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Terms of use of the website

Association of tourist guides "Mihovil" Šibenik

The terms of use of websites and internet applications regulate all rights and obligations of the Association of Tour Guides “Mihovil” Šibenik (hereafter UTV Mihovil Šibenik) with regards to the use of these webpages and all applications published on these webpages. Every user of the services of UTV Mihovil Šibenik must acquaint themselves with all terms and conditions of the Terms of use for the purpose of protecting their own interests whilst using these webpages and all applications published herein.

I. General provisions

Article 1.

These Terms of use proscribe the conditions and ways of using the website and web app, and all the rights and obligations of the user and app user with regards to the use of the website and web app.

II. Definitions

Article 2.

Unless otherwise demanded by circumstance, the words and phrases within these Terms of use will have the following meanings:

  • Website- a collection of internet resources – HTML documents, multimedia contents, data, scripts and other resources being accessed via the web domain registered by UTV Mihovil Šibenik which has thus acquired the rights of use for the domain,
  • Web app- the computer software owned by UTV Mihovil Šibenik or available to use by UTV Mihovil Šibenik and made accessible (fully and/or partially and with no regard to legal rights) on the website for the purpose of offering services to the users of UTV Mihovil Šibenik or for any other purpose,
  • User- any person who accesses the website,
  • App user- every person for whom ATG Mihovil Šibenik has granted the use of the web app as well as every person to whom permission to use the web app has been granted by an established app user ,
  • User data- predstavljaju korisničko ime i zaporku koja omogućuje Korisniku aplikacije registraciju na Internet aplikaciju i korištenje usluga ATG Mihovil Šibenik,
  • Terms of use- these very Terms of use for the website of the Association of Tour Guides “Mihovil” Šibenik, and all future revisions and amendments.

III. Right of access and limitations

Article 3.

(1) Right of access and use of the web application is granted solely to app users.

(2) UTV Mihovil Šibenik reserves the right to, without explanation, refuse the request of access to the web application to app users and to refuse the app user’s request for the use of any service offered on the website or in the web application when registration is required.

(3) UTV Mihovil Šibenik can, at any moment, without explanation, disable or restrict (fully or partially) access to the web app for app users and/or access to the website for users.

In this case, UTV Mihovil Šibenik holds no responsibility for any kind of damages incurred or any kind of direct or indirect loss (ie loss of client, loss of reputation, loss of business opportunity) which might result for users or app users due to inaccessibility or use (fully or partially) of the website or web application.

IV. Specifics regarding the use of the website and app

Article 4.

(1) App user is obliged to use the web application solely and exclusively in compliance with the terms and conditions of these Terms of use and according to the terms and conditions of the web application they use (if such conditions apply).

(2) App user is obliged to neither directly nor indirectly (regardless of technological, technical/technological, electronic or any other way or means):

  • revise, erase or make unusable the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • perform any other kind of unauthorised action with regards to the web application or any any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • disable access and/or use of the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • copy, multiply, distribute or display without authorisation the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app) for their own or others needs or for sale or any kind of other legal disposal.

(3) User is obliged to use the website solely and exclusively in compliance with the terms and conditions of these Terms of use. Accessing the website will be considered as having read, understood and accepted the binding General conditions and Terms of use as published at the moment of access.

(4) User is obliged to neither directly nor indirectly (regardless of technological, technical/technological, electronic or any other way or means):

  • revise, erase or make unusable the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • perform any other kind of unauthorised action with regards to the web application or any any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • disable access and/or use of the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • copy, multiply, distribute or display without authorisation the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app) for their own or others needs or for sale or any kind of other legal disposal.

V. Podaci koje ustupa korisnik aplikacije

Article 5.

(1) App user is obligated to enter correctly and fully the data necessary for the use of the Web application.

(2) App user is responsible for the validity, completeness and truthfulness of all the data they input into the Web app for the purpose of its usage.

(3) App user is obligated to keep User data as confidential information.

(4) App user will be responsible for any unauthorised use of their User data. In accordance with the previous statement, in the event that a third party accesses the Web application without authorisation using the User data of the App user, the App user will be obligated to pay any costs and damages incurred by UTV Mihovil Šibenik. Regardless of the previous statement, App user will not be obligated to pay any scheduled services or incurred costs and damages in the event that the App user – before UTV Mihovil receives and puts into motion the services requested by the third party abusing the User data of the App user, that is before any damages and costs are incurred – does the following:

  • reports to ATG Mihovil Šibenik that a third party has gained unauthorised access to User data,
  • delivers their User data to UTV Mihovil Šibenik, and,
  • requests from ATG Mihovil Šibenik to disable access to the Web application for the person attempting to access the Web application with the User data delivered to UTV Mihovil Šibenik in accordance with this Article 5.(4).

VI. Security of use and data security

Article 6.

(1) UTV Mihovil Šibenik will use such software protection, that is support, which will log any use of the Website and Web application and according to technological capabilities will provide security from unauthorised use of:

  • resources (HTML documents, multimedia contents, data, scripts and other resources) available through the Website and Web application, as well as
  • the Website and Web application respectively.

(2) Considering that the Internet is a publicly accessible data network and that there exist such persons with expert knowledge and skills with which they can, regardless of the sophisticated protection measures applied and using the Internet or any other kind of network, device or resource, enact various unauthorised and illegal actions with regards to the Website, internet resources published on the Website, the Web application, etc; UTV Mihovil Šibenik cannot guarantee to the Users and App users the safety and functionality of the Internet resource nor the safety and functionality of the Website and Web application. Therefore, each User, that is App user, accesses the Website, that is Web application, at their own risk.

(3) In accordance with Article 6 (2) of the Terms of use, UTV Mihovil Šibenik will not be responsible for any damages or any other kind of loss (ie loss of profit, loss of a certain client or market, loss of financial or other data, loss of reputation, loss of business opportunity) which might occur due to:

  • unauthorised and/or illegal use of the resources available through the Website and Web application by a third party,
  • unauthorised and/or illegal access of the Website or Web application by a third party,
  • malfunction of the Website or Web application.

VII. Registration of app users

Article 7.

(1) Each App user will, when registering with the Web application system enter User data by their own hand that will be known only to them and will be used solely to access the Web application and the services offered by UTV Mihovil Šibenik, and for access to specific personalised content.

(2) If App user suspects unauthorised use of their User data, they are obligated to report UTV Mihovil Šibenik immediately, and to change their login data.

(3) App user will compensate UTV Mihovil Šibenik (and will not make any demands towards UTV Mihovil Šibenik in terms of responsibility) for any incurred damages or charges that might occur as a consequence to any legal proceedings, demands, requirements or infraction/criminal proceedings that might happen as a result of unauthorised use of App user’s User data by a third party, or if the aforementioned third party does any of the following:

  • revise, erase or make unusable the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • perform any other kind of unauthorised action with regards to the web application or any any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • disable access and/or use of the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app),
  • copy, multiply, distribute or display without authorisation the web application or any of its parts (content, graphical, technical, technical-technological, electronic or any other (structural or otherwise) part of the web app) for their own or others needs or for sale or any kind of other legal disposal.

(4) Accessing the system will be considered as having read, understood and accepted existing Terms of use published at the moment of access.

(5) By accessing the Web app system, App user gives express consent for UTV Mihovil Šibenik (as the curator of personal data collections as per GDPR) to, as per GDPR requirements, gather and process personal data indicated by the access form of the Web app, as well as personal data made available by App user to UTV Mihovil Šibenik in any other way or by any other means (ie via electronic mail, any other computer software, telefax messaging, short text messages, parcels, etc). UTV Mihovil Šibenik will exert reasonable effort and facilities to safeguard personal data from unauthorised access (whether outside or within UTV Mihovil Šibenik), loss, destruction or changes. Furthermore, UTV Mihovil Šibenik will secure access to personal data to members of UTV Mihovil Šibenik that require access for fulfilling the aforementioned purposes of gathering, processing and using of personal data.

(6) Comments, opinions and suggestions delivered to UTV Mihovil Šibenik by User or App user will not be considered confidential information and will be used, reproduced, distributed and/or processed by UTV Mihovil Šibenik for any purpose (either fully or partially, temporary or long term, with any means and in any form) and without any payment obligation towards User or App user. Consequently, the User, or App user, recants the rights to question, or demand the responsibility of ATG Mihovil Šibenik.

Article 8.

Every User and App user is obligated to inform UTV Mihovil Šibenik about any misuse of the Website, Web app or resource (HTML documents, multimedia contents, data, scripts and other resources) available via Website and Web app.

Article 9.

(1) All media, materials, scripts and other internet resources published on the UTV Mihovil Šibenik Website are property of UTV Mihovil Šibenik and can only be used for their established purpose.

(2) No internet resource (HTML documents, multimedia contents, data, scripts and other resources) found on the Website or Web app can be revised, copied, duplicated, distributed, displayed nor used in any other way (fully or partially, with no regard to the technical, technological, electronic or any other type of use) without prior written approval by UTV Mihovil Šibenik.

(3) UTV Mihovil Šibenik will exert reasonable effort to keep the Website and Web app, as well as all internet resources located on the Website or in the Web app, completely functional and ensure that all published information is correct, complete, precise and reliable. Regardless of the aforementioned, UTV Mihovil Šibenik will not be responsible to either User or App user for the nonfunctionality of the Website and/or Web app, nor can guarantee that the internet resources (HTML documents, multimedia contents, data, scripts and other resources) available on the Website or Web app are at every moment correct, complete, precise, reliable and functional, and with regards to this bears no responsibility towards the User or App user.

(1) UTV Mihovil Šibenik reserves the right to change any of the internet resources (HTML documents, multimedia contents, data, scripts and other resources) available on the Website or Web app at any time, without prior notice and without need for permission from User or App user.

(2) The Website may contain information and links to other websites for which UTV Mihovil Šibenik is not responsible. In this case, UTV Mihovil Šibenik will bear no responsibility for the correctness, completeness, precision, truthfulness, safety nor functionality of any type of internet resource (HTML documents, multimedia contents, data, scripts and other resources) available on websites not under UTV Mihovil Šibenik’s control.

Article 11.

Content published on the Website may contain certain statements regarding the future business of UTV Mihovil Šibenik, and which can be recognised by the use of phrases indicating future plans such as “will be”, “planned”, “expected”, “projected” and the like, that is by the declarations of strategy, plans or intentions. These statements represent the current position of UTV Mihovil Šibenik regarding future events or services and are subject to certain risks, uncertainty and conjecture. Many factors can affect the real results, impacts or performances of UTV Mihovil Šibenik which can be completely different to the projected or expressed objectives, results or performances.

VIII. Copyright

Article 12.

Certain internet resources (multimedia content, data, graphical works, written works, drawings, sketches, plans, etc) published on the Website and Web app are subject to copyright. It is expressly forbidden to reproduce (in one or many copies, fully or partially, directly or indirectly, temporary or long term, in any means and in any form), distribute (sell, rent, surrender or in any other way grant access to copyrighted subjects), propagate (in any form, with any means) or process any internet resource available on the Website or Web app without prior written approval by ATG Mihovil Šibenik.

News

Article 13.

(1) A News item is information written using the Web app and published on the Website.

(2) A News item is expressly in written format and contains a header (prominent beginning part) and body (rest of the news), signature of the writer, and may or may not contain a header photo, photo gallery and other documents.

(3) A News item must answer to five questions (who, what, where, when, why) and must be told in standard Croatian, and must be clear, correct and concise.

(4) A News item may not be deleted without prior approval by ATG Mihovil Šibenik

(5) Copyright to published News item is reserved to UTV Mihovil Šibenik, regardless of which member is the author.

(6) In the event of a request for deletion of all App user data, the News item will not be deleted, and the signature of the News item will be changed to: Unknown author.

Blog

Article 14.

(1) The Blog is a way of publishing information on the Website and contains primarily periodical articles in reverse timeline – the newest articles are at the top of the webpage.

(2) The Blog is expressly in written format and contains a header (prominent beginning part) and body (rest of the news), signature of the writer, and may or may not contain a header photo, photo gallery and other documents.

(5) Copyright to published Blog is reserved to the author of the Blog.

(4) Should there be a need to delete all data of an App user, the Blog will not be deleted, unless the App user demands erasure of all known blogs, and its signature will be taken by Unknown Author.

IX. Confidentiality and personal data protection

Article 15.

By accessing the Web app system, App user gives express consent for UTV Mihovil Šibenik gather and process personal data the App user wilfully notes on the Website, as well as personal data made available by App user to UTV Mihovil Šibenik in any other way or by any other means (ie via electronic mail, any other computer software, telefax messaging, short text messages, parcels, etc) for the purpose of contacting and registering Website User, for statistical analysis of Website viewings and for use of Web apps available on the Website, as well as consent for UTV Mihovil Šibenik to give to legal entities for use and processing, third parties for protection of User and UTV Mihovil Šibenik’s interests and for the prevention of misuse. ATG Mihovil Šibenik knows and accepts that the use of personal data is expressly forbidden for anything except its stated purpose. UTV Mihovil Šibenik will exert reasonable effort and facilities to safeguard personal data from unauthorised use (whether within or without UTV Mihovil Šibenik), loss, destruction or changes. Furthermore, UTV Mihovil Šibenik will secure access to personal data for those bodies of UTV Mihovil Šibenik for whom access is required to fulfill the aforementioned purposes of collecting, processing and use of personal data.

X. Use of internet resources in foreign languages

Article 16.

It is possible for certain internet resources published on the Website or Web app to be in any foreign language. If any internet resources are available in both Croatian and a foreign language, the Croatian version will be considered applicable to any interpretation.

XI. Applicable law and disputes

Article 17.

These Terms of use have been compiled in accordance with the laws of the Republic of Croatia. The laws of the Republic of Croatia apply to interactions between UTV Mihovil Šibenik and User and between UTV Mihovil Šibenik and App user, with regards to the use of the Website and/or Web application.

Article 18.

UTV Mihovil Šibenik and the User or UTV Mihovil Šibenik and the App user will attempt to peacefully resolve and dispute arising from these Terms of use. In the case of a peaceful resolution being impossible, all disputes will be handled by the appropriate court in Šibenik.

XII. Other

Article 19.

(1) UTV Mihovil Šibenik will on their Website www.vodici-sibenik.hr make available to User and App user these specific Terms of use (as well as any and all further revisions and additions). Furthermore, UTV Mihovil Šibenik reserves the right to revise and/or supplement the Terms of use at any moment. All revisions/additions to Terms of use, as well as a consolidated version, will be made available on the UTV Mihovil Šibenik website www.vodici-sibenik.hr.

(2) If any of the provisions of the Terms of use is found to be illegal or unenforceable, all other provisions will remain fully in force. If any of the provisions of the Terms of use is found void, the voided provision will immediately be replaced by a new provision in proper form, that will attempt to fufill the stated purpose of the voided provision.

(3) In the event that UTV Mihovil Šibenik and App user reach a specific accord regarding the use of the Web app, the Terms of use will apply wherever not in opposition to the specific accord. Should the App user with a specific accord with UTV Mihovil Šibenik not cancel the accord within seven days of any revisions or additions to Terms of use, they will be considered to be fully in effect.

(4) By accessing the Website and Web app, it will be considered that the User, that is App user, has given express permission (with regards to the Law of electronic communication):

  • to be sent notices of informational character by UTV Mihovil Šibenik, as well as promotional material, via electronic mail, short text messages (SMS) and multimedia messages (MMS) and,
  • to be contacted by UTV Mihovil Šibenik for the express purpose of marketing, via telephone, telefax or electronic mail.

By each of these occasions, UTV Mihovil Šibenik will make possible for any individual they contact to freely and easily counter any future contact in the expressed purposes.

(5) In the case of any of the following, while exerting reasonable effort, UTV Mihovil Šibenik will not be held responsible for any infractions against the Terms of use, nor can control or prevent, including but not limited to: war, armed rebellion, public disturbance, civil disturbance, strikes, union disputes, government actions, floods, storms or other weather conditions, power outages, fuel outages, etc.

(6) These Terms of use will come into effect and be applicable from January 1st, 2021