crockery, glass, or food is permitted in the Studios or changing rooms.
No pets are allowed in the Studios or grounds, except for guide dogs.
Clients must use the main entrance of the Studios (located at the shopping centre).
Fire exits (street-facing) are clearly marked for safety. Clients must not obstruct or interfere with these doors for any reason.
8.2 Fire and Emergency
In the event of a fire or emergency, Clients must make their way to the nearest available exit.
8.3 Smoking
Smoking is strictly prohibited in the Studios and associated facilities.
9. GENERAL
9.1 Class Times
Class schedules at the Studios and online may vary and are published on the Website. THQ reserves the right to change Class times or cancel Classes at its discretion, with notice to Clients where reasonably practicable.
9.2 Compliance with Guidelines
Clients must observe all THQ guidelines and follow any reasonable instructions issued by Studios’ management to ensure safety and smooth operation.
9.3 Photography and Media
Clients consent to being photographed by THQ while using the Studios’ facilities. THQ may use photographs of Clients for promotional or press purposes. Clients who do not consent must notify THQ in writing.
9.4 Contact Information
Clients must notify THQ of any changes to their mobile number or email address.
9.5 Email Communications
Clients consent to receive email communications from THQ, including notices pursuant to these Terms. Clients accept that email may not be a secure or confidential means of communication. THQ is not liable for any loss or damage arising from email communications.
9.6 Refusal of Admission
THQ reserves the right to refuse admission to the Studios at its discretion.
9.7 Governing Law and Jurisdiction
These Terms and Conditions, and any disputes arising from them, are governed by European Union law and are subject to the exclusive jurisdiction of the Czech courts.
10. CONSENT AND DATA USAGE
10.1 Marketing Consent
By registering an account with THQ, Clients acknowledge and consent to receiving marketing communications via email or phone.
10.2 Data Retention
THQ will retain Clients’ personal information until the Client requests deletion of their THQ account.
For full details, Clients should refer to THQ’s Privacy Policy
TERMS & CONDITIONS - GENERAL & WEB USAGE
1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Registered Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“oveė studio” means studio located in V Haji 1633/12, Holešovice, Prague 7, 17000.
“Service” means collectively any online facilities, tools, services or information that THQ makes available through the Web Site either now or in the future;
“Services” means the services available to you through this Web Site, specifically Pilates, other fitness classes and any other cultural events offered from time to time.
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our places of business with addresses online via websites
“System” means any online communications infrastructure that THQ makes available through the Websites either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” /"Registered Users" means any third party that accesses the Web Site and is not employed by THQ and acting in the course of their employment; and
“Web Site” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of THQ, our affiliates or other relevant third parties.
By continuing to use the Web Site you acknowledge that such material is protected by applicable the Czech Republic and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by THQ.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of THQ or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only with prior permission.
8. Deep linking
(i.e. links to specific pages within the site) requires the express permission of THQ. To find out more please contact us by email at info@oveestudio.eu.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using Czech or the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of THQ or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that THQ reserves the right to monitor any and all communications made to us or using our System.
10. Accounts
10.1 In order to procure Services on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. THQ accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact THQ immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, THQ accepts no liability or responsibility. THQ will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either THQ or you may terminate your Account. If THQ terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If THQ terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
11.3 THQ reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
11.4 If orders or payments are cancelled by THQ for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
11.5 If THQ terminates your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all descriptions of Services available from THQ correspond to the actual Services, THQ is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
12.2 Where appropriate, you may be required to select the required package of Services.
12.3 THQ does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account orders that have taken place during your visit to the website.
12.4 All pricing information on the Web Site is correct at the time of going online. THQ reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every as appropriate.
12.6 All prices on the Web Site include VAT.
13. Provision of Services
13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
13.2 THQ shall use its best endeavours to provide the Services with reasonable skill and care.
13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. THQ will ensure that any necessary corrections to the Services provided are made within 7 working days.
13.5 THQ reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already derived from the Services;
13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of THQ. Such discretion to be exercised only within the confines of the law.
14. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
15. Disclaimers
15.1 THQ makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16 Changes to the Service and these Terms and Conditions
16.1 THQ reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If THQ is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. THQ accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.1 To the maximum extent permitted by law, THQ accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts THQ’s liability for death or personal injury resulting from any negligence or fraud on the part of THQ.
18.3 Nothing in these Terms and Conditions excludes or restricts THQ’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Competitions and prizes
1. Eligibility:
1. 2 The competition is open to residents of the Czech Republic who are 18 years of age or older/age of majority in their jurisdiction. Employees, agents, or affiliates of the competition organiser, as well as their immediate family members, are not eligible to enter the competition.
1.3 Proof of eligibility may be required, and failure to provide such proof may result in disqualification.
2. Entry:
2. 2.1 No purchase or payment is necessary to enter or win the competition.
2. 2.2 Entries must be submitted within the specified entry period. Late or incomplete entries will not be accepted.
2. 2.3 Each participant may submit only one entry, unless otherwise stated.
2. 2.4 Entries that are deemed to be inappropriate, offensive, or in violation of any laws or regulations will be disqualified.
2. 2.5 Entries must be original and must not infringe upon any third-party rights, including but not limited to copyrights, trademarks, or intellectual property rights.
3. Winner Selection and Notification:
3. 3.1 The winner(s) will be selected at random from all eligible entries received.
3. 3.2 The winner(s) will be notified by email within 10 days of the competition's end date.
3. 3.3 If the winner(s) cannot be contacted or fails to respond within the specified time period, the prize may be forfeited, and an alternative winner may be selected.
4. Prize:
4. 4.1 The prize(s) will be clearly described, including its approximate retail value.
4. 4.2 The prize(s) are non-transferable and cannot be exchanged or redeemed for cash or any other alternative.
4. 4.3 The competition organiser reserves the right to substitute the prize(s) with another of similar value at any time.
4. 4.4 Any additional costs or expenses related to the prize(s) and not specifically included in the prize description are the responsibility of the winner(s).
5. Publicity:
5. 5.1 By entering the competition, you grant the competition organiser the right to use your name, likeness, and entry for promotional and marketing purposes without further compensation or notice, unless prohibited by law.
5. 5.2 Personal information provided by participants will be used in accordance with applicable data protection laws and the competition organiser's privacy policy.
6. Liability and Indemnity:
6. 6.1 The competition organiser and its affiliates, agents, and employees shall not be liable for any loss, damage, or injury incurred or suffered by participants or winners as a result of participating in the competition or accepting the prize(s).
6. 6.2 Participants agree to release and hold harmless the competition organiser from any and all claims, actions, demands, liabilities, losses, or damages arising from or related to their participation in the competition or use of the prize(s).
7. Governing Law and Jurisdiction:
7. 7.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Czech Republic.
7. 7.2 Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.
Please note that these terms and conditions may be subject to change or modification at the discretion of the competition organiser. It is your responsibility to review these terms and conditions periodically for any updates.
20. Previous Terms and Conditions
20.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Notices All notices / communications shall be given to us either by post to our Premises or by email to info@oveestudio.eu. Such notice will be deemed received 3 days after posting if sent by tracked post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. These terms and conditions and the relationship between you and THQ shall be governed by and construed in accordance with the Czech Republic Law and you agree to submit to the exclusive jurisdiction of the Courts of the Czech Republic.