Terms of use

Terms of Use

Date: 01.05.2021.

Hoteza do.o., Croatia, Zagreb (City of Zagreb) Strojarska cesta 20, VAT No: 37501324546 Company registered in the company register of Commercial Court in Zagreb under the number MBS: 04390415, owner: Damir Knežević.

  1. Introduction

We welcome you to use the services of Hoteza d.o.o. and its affiliates (“Hoteza”, “we”, “us”, “our”). Services governed by these Terms of use is the use of Hoteza website located at www.hoteza.eu (“Service”).

These Terms of Use (collectively, the “Terms”) set forth legally binding terms and conditions which are applicable to your use of the Service, however, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and Hotezaand define the rights and responsibilities that you have with respect to the Service. It is important that you read and understand the Terms. By accessing or using the Service you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy available at Hoteza Privacy Policy and that you agree to be bound by this agreement. Consequently, if you do not accept or understand the Terms, please do not use, access or register with the Service. If you do not agree to these Terms, you are not entitled to use the Service or cease using the Service.

The terms “you” and “user” shall refer to all individuals. By using the Service, you represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.

In addition to these Terms, you agree to abide by any supplemental policies and terms related to the Service, such as policies related to specific services as well as all other operating rules, policies, and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.

 

  1. Modifications to These Terms of Use

From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service. You can tell when changes have been made by referring to the “Last Update” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes.

If you continue to use the Service following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms or our Privacy Policy, please see our contact information on the last page of these Terms.

  1. Eligibility

The use of this website is permitted only to the persons above the age of 15.

Use of the Service is subject to your continued compliance with these Terms.

You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions. For the avoidance of doubt, the paid use of Hoteza software products and services is not covered by these Terms.

You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If the information you have provided to Hoteza subsequently becomes inaccurate, misleading or false, you will promptly notify Hoteza of such change.

You are solely responsible for your use of the Service and for any costs you incur to access the Service through any Internet, wireless or another communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network. Check with your carrier to determine the fees that apply.

  1. Third-Party Material

The Service may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.

We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.

  1. Intellectual Property

These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All rights, title, and interest, including without limitation any copyrights, patents, trade secrets, and other intellectual property rights in the Service will remain Hoteza’s sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title, and interest in the foregoing, will belong to Hoteza or to third parties. We reserve all rights not expressly granted in these Terms.

You agree that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trade secrets, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means.

User Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports, or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions toHoteza. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Prohibited Activities

The list below contains examples of behaviors that are prohibited in the Service:

  • Impersonating another person or entity;
  • Accessing or using the Service in an unlawful way or for any unlawful purpose;
  • Transmission of any data, materials, content, or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
  • Transmission of viruses, malware, or other malicious code in the Service;
  • Modification, reverse-engineering, or other manipulation of the Service; and
  • Interfering with or disrupting, the Service.

 

  1. Copyright Infringement

Hoteza technology is protected by copyright and Hoteza respects the copyright of any third party. If you believe copyright-protected work was posted on the Service without authorization, you may submit a copyright infringement notification (through info@hoteza.eu). We will review all claims of copyright infringement received or distributed in violation of any such laws. To make a claim, please provide us with the following:

  1. the name and contact information of the copyright holder or his/her representative who is making the notification (the “Notifying Party”);
  2. an itemization of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Service;
  3. confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network;
  4. information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified;
  5. confirmation by the Notifying Party that he/she is the holder of the copyright or neighboring right or entitled to act on behalf of the holder of the right.

 

  1. Privacy and Security

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. By using the Service, you are aware of the rights and obligations as defined in Hoteza Privacy Policy and shall act in accordance with all applicable laws and regulations related to personal data and data security.

In addition to what is stated in the Privacy Policy, you agree to:

  • Respect the privacy of other users;
  • Not engage in unauthorized collection of users’ information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without authorization from Hoteza;
  • Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, or any information that may otherwise be used to track, contact or impersonate another individual (and/or is prohibited by law to be collected and shared);
  • Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.

 

  1. No Warranty

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON, AS WELL AS WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS.

HOTEZA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GIVE ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM THE APPLICATION AND YOU RELEASE US FROM ANY LIABILITY THAT MIGHT RESULT FROM THE USE OF THE SERVICE.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
  3. ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES IF ANY, THAT YOU HAVE PAID TO AGRIVI FOR ACCESS TO AND USE OF THE SERVICE.

IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.

  1. Indemnity

You agree to defend, indemnify and hold Hoteza (and our subsidiaries, affiliates, partners, officers, directors, employees, and agents) harmless from and against any claim or demand, expenses (including attorneys’ fees), losses, requests for damages made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

  1. Entire agreement

These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including Hoteza Privacy Policy), contain the entire understanding between You and Hoteza and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

  1. Waiver and Severability

Hoteza’s failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

  1. Governing Law and Resolution of Disputes

The laws of the Republic of Croatia, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action, or dispute arising out of or relating to these Terms will be brought solely in the courts of Zagreb.

  1. Assignment

Hoteza may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you are ineffective.

  1. Termination

Hoteza reserves the right to discontinue offering the Service or any part thereof or to suspend, remove, modify or disable access to the Service at any time in its sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, Hoteza may also, in its sole discretion, terminate or suspend your access to the Service at any time. In no event will Hoteza be liable for the removal of or disabling of access to the Service or any part thereof. Hoteza may also impose limits on the use of or access to the Service, in any event, and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such an event, Hoteza shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

  1. Contact

The Service is operated and provided by Hoteza d.o.o.. If you have any questions about these Terms, please contact us at info@hoteza.eu