I – GENERAL CONDITIONS
The Company provides only and exclusively the Service of the information society, and does not provide other services.
The Company’s conduction of business through the Service is regulated primarily by the Law on Electronic Commerce, the Law on Obligations, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on Personal Data Protection, and other regulations of the legal system of the Republic of Serbia.
The Company is dedicated to preservation and application of personal, privacy, and data protection rights, as well as copyright, all according to regulations of information profession, with good business customs and in accordance with valid regulations of the Republic of Serbia.
The Company is entitled, but not obliged, to remove the content from the Service at any given time, without being obliged to previous or subsequent notification or explanation.
II – SERVICE INTEGRITY
The Service as an inormation society service is intended as:
- Mediation in the provision an payment of professional auto-mechanical services and vehicle removal services, as well as other services from the package – for users who have purchased a package of road assistance from the Company.
- Mediation in the provision of professional auto-mechanical services and vehicle removal services – for users who do not have any of the road assistance packages offered by the Company;
The Service contains data on economic entities (companies) that are mainly engaged in activities in the field of car servicing, auto-mchanical services, vehicle removal services (towing services), which were povided by these economic entites. The Company may aggregatedata on economic entities from publicly available sources, that is which have been publicly published by one of the official state institutions or which have been published by the economic entity itself. By announcing that a person performs services, the Company does not acquire the status of a business entity of that person.
The content that users post via the Service, regardless of the form of content (text, audio, video, etc.) must be accurate and correct. The user who entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entries implies that they come from a competent source and / or personal experience of the user. Correctness means grammatical, spelling and factual correctness.
Upon registration and each individual access to the Service (by logging in to the Service), the Service automatically sends an SMS message with a code containing 6 digits to the mobile phone number used by the User. By entering the correct six-digit number, the User is granted access to the Service.
The user will not use other people’s access data or give his user data to a third party. The User may notify the Company if he suspects unauthorized use of his access data.
At each individual opportunity, the Company will provide full support for the protection of the rights of the individual, privacy, property rights and intellectual property rights to all persons holding these rights, or to those whose rights have been violated, by, without delay:
- Upon a reasoned request, supported by appropriate documentation, remove the content so that it is not publicly available, and preserve the content for the purpose of proof;
- Upon request, submit to the competent authority data on the user whose entry violates any of the stated or other rights, all in accordance with the regulations of the Republic of Serbia.
The Company within the Service transmits electronic messages submitted to it by users of information society services, but in no way: does not initiate their transmission, does not select data or documents that are to be transmitted, does not exclude or change the data in the content of messages or documents, nor does it select the receiver of the transmission.
The Company retains the right to change, terminate (either temporarily or permanently) any element of the Service, the services it provides, as well as the contents or inputs, regardless of who the author is and without prior approval or notice, with the application of good business practices.
The right to change from this article does not refer to the acquired rights of users, that is, to the active packages of road assistance. The Company may change the active road assistance package only and exclusively at the request of the User, and only when there are technical conditions for such change.
All time determinants and deadlines presented through the Service, as well as the time zone and working days are calculated according to the valid regulations of the Republic of Serbia.
III – SERVICE DESCRIPTION
The Company is also a guarantor of the provision of services contained in road assistance packages that are realized through a partner network either in the territory of the Republic of Serbia or Europe as a geographical concept, in accordance with the concluded agreements with partners.
The Service is intended for mediation by connecting users who need services, with professionals who provide these services, and who are registered to perform these activities with the competent institutions.
The Service geographically locates users by using GPS technology, and forwards the location information of the Service user who needs the Service to a professional selected by the System using the appropriate algorithm, according to distance, arrival time interval, traffic congestion and professional availability. After confirmation by a professional, the user of the Service and the professional – service provider enter into a direct legal relationship, and the Service shows the user in real-time the price, the distance of the professional from that user and the expected time of arrival.
The user of the Service from the road assistance package can only obtain it through the Service
If the User needs any of the offered services from the road assistance package, the Company will automatically assign the nearest professional through the system, using the appropriate algorithm. After confirmation by the professional about which the User is notified via the Service, the contact phone, GPS location and distance of the User are forwarded to the professional. The user receives feedback on the distance of the professional, the expected time of arrival and geolocation tracking of the professional via a map in the Service. For the intervention site professional can only have a GPS location obtained through the Service. In order to exercise the right to any service from the package, the User must be physically present in and / or next to the vehicle, because the right to use the services from the package belongs to the User (and not the vehicle). Exceptionally, if the User of the Service from the roadside assistance package is not able to perform through the application part of the Service, the Company provides call center services as part of the Service, which is available via +381 11 40 19 919 (from Serbia or abroad). In case of need for the above, this option is automatically displayed on the application page.
If the User does not have internet access on the mobile device, at the moment of starting the Service, a six-digit code will appear on the screen, which is necessary for the User to read it to the Company’s call center operator, which confirms the User’s status.
Payment of the Service performed by a professional is possible in the following ways:
- For Users who have purchased a package of road assistance from the Company, the Company bears the costs of services from the purchased package, while the User pays any additional services (not included in the package) after an additional service has been done to the Professional with cash or through available electronic payments to the Company.
- For Users who do not have any of the road assistance packages offered by the Company, the User pays the price after the Service in cash to the Professional in accordance with the price list of the territory in which the Service is performed through the System or through available electronic payments to the Company.
The Company can provide each Professional with additional services of the Service which are based on the monitoring of the results of his work and engaging his capacities in real time via „Mobile application and/or Web Console“, as well as summarizing those results by generating appropriate reports about the given Service, price listings, mileage and similar, on a daily and monthly basis.
IV – USERS
Registered users are users who receive the Service by the Company.
The registration of the user, as well as all content (mobile phone number, user’s address, user’s e-mail address, make and type of vehicle) that the user posts on the Service, is not moderated, modified or affected in any way by the Company, and the user has the sole responsibility and bears all legal consequences that may arise from their content on the Service.
The user reserves all copyrights and related rights to the content which they have authored. The user Guarantees that they are the owner or user of all necessary copyrights on the entire content, as well as all its individual parts, which they have posted on the Service. Any potential infringement of copyright or related rights, as well as other intellectual property rights, is the sole responsibility of the user who posted the content.
The user may simultaneously post different content. Posting the content on the Service does not restrict the user in any way from posting or publicly showing the same content on another place. The user may, without any explanation or notification, at any time, delete or modify their posted content. The Company will delete or modify such content momentarily, except for the content containedin system-generated backups, whose content cannot be affected by the user.
By posting the content to the Service, the user unconditionally and irrevocably authorizes the Company to transfer the content to an undefined number of persons for the purposes of providing the Service, as well as to remove the content without prior or subsequent notification or explanation.
With each individual login to the Service, the user receives access to their account on the service and the ability to use the Service which can be adjusted by the user according to the Service’s available options.
The user may, without explanation or notification, at any time perform modification related to:
- e-mail address of the registered user;
- vehicle appearance information (make, model and year of production);
- vehicle registration number data.
The user cannot transfer their account, nor change the roadside assistance package to someone else’s name.
The user may, without any explanation, at any time, terminate their user status by submitting a request to delete their user account if no roadside assistance package is activated.
The user may cancel their roadside assistance package within 15 days of activating the service, is not service included in the package has been used. In that case, the package will be cancelled and the money will be refunded to the user, with a reduction for bank transfer costs. If any of the services is used at user’s request, the package will be cancelled without a refund, so that the user may activate a new package of roadside assistance.
The user may request termination of the user package before the expiration of the validity period of the user package, by sending such a request to the Company (request for package deactivation) via e-mail to firstname.lastname@example.org and email@example.com.
V – PROFESSIONALS AND SUBSRIPTIONS
Professionals agree to submit to the Company, in accordance with the Company’s Rules on Personal Data Protection, data on their employees or otherwise engaged individuals, in order to achieve the purpose of the Service.
Professionals are obliged to provide serviced persons who they have reached via the Service, i.e. through the Company, with the services in the same way, with the same level of professional attention, commitment and efficiency, while applying the appropriate standards, adhering to consumers’ legal rights, as well as to the persons they have reached outside of the Service.
Professionals are legally responsible for any non-conformity of goods or services they provide to the User.
Professionals negotiate the prices formed by the company as unique prices for a specific territory with persons to whom they provide services, and who they found throught the Service, i.e. through the Company. Professionals are not entitled to charge any service to persons to whom they provide services that they reached throught the Service, i.e. throught the company, that is not agreed upon via the Service, i.e. they are not entitled to charge any price other than the one agreed upon through the use of Service.
A professional with persons who possess a certain roadside assistance package provides the service included in the roadside assistance package without any additional payment up to the level specified in the package selected by the User. After using a service from the package, the Professional charges for their services using the price list formed and published by the Company.
For all cash payments of the price by the User, the Professional is obliged to pay an intermediary commission to the Company in the amount of 10% of the price, within 15 days from receiving the cash payment.
The Company is obliged to pay the Professional, within 30 days, the amount for services performed which users paid to the Company via payment cards for the services performed by that Professional, deducting the amount of intermediary commission of 10% of the price and related bank fees (inlcuding card transaction processing fees).
The Professional and the Company agree on a subscription for usage of the Service, which the Professional is obliged to pay to the Company for the month for which they want to be registered on the Service as a Professional. The Company is entitled to stop providing the possibility of using the Service to those Professionals who, according to internal rules and the Code, do not meet the standards to which the Company is committed, and especially those whose average user rating falls below 3.0.
VI – ROADSIDE ASSISTANCE PACKAGES AND PRICES
General information on roadside assitance packages
Roadside assistance packages are related to costs of service in the event of a vehicle breakdown on the road in the territory of the user and the territorial part of Europe.
An individual roadside assistance package satisfies requirements and needs of those who want to ensure that these risks are covered now and in the future for the duration of the roadside assistance package, with large savings.
Territory of the User is the state in which the Useris a resident. For the purpose of understanding, for example, if a User is a resident of the Republic of Serbia, the Republic of Serbia is considered the user’s territory.
Manners of purchase and activation
Article 37 – RESTRICTIONS
The User is entitled to services from a selected package only if the package is activated in the user’s territory. If the package is activated outside of the user’s territory, the services from the selected package will be unavailable. A roadside assistance package can be purchased at the sale location, via mobile application or the web shop.
After paying for the selected package, the Service sends an appropriate notification and the roadside assistance package becomes active, depending on the manner of purchase, i.e. paying for the package in following ways:
Purchasing the package at the sale location
- activation is done in the application by scanning a QR code from a roadside assistance card, making the selected package active 24h after verifying the scanned QR code;
Purchasing the package via the application
- purchasing the package through “Card payment” option, the package is being “Activated” for the next 24h from paying with a card, and after the activation period the package becomes “Active”.
- purchasing the package through “Slip payment” option, the package is being “Activated” for the next 24h from the Company’s verification of the payment on the bank statement, and after the activation period the package becomes “Active”.
Purchasing the package on the Web Shop
- purchasing the package through “Card payment” option, the package is being “Activated” for the next 24h from paying with a card, and after the activation period the package becomes “Active”.
- purchasing the package through “Slip payment” option, the package is being “Activated” for the next 24h from the Company’s verification of the payment on the bank statement, and after the activation period the package becomes “Active”.
All future requests by the User for roadside assistgance will be covered only to the extent selected by the roadside assistance package, immediately after activation, and only if the activation was performed in the territory of the User, in accordance with provisions of this article.
The monetary obligation paid by the User as a consumer througha bank, public postal operator or other person, which in accordance with the law provides payment services, in accordance with article 15 of the Law on Consumer Protection is considered settled on the day when the bank, public postal operator or other person who provides payment services in accordance with the law has received a payment order from the consumer, but the activation of the package is done within deadlines specified in this article, which does not violate rights of the consumers.
Package validity period
The roadside assistance package is valid from its starting date, and stops being valid on its end date as shown in the option “My Profile”.
Roadside assistance package validity period starts from the date marked in the roadside assistance package and it covers multiple trips. Package’s end date is also clearly stated. All roadside assistance packages have a validity date of 1 year (365 days) except from promotional packages whose validity period is precisely stated.
In the event that the number of services from the package is fulfilled, the user package ceases to be valid with the last service request, regardless of the previous duration.
Also, after purchasing a new roadside assistance packages with the user’s consent, the existing roadside assistance package ceases to be valid. The package is valid from the moment of activation for the next year.
General conditions of the roadside assistance package
For the purposes of interpretation of the terms of the roadside assistance package, the following terms have the following meanings:
Service user – a natural person with permanent or temporary residence in the territory of a certain state (e.g. the Republic of Serbia) or a legal entity with a seat in the territory of a certain state (e.g. the Republic of Serbia) who bought a travel assistance package.
Service – The service is intended for mediation in the provision of auto-mechanical services and vehicle removal services by connecting users who need the service with professionals who provide them, and who are registered to perform these activities by competent institutions.
Vehicle – passenger and light trucks registered in the Republic of Serbia, with total weight from 3.0 t to 5.5 t, total length 5.5 m and 2 m high, which are in use by the Service User or under leasing, where the Service User has the right to drive the vehicle. All cargo vehicles, trucks, ambulances, vehicles for transport of immobile persons, work machines and vans are excluded.
Professionals – providers of designated services in the Republic of Serbia with whom the Company has a contractual business relationship. Professionals are obliged to provide serviced persons who they have reached via the Service, i.e. through the Company, with the services in the same way, with the same level of professional attention, commitment and efficiency, while applying the appropriate standards, adhering to consumers’ legal rights, as well as to the persons they have reached outside of the Service. Professionals are legally responsible for any non-conformity of goods or services they provide to the User.
Malfunction – designates an event during the package’s validity period where starting the vehicle is impossible due to mechanical or electrical failure, including faulty battery, punctured / flat tire, traffic collision, fire, flood, theft, vandalism or any fault caused by the driver.
Professional field examination – If the user reports a fault, the company will automatically assign the nearest professional through the system. After confirmation by the professional, which is displayed to the user on the mobile phone and confirmation by the user, the contact phone, GPS location and distance of the user are forwarded to the professional. The user receives feedback on the professional’s distance, expected arrival time and tracking of the professional via a map.
Minor repair on the road – includes minor repairs (flat tire, battery jump-start, refueling or minor electronic malfunction diagnostic). Total mileage is calculated from the location of the nearest professional to the location where the service is requested. The service automatically monitors the partner for the sake of transparency of the complete service. For each additional professional service, the user will be billed in digital format to the registered e-mail address.
Each kilometer / working hour over the allowed distance and / or time limit is automatically calculated by the system according to the valid price list and the additional costs of mileage and / or working hour are subsequently borne by the service user.
Towing service – If the service user has reported the need for towing service, the Company will automatically assign the nearest professional. After confirmation by the professional, which is shown to the user on the mobile phone and confirmation by the service user, the contact phone, GPS location and distance of the service user are forwarded to the professional. The user of the service receives feedback on the distance of the professional, the expected time of arrival and tracking the professional via a map. The total mileage is calculated from the location where the user requested the towing service to the location of the agreed / desired unloading of the vehicle for which the service is provided. Each kilometer outside the conditions stated in the roadside assistance packages, the system automatically calculates according to the valid price list and the additional mileage costs are borne by the service user later. For each additional service of a professional, the user will be billed in digital format to the registered e-mail address.
Toll costs designate the potential costs of passing through a tunnel, ferry, toll and similar costs when providing the towing service. Toll costs are covered by the subscription for the roadside assistance package, except in the case of passing through private highway sections.
Roadside assistance package price
Additional travel assistance costs
In the event of a traffic accident, the Service organizes the towing Service only if a police report on the traffic accident has been made, a confirmation from the Interior Ministry on the performed investigation. The user of the Service should be at the registered GPS location when providing the towing Service (except in case of injury when urgent medical help is needed).
Restrictions on roadside assistance packages
The start of the selected roadside assistance package is subject to the following restrictions:
- When a service request cannot be submitted:
a) The Company is not able to provide selected services at the same time of package purchase, more precisely 24 hours from the start date of the package due to the activation period of 24 hours;
b) the roadside assistance package must be activated in the user’s territory, and if the activation was performed outside the user’s territory, the roadside assistance package is considered inactive.
- Number of service requests that can be performed annually:
a) one service request means a request for Service under a roadside assistance package, regardless of who submits the request;
b) change of tires/ coming of repair persons is equal to one service request, even if more than one tire is changed during one service request.
Additional services and additional fee
The Company may also offer additional services to the User after failure for an additional fee to be agreed with the User before the Service is provided, and charged per Service rendered.
The number of services that the User can request during the year is shown within the user package.
Any additional costs not organized or agreed and not approved by the Company will not be reimbursed.
Caravans and trailers
Caravan and trailer service, if it is included in the coverage of the user package for roadside assistance, is performed only in cases when they are connected to the user’s vehicle. Service of caravans and trailers that are specially parked or defective is not included in the package.
If the User tows a caravan or trailer, if additionally requested in writing, the User’s travel assistance package will be additionally priced.
The Company will provide services that are available in accordance with the policy in relation to the caravan or trailer.
The Company cannot organize a replacement caravan or trailer, nor drive vehicles with towbars, so the User will have to leave the caravan or trailer with the vehicle while it is being repaired.
There is a possibility that it is necessary to return the caravan or trailer back to the given destination together with the vehicle, if the vehicle cannot be repaired within the planned time frame.
Restrictions on the use of packages
Package coverage is subject to certain limits:
- The maximum number of Service requests that the User can use depends on the level of the assistance package on the selected route, according to the available schedule;
- Each package has a limit on the maximum number of services that can be performed during the package period.
- The package includes unlimited travel during the travel assistance package period, but each trip is limited to a maximum of 90 days
- Each service request shall be counted as an individual request, where service requests relating to the same vehicle in a collision shall be counted as one request.
Roadside assistance packages do not include:
- routine servicing and maintenance of vehicles;
- fees for vehicle storage if it is not included in the user package;
- storage and safekeeping of caravans or trailers;
- spare wheel if the User does not have a spare wheel provided by the manufacturer;
- any fees for the use of the user’s vehicle for business, commercial travel, rental and the like;
- rental of minibuses, caravans or trailers, motorcycles or vans;
- failures caused by activities not subject to the rules of the road, for example: rallies, car races, use of racetracks or other formal or informal races;
- overloading the vehicle according to the laws in any country in which the vehicle is driven;
- any fees for the user’s vehicle, if not legally taxed, provided with a valid registration sticker prescribed by law or not used in accordance with the manufacturer’s instructions;
- if the user intentionally abuses the system and cancels the services he has chosen.
Travel assistance packages do not cover costs:
- use of special equipment when towing vehicles that are off the road in inaccessible places such as canyons, bays, etc.;
- spare tires and wheels, additional repairs or purchase of new ones;
- keys that have been lost or stolen. The user package only covers the organization and coming of professionals and the provision of services;
- service of vehicles that can not be driven and that are off-road. If it is taken into account, acting reasonably, that the vehicle is in a condition where it is impossible to provide Service or endangers the safety of a professional, the Company may refuse to provide Service. If the User can prove that the vehicle is on the road, services will be provided;
- deterioration or collision in road traffic caused by oil or water squeezing, frost or rust damage or corrosion;
- any claim that is or may be affected by alcohol or drugs; or
- mistakes which occur when you are asked to review and approve a document that records the condition of the user’s vehicle, including the electronic form, It is the User’s responsibility to provide an accurate and complete record. The Company will not be liable for any errors or omissions of others.
Excluding the importance of roadside assistance packages
The following conditions apply to all parts of the package, and if the User does not comply with them, the Company may refuse coverage and / or cancel the user package:
- The selected package must be paid;
- Services must be requested within the existing system in accordance with the package selected by the User;
- The user must be a resident of the Republic of Serbia during the validity period of the package;
- Requests for Service within 24 hours after the failure may be partially or completely rejected;
- In the event of a malfunction caused by a defective component and / or part by the manufacturer, the user must switch off the car so that, for example, a fault in the air conditioning does not pose an interruption by itself, and the warning light does not always show malfunction;
- If the User has requested services from the Service in order to avoid the costs of vehicle repair, the Company is not able to cover such costs;
- The user is responsible at all times for the care of his personal belongings, luggage, goods within the vehicle or on the vehicle. The Company assumes no responsibility for any loss or damage to them;
- Every person under the age of 18 must be accompanied by a qualified driver who is 25 years of age or older;
- Transport of animals is not allowed in the vehicles of professionals except in individual cases when the Professional himself provides transport of animals. Each animal can stay in the user’s vehicle at their own risk. The Company does not take responsibility for animal injuries or damage caused by malfunction. Livestock cannot be transported. Animal costs are not reimbursed;
- The vehicle must not carry more passengers than stated in the vehicle registration document. Each passenger must have a separate fixed seat, set up according to the manufacturer’s specification and each child must have a properly fitted child seat;
- When providing Service in accordance with all packages, there is no confirmation of the legal and road condition of the vehicle, which remains the responsibility of the User;
- The Company assumes no responsibility for any losses incurred during the provision of the Service that are not explicitly covered by the selected package as losses for which the Company is liable. For example: The Company is not responsible for lost profits;
- Packages do not cover additional vehicle repair requirements that are not necessary to continue the journey;
- The user’s vehicle must be insured according to the valid legal regulations;
- The Company does not warrant that repairs in any garage / service facility will be during business hours, or that repairs may begin immediately. The Company cannot guarantee whether the service / garage will undertake the type of repairs required.
- The Company cannot take responsibility for repairs in any service / garage, because the contract for such repairs is concluded between the User and the service / garage.
- If the Company organizes a taxi, hotel or similar facilities as part of a travel assistance package, the Company will always try to find an appropriate option that is available at that time:
a) The Company is not responsible for the quality or Service of each individual hotel or booked taxi;
b) The Company cannot be responsible for checking the condition of each vehicle or the quality of Service provided by each service provider;
- 18. The user’s vehicle may not have test or temporary plates. In emergencies and situations, services may be interrupted.
The Company may mediate in the provision of additional services that are not included in the package, such as arranging delivery when the User:
- Buys spare parts that are necessary;
- Extends residence time or
- Buys glass to repair the vehicle.
All additional services are paid in advance, after mutual agreement.
Package renewal and package upgrade
At the earliest 30 days before the expiration of the validity period of the user package, the User can renew his package, which becomes valid after the expiration of the existing package, without the activation period (24h). Also, in case the User renews the package within a period of up to 30 days after the expiration of the package, the package becomes valid after the payment, without the activation period (24 hours).
The package can be renewed by purchasing a new one at the point of sale, through an online store (web shop) or through an application.
The user can upgrade his package to a wider territorial and Service coverage at any time via the application or by sending a written request to the email address firstname.lastname@example.org. The upgrade does not extend the validity period, ie the package is not renewed. The period of validity of such upgrade is until the expiration of the period of the valid package.
The user can upgrade his package at any time during the time current package is stil valid, if he has not used any service from the existing / active package. The upgrade does not change the validity period of the package.
The user can choose to upgrade the VOZZi RS package through the application, while other types of upgrades (VOZZi 40 packages to other packages, as well as European packages to a larger territorial coverage) can be performed by contacting Customer Support at email@example.com and firstname.lastname@example.org, in writing, with a request to upgrade the package. Customer Support Service notifies the User in writing via e-mail about the upgrade of the package.
When paying using Visa, MasterCard and Maestro payment cards, the User pays the calculated amount, while the transaction costs (bank commission) are borne by the Company. Data security at the time of purchase is guaranteed by the payment card processor. At no time is payment card information available to our system or the Company. In the case of a refund to a user who has previously paid with one of the payment cards, in part or in full, regardless of the reason for the refund, the Company is obliged to refund exclusively through VISA, EC / MC and Maestro payment methods, which means that the bank, at the request of the Company, will make a refund to the account of the cardholder. The text “VOZZI service” appears on the bank statement.
When paying in cash to the Professional, the User pays the calculated amount to the Professional according to the invoice provided by the Professional.
The Company reserves the right to change the Price List and packages, with timely notification via the Internet, and respect for good business practices.
VII – EVALUATION SYSTEM AND CODE
The user has the opportunity to rate the Professionals he has contacted with ratings from 1 to 5.
The Service automatically calculates and shows the Company the average user rating for each Professional individually.
The Company reserves the discretion to cancel the assigned grades, as well as the right not to cancel the grade in each individual situation.
The Company adopts a Code which regulates in more detail the behavior of service providers provided by professionals and who are obliged to respect it.
The Company may prescribe in the Code special rules that apply in the relationship between the Company and professionals.
The Company has a special right to stop providing the possibility of using the Service to those Professionals whose average user rating falls below the value of 3.0.
The Company has a special right to stop providing or restrict the use of the Service to those professionals who do not comply with the Code, depending on the severity of the violation of the Code.
VIII – PERSONAL DATA PROTECTION
The Company processes the necessary data of those persons who have given consent to the processing, for a clearly defined purpose, in a manner permitted by law, so that the subject which gives data is not specified or identifiable even after the purpose of processing and in proportion to the purpose of processing.
The Company may, in accordance with the law and the Rulebook on Personal Data Protection, collect certain data on visits obtained during the use of the Service. This data can be used by the Company to have information that would improve its information society service and Service, and further direct and adapt it to visitors and Users.
The Company does not collect User data on the payment card. When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using the PCI DSS 3.1 standard, as currently the most modern cryptographic technology..
The security of data when purchasing is guaranteed by the payment card processor whose Level 1 is the payment service provider, so the complete billing process is performed on the provider’s website. At no time is the payment card information available to the Company or third parties.
All general acts of the Company must be in accordance with the Rulebook on Personal Data Protection. If any general act of the Company is not in accordance with this Ordinance regarding the protection of personal data, the provisions of the said Ordinance shall apply.
IX – NOTIFICATIONS
The User agrees that the Company may periodically send him notifications related to the content of the Service, as well as notifications concerning the Service, the Company, as well as advertising notices.
X – COMPLAINTS
As the Company provides an information society service, it is not possible to file a complaint against the performed Service.
The information society service provided by the Company is fully performed because the provision of the Service began after the explicit prior consent of the user to use the Service.
XI – COPYRIGHT
The Company has the exclusive copyright and intellectual property rights on the Service, as well as on all individual elements that make it up, such as: text, visual and audio elements, visual identity, data and databases, program code and other elements of the Service, which are created by the Comany.
Unauthorized use of any part of the Service, or the Service as a whole, without the express prior written permission of the Company as the holder of the exclusive copyright, will be considered an infringement of the Company’s copyright and is subject to all legal proceedings.
The Service may also contain elements on which exclusive copyrights, trademark rights and other intellectual property rights are held by other persons, such as the contents of the Service users, aggregated publicly available content, the content of business partners, advertisers and the like. Other persons have sole responsibility for the content on which they are holders of these rights, regardless of the fact that such content is on the Company’s Service.
Each person is indipendently responsible for content which has copyrights of that person, or for the content that he independently posted and made publicly available through the Service.
XII – GUIDELINES FOR USING AND AVOIDING ABUSE
Users are obliged to follow the Guidelines stated here when using the Service.
The Company has the right, but not the obligation, to remove or not publish the content that any user posts on the Service without explanation.
The User is responsible for the posted content, especially if that content, according to the discretionary assessment of the Company, includes (but is not limited to):
- openly offensive content, or content that promotes racism, intolerance, hatred, or physical harm of any kind, and that is directed at any group or individual,
- harasses, or promotes harassment of another person,
- exploits people sexually or violently,
- Contains nudity, excessive violence, or offensive content, or contains a link to adult websites,
- Requests personal information from persons under the age of 18,
- publicly discloses information that poses, or creates a risk to, the privacy or security of any person,
- contains, or promotes information that are known to be inaccurate, or that leads to erroneous conclusions, or promotes unauthorized activities, or whose content is offensive, intimidating, threatening, obscene, or defamatory,
- contains, or promotes an unauthorized or unauthorized copy of another person’s protected work,
- ● includes the transmission of unwanted mail, mail, or mass mail, instant messaging, or “spam”,
- Contains restricted pages, or pages that can only be accessed with a password, or hidden pages, or images (those that are not linked to other pages),
- Encourages, or promotes criminal activities, or businesses, or provides instructions to engage in illicit activities, including, but not limited to, the manufacture of, or purchase of, illegal weapons, violation of someone’s privacy, or the detection or creation of computer viruses,
- seek passwords, or information that personally identifies you for commercial or unauthorized purposes, from other users,
- includes commercial activities and / or sales without the prior written consent of the Company such as contests, lotteries with prizes in goods and services, exchanges, advertising, or pyramid schemes,
- includes a photo, or video of another person that you posted without that person’s consent, or
- violates privacy rights, public disclosure rights, defamation rights, copyrights, trademark rights, contract rights, or other personal rights.
The following are examples, without limitation of any kind, of activity that is not permitted, or prohibited on the Service:
- criminal or delinquent activities, including child pornography or eroticism, fraud, distribution of pornographic content, distribution or use of drugs, gambling, harassment, stalking, “spam”, pyramid schemes, Ponzi schemes, sending viruses, or other harmful files, violation copyright, patent infringement or theft of a trade secret,
- advertising to users or offering to buy or sell any products or services through unauthorized or illegal uses of the Service,
- ● circumventing, or modifying, attempting to circumvent, or modify, or encouraging, or assisting others to circumvent, or modify, any of the security technologies or software that are part of the Service,
- falsifying TCP / IP packet headers, or any piece of header information in any publication, or otherwise using the Service to send altered, fraudulent, or erroneous information that identifies the source,
- activities that involve the use of viruses, bots, worms, or other computer codes, files, or programs that interrupt, destroy, or restrict the operation of computer software or hardware, or otherwise allow unauthorized use of, or access to, a computer or computer network,
- interfere with access to the Service by any user, host, or network,
- overlay, or obscure of advertising through banners or other graphic elements on the user’s profile page, or any page of the Service via HTML / CSS, or in any other way,
- including HTML, CSS, or any other encoding on the user profile page, including, but not limited to, all hidden or otherwise secretly contained codes in the submitted content that is not related to the nature of the submitted content,
- any automatic use of the system, such as, but not limited to, the use of image-sending scripts or videos,
- interfering with, interrupting, or creating unnecessary workloads of the Service, or online, or services related to the Service,
- imitation, or attempt to imitate a legal or natural person,
- use another user’s login or username at any time, or disclose a password to third parties, or allow third parties to access a user account other than their own,
- sell, or otherwise transfer a user profile,
- use information obtained from the Service to harass, abuse, or injure a person, and attempt to do so,
- an unauthorized commercial advertisement on a user profile, or acceptance of a payment, or anything of value from third parties in exchange for performing commercial activities through unauthorized, or illegal use of the Service on behalf of that person, or
- delete, or otherwise modify copyright, trademark, or other proprietary rights notices that appear on user content, unless it is content posted by the user,
- use of meta tags, or other hidden text, or metadata using the Company name, trademark, URL, or product name without the prior express permission of the Company,
- attempt to examine, scan, or test the vulnerability of any part of the Service, or violate any security or authentication measures,
- collecting, or storing personal information about other users without their express permission
- imitating, or misrepresenting a person’s connection, through a pre-sent text, or other form of social engineering, or other forms of fraud,
- use of the Services in a manner inconsistent with any applicable laws and regulations, or breach of the Services, or network security.
In order to avoid abuse, we suggest that in the period when users do not use the Service, use some of the certification systems provided by the Service:
a. A warning when you start a search, you get a confirmation by a professional;
b. Accepting a call from a professional and canceling the Service in the meantime;
The Company reserves the right to view the ordered and unused Service as used.
The Company has the right, but not the obligation, to monitor all user activities, and user content associated with the Service. The Company may investigate all reported violations of its Guidelines and other reports, and may take any legal or technical action it deems appropriate. The Company will investigate the circumstances that may include these violations and may call for cooperation and cooperate with the competent state authorities during the identification, investigation, or prosecution of persons involved in this violation of the Guidelines, ie violation of the law.
The Company reserves the discretion to use all legal remedies, including, but not limited to, the removal of the user account and user content, as well as to immediately suspend all services of the Company used by the user, in case of any violation of these Terms, or in case the Company may not verify, or check any information that the user sends to the Company.
The Company reserves the right to, in case of abuse of the selected package, at its own discretion, cancel the package without the possibility of any refund to the user or to limit the package in terms of service content or duration or extension.
XIII – LIMITATION OF LIABILITY
Users use the Service solely at their own risk. The User expressly accepts that the Company cannot be held responsible for the behavior of other users or third parties, as well as that the risk of possible damage is borne entirely by those persons, in accordance with the applicable legislation of the Republic of Serbia.
Content posted by users through the Service, regardless of the form of content (text, audio, video, etc.) must be accurate and correct. The user who entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entries implies that they come from a competent source and / or personal experience of the user. Correctness means grammatical, spelling and factual correctness. For each individual entry, the sole responsibility lies with the user who made the entry.
The Company does not guarantee the correctness, reliability, or the content posted by the user. The Company does not initiate the transmission of an electronic message submitted to it by the service user, does not select data or documents to be transmitted, does not exclude or change the data in the content of the message or document and does not select the recipient of the transmission.
Except in case of intent or gross negligence, the Company is not responsible for any temporary unavailability of the Service, nor for partial or complete non-functioning or malfunction of the same. The Company is not responsible for technical problems that may lead to delays and / or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the above. The Company does not in any way guarantee the operation of the Service on non-standard equipment or non-standard devices, or on non-standard operating systems and / or software.
The Service may be temporarily unavailable or available to a limited extent, as a result of regular or extraordinary system maintenance, or in case of system upgrades.
XIV – SUB-APPLICATION
The Company has the right, but not the obligation, to present, in addition to the services of the Service, through the Service other services provided by third parties, such as banks or insurance companies (hereinafter: Sub-application).
The rights and obligations regarding the eventual use of the Sub-Application by the User may be subject to other conditions of use, in accordance with the law, of which the User is specially informed and to which he gives special consent.
XV – RESOLUTION OF COMPLAINTS
The Company has the possibility to consider in certain situations the User’s complaints filed against the work or the adequacy of the Service provided by the Professional, or the Professional’s complaints about the behavior or actions of the User.
The User has the possibility to complain to the Company about any segment of the Service or part of the Service provided by the Professional that he considers to be inadequate or that damage has occurred, regardless of the fact that the Company is not liable for damage caused to the User by the Professional.
The Professional has the possibility to complain to the Company about any behavior or actions of the User that he considers to be inadequate or have caused him damage, regardless of the fact that the Company is not responsible for the damage caused to the Professional by the User.
If possible, the Company will contact the other party regarding the complaint and try to mediate in the peaceful resolution of the complaint, and if it fails, the Company will refer the complaining party to exercise its rights through court or other means available to that party.
Notwithstanding the previous paragraph, the Company reserves the right to terminate any cooperation with the Professional as a result of the inability to resolve the User’s complaint amicably, or as a result of the number of complaints against an individual Professional, or to stop providing Service to the User as a result of the inability to resolve Professional’s complaint peacefully.
XVI – JURISDICTION AND DISPUTE RESOLUTION
All disputes that may arise between the Company and the user in connection with the use of the Service are subject to the applicable regulations or the law of the Republic of Serbia, excluding the application of the rules on resolving conflicts of jurisdiction. The Company and the user are obliged to try to resolve the dispute amicably, and if they fail to do so, only the courts in the Republic of Serbia, ie the Commercial Court in Belgrade for legal entities or the First Basic Court in Belgrade for natural persons will have jurisdiction, except in the case consumer dispute with a citizen of the Republic of Serbia, when the jurisdiction is determined in accordance with the Law on Consumer Protection.
The Company in no way mediates as a mediator or participates in any litigation that may arise between two or more users of the Service or the User and the Professional, unless legally bound as a necessary adversary.
XVII – TRANSITIONAL AND FINAL PROVISIONS
In Belgrade, on 05.10.2020.
Published on 05.10.2020.
Start of application on 13.10.2020.
KOV TECHNOLOGY DOO BEOGRAD
Vladimir Šijaković, Director