Terms and Conditions
Last Updated: December 2024
1. Agreement to Terms
Welcome to Oazera — Pametno. Sigurno ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.
2. User Accounts and Registration
2.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
2.2 Account Eligibility
You must be at least 18 years old to create an account and use our Services. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Acceptable Use Policy
3.1 Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in a manner consistent with all applicable laws and regulations.
3.2 Prohibited Uses
You agree not to use our Services:
- In any way that violates any applicable national or international law or regulation
- To transmit or procure the sending of any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate the Company, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
- To upload, transmit, or distribute any malicious code, viruses, or harmful content
- To attempt to gain unauthorized access to any portion of the Services or any systems or networks
- To engage in any data mining, harvesting, or similar data gathering activities
- To interfere with or disrupt the Services or servers connected to the Services
4. Intellectual Property Rights
4.1 Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Oazera, its licensors, or other providers of such material and are protected by Croatian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.
4.3 Restrictions
You may not:
- Modify, copy, distribute, transmit, display, reproduce, or create derivative works from the Services
- Reverse engineer, decompile, or disassemble any aspect of the Services
- Remove or modify any copyright, trademark, or other proprietary notices
- Use the Services for any commercial purpose without our express written consent
5. User-Generated Content
5.1 Content Responsibility
You retain all rights to any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content in connection with operating and providing the Services.
5.2 Content Standards
User Content must not:
- Contain any material that is defamatory, obscene, offensive, or unlawful
- Infringe any intellectual property or other proprietary rights
- Contain any viruses, malware, or harmful code
- Promote discrimination, bigotry, racism, hatred, or harassment
- Violate the privacy or publicity rights of any person
6. Service Availability and Modifications
6.1 Service Changes
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
6.2 No Warranty of Availability
We do not guarantee that the Services will be available at all times or that access will be uninterrupted or error-free. We may experience hardware, software, or other problems that require maintenance resulting in interruptions, delays, or errors.
7. Limitation of Liability
7.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OAZERA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
7.3 Maximum Liability
Our total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or 100 EUR if no payments were made.
8. Indemnification
You agree to indemnify, defend, and hold harmless Oazera, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or inability to use the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
9. Termination
9.1 Termination by Us
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Services will immediately cease.
9.2 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature within the Services. Upon termination, we will delete your personal information in accordance with our Privacy Policy.
9.3 Effect of Termination
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Jurisdiction
10.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.
10.2 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Croatia, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
11. Dispute Resolution
11.1 Informal Resolution
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good faith negotiations for a period of at least thirty (30) days.
11.2 Arbitration
If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration in accordance with the Croatian Arbitration Act. The arbitration shall take place in Croatia, and the language of arbitration shall be Croatian or English as mutually agreed.
11.3 Class Action Waiver
You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.
12. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
We comply with the General Data Protection Regulation (GDPR) and Croatian data protection laws in our handling of personal information.
13. Third-Party Links and Services
The Services may contain links to third-party websites or services that are not owned or controlled by Oazera. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of this page.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.
15. Severability and Waiver
15.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15.2 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Oazera regarding your use of the Services and supersede all prior agreements and understandings.
17. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
18. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
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