Last updated: September 12, 2020
These Terms of Use represent a legally binding agreement concluded between you personally or that you have entered into as someone's legal representative ("you") and Funestra d.o.o. ("company", "we" or "our"), concerning your access to the use of our website, as well as any other media format, media channel, mobile website or mobile application (collectively: "Website"). Access to the website is considered to have been read, understood and accepted by these Terms of Use and that they are binding on you. IF YOU DO NOT FULLY AGREE TO THESE TERMS OF USE, THEN WE INSTRUCT YOU TO STOP USING OUR APPLICATION IMMEDIATELY.
Our application connects our business partners as service providers and service users and makes us exclusively intermediaries who are not responsible for the content of the business relationship between service providers and users.
Additional terms or conditions or documents that may occasionally be published on the site are explicitly included here by reference. We reserve the right, in our discretion, to kill any time and for any reason make changes or modifications to these Terms of Use. We will notify you of any changes by updating the "Last Updated" date of these Terms of Use, without sending a specific notification of any such change. It is your responsibility to periodically review these Terms of Use to be informed of the changes. You are deemed to be aware of the changes and accept changes to any revised Terms of Use by continuing to use the site after the date of publication of the revised Terms of Use.
The information provided on the website is not intended to be distributed or used by any person or entity in any country where such distribution or use would be contrary to the law or other regulations or that would subject us to any registration requirements in such a country. Therefore, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for complying with local laws, if and to the extent that local laws and other regulations apply.
The site is intended for use for people over 18 years of age. If you are under 18 years old, you are not allowed to use this site.
The site is our property and all source code, databases, functionality, software, designing websites, audio, video, text, photos and graphics on the website (as a whole, "Content") and trademarks, labels and logos contained in them (labels) are owned to us or licensed and protected by copyright and trademark laws, and various other intellectual property rights and market laws , international copyright laws and international conventions. The content and tags available on the website are "AS IS" and are intended for the personal use of users as recipients of services and for the business use of our partners as service providers. Except as expressly stated in these Terms of Use, no part of the site and any content or tags may be copied, reproduced, aggregated, repudiated, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purposes, without our express prior written permission.
Provided that you are eligible to use the website, you are granted a restricted license to access and use the site and to download or print a copy of any part of the Content that you have correctly gained access to for predefined use. We reserve all rights that are not explicitly granted to you and on the website, content and tags.
By using the site, you declare and warrant that:
If you provide any untrue, inaccurate or incomplete information, we have the right to suspend or terminate your account and refuse all and any immediate or future use of the site (or any part there is).
You may be asked to register on the site. You agree to keep your password confidential and will be responsible for any use of your account and password. We reserve the right to remove, restore or change the username you choose if we find that such a username is inappropriate in the sense that it is against legal or other regulations, that it offends the rights and interests of other persons, that it offends public policy and public morals, that it compromises public safety and if it is inappropriate in any other sense.
We accept the following forms of payment:
You may need to buy or pay a fee to access some of our services. You agree to provide instant, complete and accurate purchase and account information for all purchases made through the website. Furthermore, you agree to update your account and payment information immediately, including email address, payment method and payment card expiration date so that we can complete your transactions and contact you as needed. To buy a subscription, we charge you an invoice through the online shopping system. Value added tax will be added to the purchase price. We can change prices at any time. All payments must be in HRK.
You agree to pay any costs or fees at prices in force at the time of your purchase, and you authorize us to charge your account for the purpose of automatic renewal of membership fees.
We reserve the right to correct price errors, even if we have already requested or received a payment. We also reserve the right to refuse any order placed through the Site.
We offer new users who register on the site a free 30-day trial. The account will not be charged, and at the end of the free trial, some functionality of the Site will be suspended until your user account is upgraded to the paid version.
You can cancel your subscription at any time and your cancellation takes effect at the end of the current billing cycle.
If you are not satisfied with our services, please send us a [email protected] or in writing to an address posted at the end of this document.
We may provide you with software for use in connection with our services. If such software accompanies an end-user license agreement ("EULA"), the EULA terms will regulate your use of the software. If such software is not tracked by EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation shall be provided "as is" without any warranty, whether express or implied, including, without limitation, implied warranties for sale, suitability for a particular purpose or non-use. You accept any risk adhesed by the use or operation of any software. You may not reproduce or distribute any software except in accordance with EULA or these Terms of Use.
You may not access or use the site for any purpose other than the one for which we make the site available. The site may not be used for any undertakings other than those expressly approved by us.
As a website user, you agree not to:
The website may invite you tochat, participatein blogs, bulletin boards, internet forums and other functions, and we may provide you with the opportunity to create, send, publish, display, transmit, perform, distribute or broadcast content and materials on the site, including but not limited to text, recordings, videos, audio, photos, graphics, comments, suggestions or personal information or other material (collectively: "Contributions"). Contributions can also be seen by other users of the Site through third-party websites. As such, any contribution you make may be treated in accordance with the Site Privacy Policy. When you create or make available any contribution, you thus declare and warrant that:
Any use of the site that violates the above provisions also violates these Terms of Use and, among other things, may result in the termination or suspension of your rights to use the site.
You and the website agree that we may access, store, process and use any data and personal information you provide following the privacy policy provisions and your decisions (including settings).
We do not confirm any ownership of your Contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not responsible for statements made in your contributions that you have submitted to any area on the site. You are solely responsible for your contributions to the site.
We have the right, in our own and absolute discretion,
We have no obligation to monitor your contributions.
By submitting proposals or other feedback regarding the Site, you agree that we may use and share such feedback for any purpose free of charge.
You agree and agree that any questions, reviews, comments, suggestions, ideas, feedback or other information regarding the websites ("Contributions") you have provided to us are not confidential in nature and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to unlimited use and dissemination of Contributions for any lawful purposes, commercial or other, without your recognition or compensation. You hereby waive all moral rights to any such Contribution, and hereby guarantee that any such Contributions are originally yours or that you have the right to submit such a Contribution. You agree that no proceedings will be brought against any alleged or actual violation or embezzlement of any proprietary right in your Contributions.
By publishing your contributions to any part of the site or by contributing to the available website by linking your website account to any of your social media accounts, you automatically make, declare and guarantee that you have the right to grant, to us unlimited, irrevocable, permanent, non-exclusive, transferable, without licenses, fully paid, right and license to serve, use, copy, reproduce, disclose, sell, resell, publish , broadcasting, archiving, storing, publicly performing, publicly displaying, transforming, translating, transmitting, issuing (in whole or in part) and distributing such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and preparing derivative works or such Contributions to include in other works, and authorizing the sublicences of the previous one. Usage and distribution can occur killed by any media format and on any media channels.
This license will apply to any form, medium or technology that is now known or will later be developed and includes our use of your name, company name and franchise name, as appropriate, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and guarantee that moral rights are otherwise not confirmed in your contributions.
We can offer you areas on the site where you will leave reviews or ratings. When you publish a review, you must adhere to the following criteria:
We may, in our own discretion, accept, reject, or remove reviews. We have absolutely no obligation to examine reviews or delete reviews, even if anyone finds the criticism inappropriate or inaccurate. Reviews are not supported and do not necessarily represent our opinions or those of any of our affiliated members or partners. We assume no responsibility for the audit or for any claims, liabilities, or losses incurred by any audit. By publishing the review, you grant us a permanent, non-exclusive worldwide, free of charge, fully paid, transferable, and sublicensing right and license to reproduce, modify, translate, transmit, by any means, display, perform, or distribute all content related to reviews.
If you access the website through a mobile application, we grant you a revocable, non-exclusive, non-transferable, restricted right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms of this mobile application license contained in these Terms of Use. Cannot:
The following terms apply when you use a mobile app from the Apple Store or Google Play (each "App Distributor") to access your website:
As part of the functionality of the website, you can link your account to the internet accounts you have with third-party service providers (each such account: a "third party account") either:
You represent and warrant that you have the right to disclose to us the log-in information of your third-party account or grant us access to your third-party account, without violating any of the terms governing your use applicable to a Third Party Account and without committing us to any fees or obliging us to use restrictions imposed by the third-party service provider for a Third Party Account. By granting us access to any third-party account, you understand that
Depending on the third-party accounts you choose and subject to the privacy settings you have set in such Third Party Accounts, the personal information you publish to your third-party accounts may be available in and through your account on the website. Please note that if a third-party account or associated service becomes unavailable or access to our third-party account is revoked by a third-party service provider, the social network content will no longer be available through the site either. You will have the option at any time to disable the connection between your account on the site and your third-party accounts. Please note that your relationship with a third-party service provider is covered by an appropriate agreement between you and that service provider. We do not bother to review any social network content for any purpose, including but not limited to, accuracy, legality or non-violation of the rules and we are not responsible for any social network content. You agree and agree that we may access your email address book associated with a third-party account and a list of your contacts stored on your mobile device or tablet solely for the purpose of identifying and notifying those contacts who have also registered to use our Site. You can disconnect from the site and your third-party account through your account settings or by contacting us using the contact information below. We will delete all data stored on our servers obtained through such a third-party account immediately upon disconnection from the site and your third-party account.
We allow advertisers to show their ads and other information in specific areas of the site, such as sidebar ads or banner ads. If you are an advertiser, please note that you are solely responsible for any ads you place on the site and any services provided on the site or products sold through those ads. Furthermore, as an advertiser, you warrant and declare that you have all the rights and authorizations to place advertisements on the site, including, but not limited to, intellectual property rights, advertising rights and contractual rights. We simply provide space for placing such ads, and we have no other relationship with advertisers.
We manage the site by:
We take care of privacy and data security. Review our privacy policy published in the document: Privacy Policy. By using the website, you agree to commit to our Privacy Policy, which is incorporated into these Terms of Use. Please note that the equipment (servers) on which the website is located is located outside Croatia, in one of the EU Member States (usually Germany or Ireland). If you access the website from any other region of the world, with laws or other requirements governing the collection, use or disclosure of personal data that differ from applicable EU and Croatian laws, then by constantly using the website, you transfer your data to one of the EU Member States, and you agree to transfer and process your data to the EU. Our equipment is located in the Microsoft Azure Data Center in the Region of Europe.
We respect the intellectual property rights of others. If you believe that any material available on or through the website violates any copyright you own or control, please notify us immediately using the contact information below ("Notice"). A copy of your Notice will be sent to the person who published or stored the material to which the Notice applies. Please note that under applicable law you can be held liable for damages if you make materially erroneous presentations in the Notice. So, if you're not sure that material that's on or associated with the site violates your copyright, you should first seek legal aid.
These terms of use will remain fully in effect during the use of the site. If you do not comply with the provisions of these terms, without limiting any other provision of these Terms of Use, we reserve the right, in our discretion and at free discretion, without notice or liability, to revoke the access and use of the site (including the blocking of certain IP addresses) for any person, for any reason, including without limitation in violation of any representation, warranty or agreement in these terms of use or any applicable law or regulation.
If for any reason we remove or block your account, you are prohibited from registering and creating a new account under your name, alias, false or borrowed name or any third party name, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including the unlimited enforcement of civil, criminal, judicial and legal redress.
We reserve the right to change, modify or remove the content of the site at any time if the maintenance of the site becomes particularly aggravating for us (e.g. site maintenance is financially unprofitable). We will not be liable to you or any third party for any changes, price changes, suspension or termination of the site.
We cannot guarantee that the site will be available at all times. We may experience hardware, software, or other problems, or may need to perform site-related maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, audit, update, suspend, terminate or make any other changes to the site at any time or for any reason without notice. You agree that we bear no responsibility for any loss, damage or inconvenience caused by your inability to access or use the site during the interruption or interruption of the site.
In addition to these Terms of Use, the law of the Republic of Croatia and the European Union applies to the relationship between us and the user and the partner.
In the event of any dispute that would result from our business relationship (any "dispute" and common, "disputes") initiated by you or us (individually, "party" and collectively, "parties"), the parties agree to first try to resolve the dispute a peacefully. Such informal negotiations shall begin with a written notification from one side to the other.
If the dispute is not resolved a peacefully, in the case of legal proceedings, you agree to the jurisdiction of the actual competent court in Zagreb.
The website may contain information containing typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct errors, inaccuracies or omissions and to modify or update the data on the site at any time without notice.
The pages are available to you as they are when they are. You agree that using our services, pages and content on them is your risk. To the extent permitted by law, we waive the warranty, expressed or implied in connection with the website and your use of the site and services. We make no warranties for the accuracy or completeness of content on the website or related pages and assume no liability for any
We do not acknowledge, approve, guarantee or assume liability for any product or service published or advertised through a website from third parties, and links to pages or apps posted in promotional ads and advertisements. As with any purchase of a product or service through any media and in any environment, you should use your best judgment and be vigilant when necessary.
In no event will we, our directors, employees or agents be liable to you or a third party for any immediate, indirect or consequential damages, including lost profits, loss of income, loss of data or other damages resulting from your use of the site or our services, even when advised of the possibility of such damage. All your claims against us for any damages suffered will be limited to the subscription amount for the period in which the damage occurred.
You agree to defend, indemn even consider us innocuous, including our affiliates and all of our officers, agents, partners and employees, against and against any loss, damage, liability or claims of a third party, including reasonable attorney's fees and costs incurred by any third party due to:
Notwithstanding the foregoing, we reserve the right to assume at your expense the exclusive defense and control of any matter for which you are obliged to indemnies us, and agree to cooperate in defending such claims at your expense. We will make reasonable efforts to inform you of any such lawsuit, action, or proceeding that is subject to damages once we become aware of them.
We will retain certain information that you send to the site for the purpose of managing the performance of the site, as well as information related to your use of the site. Although we regularly back up your data, you are solely responsible for any information you transfer or that relates to any activity you have undertaken using the site. You agree that we will not be liable for any loss or destruction of any such information, and you waive any right to act against us resulting from such loss or destruction of data.
Visiting the site, sending emails and filling out online forms make up electronic communication. You agree to receive electronic communications and agree that all contracts, notices, disclosures and other communications we provide to you in electronic form, by email and on the website, meet all legal obligations to keep such communication in writing. Here you agree to the use of electronic signatures, contracts, orders and records and to the electronic delivery of notices, notes, policies, transaction records committed or executed by us or by the site. You hereby waive any rights or requirements in accordance with any statute, regulations, rules, provisions or other laws in any jurisdiction that require the original signature or delivery or retention of non-electronic records or payments in any way other than electronic means.
These Terms of Use and any policies or rules of operation that we publish on the site or in connection with the site constitute the entire agreement and understanding between you and us. Our failure to exercise any right or provision of these Terms of Use does not act as a waiver of such right or provision. These terms of use shall act to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or inaudation caused by any cause beyond our reasonable control. If a provision or part of a provision of these Terms of Use is found to be unlawful, invalid or unenforceable, that provision or part of the provision shall be deemed to be set aside from these Terms of Use and shall not affect the validity, enforceability and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship through you and us as a result of these Terms of Use or Use of the Site. You agree that these Terms of Use will not be interpreted against us on the basis of their compilation. You hereby waive any defenses you may have had based on the electronic form of these Terms of Use and the lack of signatures from the parties to enforce these Terms of Use.
To resolve your possible complaint about the website or to obtain additional information regarding the use of the site, please contact us at:
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