General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE
- GENERAL PROVISIONS
Belje plus d.o.o. Darda, Svetog Ivana Krstitelja 1a, (hereinafter: Belje) provides interactive online services via Websites at the following domains:
The service comprises the provision of services and content management. For the purpose of these General Terms and Conditions of Use, the term “Website” is understood to comprise all Websites found within the aforesaid domains. These Terms and Conditions of Use stipulate the terms and rules related to the use of the Website by End Users.
By using and accessing these Websites (except in the case of reading these Terms and Conditions for the first time), the End Users state to have read and understood the Terms and Conditions of Use, that they are familiar with and entirely accept the terms and rules stated herein and agree to use the Websites in compliance therewith.
The right to use the Websites is not transferrable to other natural or legal persons. The End User is personally responsible for safeguarding the confidentiality of passwords, where they exist.
The End User is familiar with the fact of occasional discontinuation, unavailability and/or shutdown of services (routine maintenance and the like) or force majeure events and Belje is not liable for any loss of data that may occur during the transmission of information in the Internet. The End User agrees and accepts that for the aforesaid reasons access to the Websites may be discontinued, temporarily unavailable or shut down.
Information on this Website may include technical inaccuracies or typographical errors. Belje does not declare nor guarantee, whether explicitly or implicitly, that the content of the Website and/or related sites is complete or updated; that the Website and/or the related sites will always be accessible and available and that they will not cause any damage to users, registered users or third parties. Any user and registered user explicitly accepts to use this Website at their own risk and shall exclusively bear all possible costs related to the maintenance or repair of computer equipment. Any guarantee provided on these Websites is solely related to products or services provided by Belje.
Belje reserves the right to change or discontinue the Website at any point in time, including, but not limited to, its content, time of availability as well as the equipment required to access or use the Websites. Belje is authorized to cease publishing any part/type of information and change or discontinue any form of data transmission, it may change the speed of data transmission as well as any other of its features. Information may be changed without prior notification. Belje may also, at any time, make improvements and/or alterations to products and/or programs described herein, without prior notification. Unless the User accepts the Terms and Conditions of Use, they are obliged to refrain from accessing and using the Websites.
Belje reserves the right to revise the Terms and Conditions of Use at any point in time as well as discontinue access to the Websites without prior notification.
- CHANGE OF TERMS AND CONDITIONS OF USE
The User undertakes to re-read the Terms and Conditions of Use from time to time in order to familiarize themselves with possible changes. If the User uses the Websites after the Terms and Conditions of Use were changed, it is presumed that they have familiarized themselves with the changes, understood them and entirely accept them. We disclaim liability for any damage incurred by the users, registered users or third parties due to such changes.
- COMPUTER EQUIPMENT
The End User is exclusively and solely responsible for the purchase, use and maintenance of their computer equipment, including but not limited to the entire software and hardware they possess and use, as well as other equipment required to access and use the Belje Websites and for all costs related thereto. Belje shall not be liable for any damage to the End User’s equipment that may occur as a consequence of using these Websites.
- END USERS’ BEHAVIOUR
These Websites as well as any other Websites that are currently or will at a later point be contained in or otherwise available by way of external links to the Websites, are the private property of Belje.
Any mutual interaction taking place via these Websites must be in compliance with the Terms and Conditions of Use and all activities of the users related to the use of these Websites are required to be in compliance with the statutory provisions of the Republic of Croatia currently in force.
It is prohibited to publish, use, transmit, send and exchange content and materials that are in breach of or jeopardize privacy, that are vulgar or otherwise undesirable in normal communication, that jeopardize and/or breach the rights of others, and particularly content and materials that are by their nature illegal, jeopardizing, insulting, defamatory, that insult/violate the statutory provisions of the Republic of Croatia currently in force, particularly illegal, false or untrue, misleading, insulting, defamatory, vulgar, obscene, threatening, disturbing, racist or chauvinist content, content that violates intellectual property rights of third parties or other users as well as other inappropriate content or content that may cause damage to the company Belje and its affiliated companies, other users or third parties including, among other matters, content that induces conduct constituting a criminal offence, that gives rise to civil liability or otherwise breaches any provision and that, without the explicit prior written approval of the company Belje, contains advertisements or offers of anyone’s products and services. The End User must not use these Websites to advertise or perform any commercial, religious, political or non-commercial promotion, including inviting the users of these Websites to become members of another online or offline service that constitutes direct or indirect competition or potential competition to Belje.
Any End Users’ behaviour that, in Belje’s discretionary opinion, should limit or disable any other End User in using the Websites, is strictly prohibited.
- INTELLECTUAL PROPERTY
These Websites contain materials protected by copyright, trademark or design and other information covered by other natural or legal persons’ rights including, but not limited to, texts, software, photos, video material, graphics, music, sound as well as the entire content of the Websites, in compliance with the regulations of the Republic of Croatia. All materials (texts, photos, pictures, drawings, audio and video materials etc.), protected signs of products and services (trademarks), logos and other content found on the Websites are the exclusive right of the company BELJE or are used with the explicit approval of the copyright holders as well as trademark and/or design holders. BELJE is the registered trademark of the company Belje and hence all rights related to that trademark are therewith explicitly reserved. Unless stated otherwise, all other trademarks that appear in the system are the intellectual property of their holders. Belje is the copyright holder with regards to the selection, coordination, uploading and improvement of such content as well as of rights related to the original content.
ANY COPYING, DISTRIBUTION, TRANSFER, PUBLICATION, REPRODUCTION, ALTERATION, REVISION, TRANSMISSION, LINKING, IN-DEPTH LINKING, CREATING OF DERIVATIVES OF THESE WEBSITES OR CHANGING THEM IN ANY OTHER WAY WITHOUT THE EXPLICIT APPROVAL IN WRITING FROM THE COMPANY BELJE IS STRICTLY PROHIBITED! Any violation hereof that may result in breach of copyright, trademark or any other intellectual property rights may lead to civil or commercial proceedings and/or criminal prosecution and/or infringement proceedings against the perpetrator. It is not allowed to copy, redistribute, re-transmit, issue or commercially use the downloaded materials without the explicit approval in writing from the company Belje and the copyright holder.
The End User may download, print and save copyright-protected materials only for own use. Using and printing content from the Websites is only allowed for information purposes and personal, non-commercial purposes of the user.
The End User undertakes not to post, publish or make otherwise available on these Websites any material subject to copyright, trademark or other intellectual property rights without the explicit approval of the holders of such rights. The End User is solely and exclusively liable for any damage that may occur due to copyright infringement, misuse of trademarks and other intellectual property rights or any problems arising in connection with the publication of such materials.
Belje is not obliged to inform the End User or help them determine whether a specific material is subject to copyright.
By posting materials on any publicly available part of these Websites, the End User guarantees under criminal and material liability to be the holder of rights on those materials and explicitly provides the company Belje with the free, permanent, non-returnable, non-exclusive right to use, publish, reproduce, modify, adjust, distribute publications, translate and/or distribute such materials (in part or in whole) worldwide for an indefinite period of time. The End User also entitles other end users to access, browse, store or reproduce such material for own use.
The terms and conditions set forth in this Chapter equally apply to the benefit of the company Belje as well as its subsidiaries, affiliated companies and third party service providers and licenced companies and each of them has the right to directly apply such terms and conditions on their own behalf.
- LICENCES AND TRADEMARKS
By publication on or via the Websites, the End User has provided the company Belje with a free and unlimited, both in terms of territory and time, license to utilize, use, reproduce, change, publish, adjust, translate, distribute, implement and display such communication, by itself or as part of a larger whole, in any form, on any medium or by means of any technology, whether currently known or developed at a later point, and share such rights with multiple providers.
By using or accessing this Website the User shall not acquire, explicitly nor implicitly, any license or right to use a trademark, patent, design, copyright or any other right belonging to the company Belje and/or a third party. Users and registered users bear the responsibility for complying with copyrights and other intellectual property rights with regards to such content.
- STATEMENT OF ASSURANCE AND LIMITATION OF LIABILITY
THE END USER EXPLICITLY AGREES THAT THE USE OF THESE WEBSITES IS AT THE EXCLUSIVE RISK OF THE END USER. NEITHER THE COMPANY BELJE, ITS SUBSIDIARIES, PARENT COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS OR LICENSED COMPANIES GUARANTEE THAT THE USE OF THIS WEBSITE WILL NOT BE DISCONTINUED OR THAT IT WILL BE WITHOUT ERRORS; NOR DO THEY PROVIDE GUARANTEE FOR (I) THE CONSEQUENCES THAT MAY RESULT FROM USING THIS WEBSITE OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR GOODS PROVIDED VIA THESE WEBSITES.
THIS LIABILITY DISCLAIMER APPLIES TO ANY DAMAGE, DIRECT OR INDIRECT, OR POSSIBLE INJURY CAUSED BY ANY POOR CHARACTERISTICS, MISTAKE, EXCLUSION, DISCONTINUATION, ERASURE, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SHUTDOWN OF COMMUNICATION LINE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, CHANGES TO OR MISUSE OF RECORDINGS, TERMINATION OF AGREEMENT, INAPPROPRIATE BEHAVIOUR, NEGLIGENCE OR ANY OTHER ACTION. THE END USER EXPLICITLY CONFIRMS THAT THE COMPANY BELJE IS NOT LIABLE FOR THE INSULTING, INAPPROPRIATE OR UNLAWFUL BEHAVIOUR OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE THAT MAY OCCUR IN CONSEQUENCE OF THE ABOVE LIES COMPLETELY WITH THE END USER.
BY NO MEANS SHALL THE COMPANY BELJE OR ANOTHER NATURAL OR LEGAL PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THESE WEBSITES OR THE CONTENT RELATED THERETO, NOR ANY SOFTWARE, BE LIABLE FOR ANY DAMAGE INCURRED IN CONSEQUENCE OF THE USE OR THE INABILITY TO USE THESE WEBSITES. THE END USER EXPLICITLY CONFIRMS THAT THE TERMS AND CONDITIONS OF THIS CHAPTER APPLY TO THE ENTIRE CONTENT OF THESE WEBSITES.
SUBJECT TO THE TERMS AND CONDITIONS STATED ABOVE, NEITHER THE COMPANY BELJE NOR ITS PARENT COMPANY, SUBSIDIARIES, INFORMATION PROVIDERS OR PARTNERS EDITING THE CONTENT, SHALL BE LIABLE, IRRESPECTIVE OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES OR OTHER SHORTCOMINGS, INAPPROPRIATENESS OR UNORIGINALITY OF INFORMATION FOUND ON THESE WEBSITES OR FOR ANY DELAY OR DISCONTINUATION OF TRANSMISSION OF INFORMATION TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM. NONE OF THE PARTIES MENTIONED ABOVE SHALL BE LIABLE FOR ANY CLAIMS OR LOSSES INCURRED BY THIRD PARTIES, INCLUDING LOST PROFITS.
THE COMPANY BELJE IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER OR UNAUTHORISED USER MAY POST ON THESE WEBSITES. ANY POSTED CONTENT THAT IS OR MAY BE CONSIDERED INAPPROPRIATE MAY AT ANY TIME BE REMOVED BY THE COMPANY BELJE. BELJE RESERVES THE RIGHT TO CHANGE, ADJUST, ALTER, ERASE OR REMOVE ANY CONTENT IT CONSIDERS TO BE INAPPROPRIATE. BELJE SHALL BY NO MEANS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING FROM THE USE OF THIS OR OTHER WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DISCONTINUATION OF WORK, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DATA PROCESSING SYSTEMS OR OTHERWISE, EVEN IF WE WERE EXPLICITLY NOTIFIED OF SUCH DAMAGE.
Belje reserves the right to immediately cancel any passwords or user accounts of the End User in case of any behaviour of the End User that the company Belje, at its own discretion, considers to be unacceptable, as well as in any case of non-compliance herewith by the End User. In case of cancellation of passwords or user accounts, the terms and conditions between the End User and Belje shall not cease to be in effect.
Belje intends to use the names, logos, signs, trademarks and other protected content that appears on this Website solely on those territories for which it is authorized pursuant to the registration or trademark application, pursuant to a license or otherwise. For the avoidance of doubt, Belje herewith declares that it has no intention of using names, logos, signs, trademarks and other protected content on territories for which it is not authorized and it shall not deliver nor offer products and/or services designated with such protected content on such territories.
The use of such protected content on this Website contrary to the provisions hereof or its misuse is strictly prohibited.
Belje has the right, but not the obligation, to inspect the content on these Websites at any time, including any chat rooms and forums that may be contained as part of these Websites, in order to secure compliance with and observance of these Terms and Conditions of Use and any other regulations set forth by the company Belje, as well as the compliance with any relevant laws, regulations or other acts. Without prejudice to the previous items, Belje reserves the right to remove any material that it finds, at its own discretion, not to be in compliance with the rules set forth herein or that it considers to be questionable otherwise. Belje is not obliged to respond to interactive content.
Belje shall bear no responsibility with regards to the accuracy of information provided and the use of such information shall be at the risk of the recipient. Belje does not provide any security that any problems reported with regards to the use of any information provided by Belje will be resolved. By providing information Belje does not grant any licenses for any copyrights, patents or any other intellectual property rights.
The End User acknowledges that all comments, private messages, forums, chat rooms and/or other ways of sending messages or mutual communication (hereinafter – Communities) are public and not private in nature and that therefore BELJE employees may survey the communication of End Users without their knowledge and explicit consent.
BELJE does not control and/or authorize the content of messages or information that can be found in any Communities and is therefore not liable for any activities in consequence of the participation of the End User in any of the Communities, including the liability for possible disputable content.
- DATA CONFIDENTIALITY
Belje does not want to receive confidential information or information related to ownership from the User via this Website. Any information or materials sent to Belje shall be treated as NOT confidential. By sending information or materials to Belje, the User provides Belje with the unlimited and irrevocable license to use, copy, display, perform, change, transmit and distribute those materials or information and also agrees that Belje may freely use and ideas, concepts, knowledge or techniques for any purpose whatsoever. However, Belje shall not disclose the name of the User or otherwise publish the fact that the User has provided the materials or other information, unless: (a) we obtain permission from the User to use their name; or (b) (it is) subject to prior notification sent to the user that the materials or other information sent to a specific part of these Websites will be published or otherwise used in connection with their name; or (c) we are obliged to do so by the law.
Any type of communication from the End User is considered not to be confidential. If certain Websites permit the publication of communication treated by Belje as confidential, such fact shall be stated on those Websites. By publishing comments, messages or other information on the Websites the End User provides the company Belje with the right to use such comments, messages or information for promotion, advertising, market research or any other legally permitted purposes. For more information please refer to the Data Confidentiality Statement of the company Belje.
Materials sent or made available via the Websites are not and shall not be considered business secrets, secret or confidential. By providing materials via the Website you authorize Belje and/or its affiliated companies to use them for any purpose without limitation, including copying, transmission, publication, broadcasting or using in any other way, without the obligation to pay any fee.
The End User agrees to indemnify and hold harmless the company Belje, its parent companies, subsidiaries, their responsible persons, employees and agents, against any claims for compensation of damage and costs, including the costs of legal representation, that the End User might incur by using these Websites.
- THIRD PARTY CONTENT
Belje, as well as Internet Service Providers (ISP), is the distributor (and not the publisher) of content provided by third parties and End Users. Any opinions, advice, statements, services, offers or other information or content posted by third parties, including public information providers or any end users, come from their respective authors or distributors and not from the company Belje. Neither Belje nor third party information providers guarantee for the accuracy, completeness or usefulness of any content or its sellability or appropriateness for any particular purpose.
Information available on the Websites that represents opinions and appraisals from a respective information provider, end user or another user who is not in a contractual relationship with the company Belje, has not been authorized by the company Belje and it can hence not be responsible for the accuracy or reliability of any opinion, advice or statement published on the Websites by anyone who is not an authorized employee of Belje or who does not act by virtue of the office. Under no circumstances shall Belje be liable for any loss or damage arising from the End User having relied on information obtained through the Websites. Any responsibility to assess the accuracy, completeness or usefulness of any information, opinion, standpoint, advice or other content available through the Websites lies with the End User.
Belje’s Websites contain links to third party Websites maintained by other content providers. Such links have only been posted for the sake of convenience and not as a verification of the content of third party Websites by Belje and Belje explicitly disclaims any connection with the content or accuracy of materials found on third party Websites.
- INVALID PROVISIONS
In case individual provisions of the Terms and Conditions of Use should be null and void, this shall have not impact on the validity of any other provision hereof and the remaining parts of these Terms and Conditions shall remain effective.
- WAIVER OF RIGHTS
In case any party should not make use of their rights under these Terms and Conditions, that shall not be considered a waiver or loss of such rights in the future, nor of any other rights set forth hereunder.
- RESOLUTION OF DISPUTES
Any matters not governed hereunder shall be subject to the provisions of the Civil Obligations Act.
The parties shall strive to resolve any disputes hereunder amicably. Any disputes or claims that may arise in consequence of the use of these Websites, in connection with these Terms and Conditions or their implementation shall be resolved by the competent court in Zagreb in accordance with the applicable substantive laws of Croatia.
- APPLICATION OF THE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use shall apply as of 1st April 2019 until revocation by Belje plus d.o.o.
BELJE plus d.o.o.