1. General

PIK VRBOVEC plus d.o.o., Vrbovec, Zagrebačka 148 (hereinafter PIK Vrbovec) shall provide interactive online service on the website at the domain of pik-vrbovec.hr. The service shall include the provision of information services and content management. The term «website» in these Terms of Use means all the webpages within the domain of pik-vrbovec.hr. These Terms of Use prescribe the conditions and rules applying to the use of the website by end users.

By using and accessing this website (except when reading these Terms for the first time) end users declare that they have read and understood the Terms of Use, that they are completely familiar and agree with the terms and rules presented here and that they agree to use the website in accordance with them.

The right to use the website shall not be transferrable to other natural or legal persons. The end user shall be personally responsible for protecting his passwords where applicable.

The end user is familiar with the fact that there are occasional interruptions, inaccessibility and/or shutdown of services (regular maintenance etc.), force majeure, and PIK Vrbovec shall not be liable for any loss of data that may occur when transmitting information on the Internet. The end user agrees and accepts that for the reasons mentioned the access to the website may be interrupted, temporarily unavailable or shut down.

The information on this website may contain technical inaccuracies or typographical errors. PIK Vrbovec does not declare or guarantee, explicitly or tacitly, that the content of the website and/or related websites is complete or up to date; that the website and/or related websites will always be accessible and available, and that it will not cause damage to users, registered users or third parties. Every user and registered user shall explicitly accept the use of this website at his own responsibility and shall cover any expenses related to the maintenance or repair of the computer equipment. Any guarantee provided on the website shall solely apply to the products or services provided by PIK Vrbovec.

PIK Vrbovec reserves the right to modify or terminate the website at any time, including without limitation the content, time of access, and the equipment necessary to access and use the website. PIK Vrbovec shall be authorised to stop publishing any part/type of information and modify or terminate any data transfer method, change data transfer speed and any other characteristics. Information may be changed without prior notice. PIK Vrbovec may also, at any time, undertake improvements and/or changes in products and/or programs described here, without prior notice. If the User does not accept the Terms of Use, he shall refrain from using the website.

PIK Vrbovec reserves the right to review the Terms of Use at any time and to deny access to the website without prior notice.

2. Amending Terms of Use

PIK Vrbovec reserves the right to terminate or modify at any time, at its own discretion, any of the here noted Terms of Use and/or the Non-disclosure statement. Any modification or termination of terms and rules shall become effective immediately upon its publication on the website. Any use of the website by the end user after such notification shall be understood as acceptance of the modifications.

The User shall periodically re-read the Non-disclosure statement to learn about any changes. If the User uses the website after the Non-disclosure statement has been amended, it shall be presumed that he has learned, understood and fully accepted the amendments. Liability for any damage caused to users, registered users or third parties due to such amendments shall be excluded.

3. Computer equipment

The end user shall be the only and solely responsible for purchasing, using and maintaining his computer equipment, including without limitation the entire software and hardware he possesses and uses, as well as other equipment necessary to access and use the website of PIK Vrbovec, and all the related expenses. PIK Vrbovec shall not be liable for any damage to the equipment of the end user as a consequence of using this website.

4. End user behaviour

This website, as any other website included now or subsequently or in any way accessible through external links to the website, shall be the private property of PIK Vrbovec.

Any interaction conducted through this website shall be in accordance with the Terms of Use and shall require the user that all the activities related to the use of this website be in accordance with the relevant legislation of the Republic of Croatia.

It is prohibited to publish, use, transfer, send and exchange materials and content that compromise or violate privacy, are vulgar or in other way undesirable in normal communication, that jeopardize and/or violate the rights of others, especially the materials and content that in their nature are unlawful, compromising, offensive, libellous, violating the relevant legislation of the Republic of Croatia, particularly the unlawful i.e. untrue, misleading, offensive, libellous, vulgar, obscene, threatening, unsettling, racist or chauvinist content, the content that violates intellectual property rights of third parties, the content that without authorisation discloses personal information or violates the right to privacy of third parties or other users, as well as other inappropriate content and the content that can inflict damage to the company PIK Vrbovec and its affiliated companies, other users or third parties, which among other things includes the content that instigates criminal behaviour sanctioned under criminal law, or that in any other way violates any regulation or without explicit prior approval in writing by PIK Vrbovec contains advertising or offers anybody’s products and services. The end user shall not use this website to advertise or exercise any commercial, religious, political or non-commercial promotion, incl. encouraging the users of this website to join another online or offline service that is direct or indirect competition or possible competition to PIK Vrbovec.

Any behaviour of the end users that in the discretion of PIK Vrbovec limits or prevents any other end user from using the website shall be strictly forbidden.

5. Intellectual property

This website contains materials protected by copyright, mark, design, and other information covered by other rights of natural or legal persons, including without limitation texts, software, photographs, video materials, graphics, music, soundtrack, as well as the entire content of the website, in accordance with the legislation of the Republic of Croatia. All the materials (texts, photographs, images, drawings, audio and video materials etc.), products and services trademarks, logos and other content on the website, shall be the sole copyright of the company PIK Vrbovec, or shall be used with the explicit approval of the copyright holder and the trademark and/or design holder. PIK Vrbovec is a registered trademark of the company PIK VRBOVEC plus d.o.o., and the rights to this trademark are, therefore, explicitly reserved. Unless provided otherwise, all the other trademarks appearing in the system are the intellectual property of their respective holders. PIK Vrbovec is the copyright holder in regard of the selection, coordination, upload and improvement of such content, as well as of the rights related to the original content.

ANY COPYING, DISTRIBUTION, TRANSMISSION, PUBLICATION, REPRODUCTION, MODIFICATION, REVIEW, TRANSFER, LINKAGE, CONNECTING ON DEEP LEVEL, CREATING DERIVATIVES OR OTHER MODIFICATION OF THIS WEBSITE WITHOUT THE EXPLICIT PERMISSION IN WRITING OF THE COMPANY, SHALL BE STRICTLY PROHIBITED! Any breech of these Terms that may result in the violation of copyright, trademark or any other intellectual property right may lead to civil, commercial and/or criminal and/or petty offence charges against perpetrators. It is not allowed to copy, redistribute, re-transmit, issue or commercially exploit the material downloaded without the explicit permission of the company PIK Vrbovec and copyright holders.

The end user may only download, print out and save copyright protected materials for his own purposes. Using and printing out the content from the website shall only be permissible for the sake of information and personal, non-commercial use.

The end user undertakes not to upload, publish or in any other way make available any material on this website that is subject to the copyright, trademark or other intellectual property rights, without the explicit permission of the holders of such rights. The end user shall be solely and exclusively responsible for any damage due to violations of the copyright, misuse of trademarks and other intellectual property rights or any other problems related to the publication of such materials.

PIK Vrbovec shall not be obliged to submit reports to the end user or help him determine whether some material is subject to the copyright.

By uploading materials on any publicly accessible part of this website, the end user guarantees under penalty that he is the holder of the rights to the materials and explicitly gives the company PIK Vrbovec free, permanent, irrevocable, non-exclusive right to use, publish, copy, reproduce, modify, adjust, distribute, publish, translate and/or distribute such materials (partly or wholly) throughout the world, for indefinite time and duration. The end user also gives other end users the right to access, browse, save or reproduce this material for their own use.

The terms mentioned in this section shall equally apply to the benefit of the company of PIK Vrbovec, as well as of its subsidiaries, affiliates and third-party service providers and licensed companies, and every one of them shall be entitled to enforce these terms directly and in its own name.

6. Licences and trademarks

By the publication on or through the website the end user gives the company PIK Vrbovec a free licence unlimited in time and space to use, exploit, reproduce, modify, publish, adjust, translate, distribute, conduct and present the communication, on its own and as part of a greater whole, in any form, on any medium or by any technology known or subsequently developed, and to share such rights with multiple sharers of the licence.

By using or accessing this website the user shall not acquire, explicitly or tacitly, any licence or right to use the trademark, patent, design, copyright or any other right that belongs to the company PIK Vrbovec and/or a third party. The users and registered users shall be liable individually for respecting the copyright and other intellectual property rights concerning such content.

7. Warranty and disclaimer

THE END USER EXPLICITLY AGREES THAT USING THIS WEBSITE SHALL BE SOLELY AT HIS OWN RESPONSIBILITY. NEITHER THE COMPANY PIK VRBOVEC, ITS SUBSIDIARIES, MOTHER COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENCED COMPANIES GUARANTEE THAT THE USE OF THIS WEBSITE WILL NOT BE INTERRUPTED, OR THAT IT WILL BE WITHOUT ERRORS; NOR SHALL THEY BE LIABLE FOR (I) THE CONSEQUENCES THAT CAN FOLLOW FROM THE USE OF THIS WEBSITE, OR (II) FOR THE ACCURACY, RELIABILITY OR THE CONTENT OF ANY INFORMATION, SERVICE OR GOODS PROVIDED THROUGH THIS WEBSITE.

THIS DISCLAIMER SHAL APPLY TO ANY DAMAGE, DIRECT OR INDIRECT, OR POSSIBLE INJURIES CAUSED BY ANY POOR CHARACTERISTICS, ERRORS, EXCEPTION, INTERRUPION, DELETION, FAILURE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, INTERRUPTED LINE OF COMMUNICATION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, MODIFICIATION OR MISUSE OF RECORD, TERMINATION OF CONTRACT, INAPPROPRIATE BEHAVIOUR, NEGLIGENCE OR ANY OTHER ACTION. THE END USER EXPLICITLY CONFIRMS THAT THE COMPANY PIK VRBOVEC SHALL NOT BE RESPONSIBLE FOR OFFENSIVE, INAPPROPRIATE OR ILLEGAL BEHAVIOUR OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF POSSIBLE DAMAGE AS A CONSEQUENCE OF THIS SHALL FULLY REST WITH THE END USER.

THE COMPANY PIK VRBOVEC OR OTHER NATURAL OR LEGAL PERSON INVOLVED IN THE DEVELOPMENT, PRODUCTION OR DISTRIBUTION OF THIS WEBSITE OR RELATED CONTENT AND SOFTWARE, SHALL IN NO INSTANCE BE LIABLE FOR ANY DAMAGE THAT MAY RESULT AS A CONSEQUENCE OF USING OR THE INABILITY TO USE THIS WEBSITE. THE END USER EXPLICITLY CONFIRMS THAT THE TERMS IN THIS SECTION SHALL APPLY TO THE ENTIRE CONTENT OF THIS WEBSITE.

IN ADDITION TO THE PREVIOUS TERMS, NEITHER THE COMPANY PIK VRBOVEC NOR THE GOVERNING COMPANY OR ITS SUBSIDIARIES, INFORMATION PROVIDERS OR PARTNERS DEVELOPING ITS CONTENT, SHALL BE LIABLE, IRRESPECTIVELY OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES OR OTHER SHORTCOMINGS, INADEQUACY OR UNORIGINALITY OF THE INFORMATION ON THIS WEBSITE, AS WELL AS FOR ANY DELAY OR INTERRUPTION IN THE TRANSFER OF THE INFORMATION TO THE END USER, OR FOR ANY RESULTING CLAIMS OR LOSSES. NEITHER OF THE ABOVE-MENTIONED PARTIES SHALL BE LIABLE FOR ANY CLAIMS OR LOSSES OF THIRD ARTIES, INCLUDING LOST PROFIT.

THE COMPANY PIK VRBOVEC SHALL NOT BE LIABLE FOR ANY CONTENT THAT THE USER, SUBSCRIBER OR UNAUTHORISED USER MAY UPLOAD ON THIS WEBSITE. ANY UPLOADED CONTENT THAT IS OR CAN BE CONSIDERED INAPPROPRIATE MAY AT ANY TIME BE REMOVED BY THE COMPANY PIK VRBOVEC. PIK VRBOVEC RESERVES THE RIGHT TO MODIFY, ADJUST, CHANGE, DELETE OR REMOVE ANY CONTENT FOUND TO BE INAPPROPRIATE. PIK VRBOVEC SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE RESULTING FROM THE USE OF THIS OR OTHER WEBSITES, INCLUDING WITHOUT LIMITATION PROFIT LOSS, WORK INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DATA PROCESSING SYSTEMS OR OTHERWISE, EVEN IF WE HAVE BEEN EXPLICITLY NOTIFIED ABOUT SUCH LOSSES.

PIK Vrbovec reserves the right to terminate any passwords or user accounts at once in case of any behaviour of the end user that the company PIK Vrbovec at its discretion holds unacceptable, as well as in any case of disregard of these Terms by the end user. In case of the termination of passwords or user account the Terms shall not cease to be valid between the end user and PIK Vrbovec.

PIK Vrbovec intends to use the names, logos, signs, trademarks and other protected content appearing on this website solely in the areas for which it has been authorised on the basis of trademark registration, licence or otherwise. To avoid any doubt, PIK Vrbovec hereby declares that it has no intention to use the names, logos, signs, trademarks and other protected content appearing on this website in the areas for which it has not been authorised, and shall not deliver or offer products and/or services bearing such protected content in the mentioned areas. Using such protected content on this website in contravention of the provisions of these Terms or their misuse shall be strictly forbidden.

8. Control

PIK Vrbovec shall be entitled, but not obliged to control the content of this website at any time, including any chat rooms and forums included as part of the website, in order to secure conformity and regard for these Rules, as well as of any other rules prescribed by the company PIK Vrbovec, and conformity with any relevant law, regulation or document. Without limitation in regard of the preceding paragraphs, PIK Vrbovec reserves the right to remove any material that it founds in its own discretion as not in conformity with the rules set up here, or which it finds questionable in another way. PIK Vrbovec shall not be obliged to respond to interactive content.

PIK Vrbovec shall not accept any responsibility concerning the accuracy of the information it provides, and the use of such information shall be at the risk of the receiving party. PIK Vrbovec does not guarantee that any reported problems will be solved by using any of the information provided by PIK Vrbovec. By providing the information PIK Vrbovec does not award any licences for any copyright, patents or other intellectual property rights.

9. Privacy

The end user confirms 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 their nature and that the staff of PIK Vrbovec may control the communication of end users without their knowledge and explicit approval.

PIK Vrbovec shall not control and/or authorise the content of the messages or information that may be found in any Communities and shall therefore not be responsible for any actions that are a consequence of the participation of the end user in any of the Communities, including the responsibility for possible problematic content.

10. Non-disclosure

PIK Vrbovec does not want to receive confidential or proprietary information from the users through this website. Any information or materials sent to PIK Vrbovec shall be treated as if they were NOT confidential. By sending information or materials to PIK Vrbovec, the user gives PIK Vrbovec unlimited and irrevocable licence to use, copy, show, present, modify, transfer and distribute such materials or information, and also agrees that PIK Vrbovec may freely use any ideas, concepts, knowledge or techniques for any purpose. However, PIK Vrbovec shall not disclose the name of the user or in other way disclose the fact that a particular user sent the materials or other information to PIK Vrbovec, unless: (a) we obtain a permission to use your name; or (b) the user has been first notified that the material or other information sent to a specific part of this website shall be disclosed or in other way used here together with your name; or (c) we are obliged by law to do so.

Any type of communication of the end user shall be considered non-confidential. If particular websites allow the disclosure of the information that PIK Vrbovec will treat as confidential, this fact will be mentioned on such websites. By publishing comments, messages and other information on the website, the end user gives the company PIK Vrbovec the right to use such comments, messages and other information for the purposes of promotion, advertising, market research, or any other legally permitted use. For additional information see the Non-disclosure statement of the company PIK Vrbovec.

The materials sent or made available on the website are not and shall not be considered as trade secret, secret or confidential. By providing the materials through the website you are authorising PIK Vrbovec and/or its affiliated companies to use it without limitation for any purpose, including copying, transfer, publication, broadcasting or using it in any other way without the obligation to any payment.

11. Compensation

The end user agrees to indemnify and not hold the company PIK Vrbovec, the governing company, its affiliates, their responsible persons, employees and agents responsible for any claim for the damages and expenses, including the legal expenses, that may accrue from the use of this website by the end user.

12. Third-party content

PIK Vrbovec, as well as Internet Service Providers (ISP), shall be the distributor (and not the publisher) of the content supplied by third parties and end users. Any opinions, advice, statements, services, offers, or other information or content uploaded by third parties, including public information providers or any end users, shall be coming from their respective authors or distributors, not from the company PIK Vrbovec. PIK Vrbovec or third-party information providers do not guarantee the accuracy, completeness or usefulness of any content, nor its sales prospects or appropriateness for any particular use.

The information available on the website that represents opinions and evaluations of particular information providers, end user or another user that is not in a contractual relation with the company PIK Vrbovec, shall not be authorised by PIK Vrbovec, and PIK Vrbovec cannot be responsible for the accuracy or reliability of any opinion, advice or statement published on the website by anyone who is not an authorised employee of PIK Vrbovec, or who does not act ex officio. Under no circumstance shall PIK Vrbovec be responsible for any loss or damage that has occurred because the end user relied on the information obtained through the website. All responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, view, advice or other content available on the website shall rest with the end user.

The website of PIK Vrbovec contains links to third-party websites maintained by other service providers. Such links are only placed here for convenience, not as PIK Vrbovec ‘s endorsement of the content on third-party websites, and PIK Vrbovec explicitly denies any connection with the content or accuracy of the materials on third-party websites.

13. Severability

In case any provision of the Terms is found to be null and void, such nullity shall not affect the validity of any other provision of these Terms, and the remaining provisions of these Terms shall remain in effect.

14. Waiver

If any of the parties does not exercise its rights hereunder, it shall not be construed as a waiver or loss of the respective rights in the future, nor of any other rights mentioned in the Terms.

15. Settlement of disputes

Provisions of the Law of Obligations shall apply to any matters not regulated in this Agreement.

The Contracting Parties shall attempt to settle any disputes arising from this Agreement amicably. Any disputes or claims that may arise as a consequence of using this website, in relation to these Terms, or in relation to their implementation, shall fall within the jurisdiction of a court in Zagreb, with the application of the relevant Croatian substantive law.

16. Effectiveness

These Terms of Use shall be applicable from 1 September 2012 until revoked by PIK Vrbovec.