These Terms of Service are effective from November 1st 2018
Please read these Terms of Service carefully. I recommend that you print off a copy of these Terms of Service for your records, as well as any future versions of them, as we may update them from time to time.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 13 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 14 (INDEMNIFICATION), 15 (DISCLAIMERS) AND 16 (AGE RESTRICTIONS ON USE OF OUR WEBSITE).
If for any reason whatsoever you do not agree to these Terms of Service or do not wish to be bound by them, you must not access or use my website.
2. Your responsibility for others who access our website using your device or internet connection
You must ensure that any persons who access my website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Service and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Service. If for any reason whatsoever, such persons do not agree to these Terms of Service or do not wish to be bound by them, they must not access or use my website, and you must not permit them to do so.
3. Other documents governing your use of my website
In addition to these Terms of Service, your use of my website is also governed by the following documents:
4. Availability of our website
I make no representations and provide no warranties that:
– the website will be made available at any specific time or from any specific geographical location;
– your access to the website will be continuous or uninterrupted; or
– the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
I reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever I anticipate that I need to suspend access to the website for a considerable period of time, I will try to provide you with prior notice where reasonably practicable.
My website is provided for users in Croatia only. Although it may be possible to access the website from other countries, I make no representation that my website is compliant with any legal requirements in force in any jurisdiction other than Croatian, or that the content available on the website will be appropriate for users in other countries or states.
– to reflect any changes in the way I carry out my business;
– to account for any changes I make to my website, including, without limitation, any new features or functionality I provide, any adjustments to the means by which I provide notices to you, or any changes in the content, purpose or availability of the website;
– to accurately describe my current data-processing activities so that you are kept up to date with our latest practices;
– to ensure that my documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
If required by law, I will provide you with notice of any changes in these Terms of Service or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Service or other such documentation on my website with a new effective date stated at the beginning of them.
You must check these Terms of Service and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
6. Your account details
– If I provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
– Where I provide you with the option to select your own login information, including a password, I recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
– You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. I prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide me upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
– I reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Service or any other documentation referred to in them, including, without limitation, where I suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.
If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify my by email, at [email protected]
7. Ownership of material on my website
– All trade marks, service marks, trade names, logos, copyright and other intellectual property rights on my website and its content are either owned by me or licensed to me. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by me.
The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with me. Except as expressly provided in these Terms of Service, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Service or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of my trade marks will benefit me exclusively.
8. Information and content on my website provided on non-reliance basis
– My website is made available to you in order to provide you with general information about me, my business, and any products or services that I offer from time to time. I do not make my website available for any other purposes, except as expressly provided in these Terms of Service.
– The content on my website is not intended to be construed as advice. You must not rely on any of the content on my website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on my website at any time.
I make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on my website from time to time are accurate, up to date or complete.
9. Permitted use of materials on my website
– The content on my website is provided for your personal, private and non-commercial use only. You may print or share the content from my website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on my website. You may not otherwise extract, reproduce or distribute the content of my website without my prior written consent.
– Whenever you print, download, share or pass on content from my website to others, you must not make any additions or deletions or otherwise modify any text from my website, you must not alter or change any images, media or graphics from my website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on my website.
– You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from my website without my prior written consent.
– Whenever you pass on any content or materials from my website to anyone, you must acknowledge me as the author of such content or materials (or any other authors wherever credited by me) at the time when you pass on such content or materials.
10. Prohibited uses of my website
– You must not reproduce, duplicate, copy or resell any part of my website or any content from my website, save and except to the extent expressly permitted in these Terms of Service.
– You must not, without my prior written consent, access, interfere with, damage or disrupt in any way my website or any part of it, my systems, any of my hardware or equipment or any networks on which my website is hosted, any software that I use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by me or any third party.
– You must use my website for lawful purposes only and in accordance with these Terms of Service. You must not use my website:
* for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
* for any fraudulent purposes whatsoever;
* to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by me;
* to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, my hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
* to communicate with, harm or attempt to harm children in any way; or
* in any way or for any purpose that breaches these Terms of Service or the terms of any of the documents these Terms of Service refer to.
– You must not submit any information about you to me if you are under the age of 18, or about any other person who is either:
* under the age of 18; or
* if they are aged 18 or above, where you have not received their prior written consent to submit information about them to me.
– You must not submit to me any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
– If you accidentally or intentionally submit such information to me, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
11. Viruses and other harmful content
– I do not guarantee that my website does not contain viruses or other malicious software. However, I do make reasonable efforts to prevent such viruses or bugs from being uploaded to my website.
– I shall not be responsible for any bugs or viruses on my website, or any software that might be transferred to your computer from my website, or any consequences which the presence or operation of such programs may have.
– You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
– You must not upload or otherwise introduce to my website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
– You must not use any third parties, software or technology to attempt to gain unauthorised access to my website, my servers, systems, hardware, software or data.
– You must not attempt to perform any denial of service type attack on my website.
– You must not perform any action which would contravene the Computer Misuse Act 1990.
– I may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
12. Links to other websites
– Links to third party content or websites may appear on my website from time to time. I am not responsible for the content of any websites accessible via any link(s) on my website. All content on third party websites is outside of my control, and I do not represent or warrant that such content is related to me or my website, suitable or appropriate for use or viewing, lawful or accurate.
13. Links to my website
– You may not link to my website without my prior written consent.
– Where you have obtained my consent to link to my website:
* you may provide links to my website on other websites owned by you, provided that such websites and the use of any links to my website comply with these Terms of Service;
* wherever you post a link to my website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards me, which misrepresents me or my business, or which causes any harm whatsoever to me or my business; and
* you must not link to my website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with me where none exists and in any event, without having first obtained my prior written consent.
– I may withdraw permission to link to my website at any time. In the event that I withdraw permission to link to my website and inform you of the same, you must immediately remove or cause to be removed any links to my website.
14. EXCLUSIONS AND LIMITATIONS OF LIABILITY
– I do not exclude my liability to you where it would be unlawful to do so, for example, for death or personal injury caused by my negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
– SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING MY PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
* YOUR USE OF MY WEBSITE;
* ANY CORRUPTION OR LOSS OF DATA;
* ANY INABILITY TO ACCESS MY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF MY WEBSITE (FOR ANY REASON WHATSOEVER);
* ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON MY WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
* ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
* ANY LOSS OF REPUTATION OR GOODWILL;
* ANY LOSS OF SAVINGS;
* ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
* ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
– I SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY ME.
– You specifically agree that I shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
– YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, MY ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ME, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY ME.
To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
– You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at my request), indemnify and hold me harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
* your uploads, access to or use of the website;
* your breach or alleged breach of these Terms of Service;
* your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
* your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
* any misrepresentation made by you.
You will cooperate as fully required by me in the defence of any claim. I reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without my prior written consent.
– THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, I DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
* THE SERVICE;
* THE WEBSITE CONTENT;
* USER CONTENT; OR
* SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.
IN ADDITION, I HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
– BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
– I DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
17. AGE RESTRICTIONS ON USE OF MY WEBSITE
• My website and any products or services available on or via the website are not intended for use by individuals under the age of 18.
• IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE MY WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF MY PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO ME.
I do not knowingly or intentionally process information about any individual under the age of 18.
18. Governing law and jurisdiction
– These Terms of Service, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with Croatian law.
The court of Croatia shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Service and any documents they refer to.
19. Copyright, credit and logo
The copyright in these Terms of Service is either owned by, or licensed to, me and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on my website, including any content on my website, are reserved.
20. 2. What are Cookies?
A cookie is a small file and holds a certain amount of data, which my website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by my web server. This cookie data can then be retrieved and can allow me to customise my web pages and services accordingly. It is important to clarify that cookies do not collect any personal data stored on your hard drive or computer.
I use one analytics package in order to constantly improve your browsing experience on my website(s).
20. 4. Social Media Third Party Cookies?
20. 5. How to Control and Delete Cookies?
For more information on how to control your cookie settings and browser settings, or how to delete cookies on your hard drive, please visit www.allaboutcookies.org.