General provisions

These General Terms of Use of the “Review Booster Pro” service (hereinafter: General Terms) regulate the relations between the users of the “Review Booster Pro” service (hereinafter: Provider of Various Services) and the company Review Booster Pro d.o.o. from the Republic of Croatia, Dubrovnik, Liechtensteinov put 3, as the rights holder of the “Review Booster Pro” service (hereinafter: Rights Holder)

By the conclusion of the agreement on the provision of the “Review Booster Pro” service with the Rights Holder, the Provider of Various Services accepts these General Terms. “Review Booster Pro” service may be used in accordance with the agreement on the provision of the “Review Booster Pro” service and these General Terms.

Definitions

“Review Booster Pro” is the innovative service through which the Reviewers rate the provided activity of the Providers of Various Services by providing reviews, ratings on digital platforms.

Provider of Various Services means a legal or natural person performing various activities from the tertiary and quaternary economic sector, including, but not limited to, hospitality, trade, tourism, education, health services etc., who have been established and perform activities in accordance with the laws of the country of establishment or permanent/habitual residence.

Reviewer means each user of the Provider of Various Services who through the “Review Booster Pro” service provides a rating, review of the provided services by connecting their mobile device and the RBP device owned by the Provider of Various Services.

“RBP Device” is the device with the NFC chip used for contactless access to the website of the RBP profile.

NFC („Near Field Communication“) is the technology enabling contactless transfer of data on small distances between two devices.

RBP Profile means a profile in the RBP system through which the Provider of Various Services connects with review platforms, whereas each business unit of the Provider of Various Services can have only one link to each review platform, i.e. only one profile.

Service Description

“Review Booster Pro” service includes:

1. RBP Devices at a certain fee;

2. the administrative interface where the Provider of Various Services can manage the content of the website, links to review platforms (reviews), other users of the “Review Booster Pro” service and advertising space, adjust the appearance of the target website and review the statistics of using the “Review Booster Pro” service and

3. target page with the object profile, which service may be altered from time to time by the Rights Holder for the purpose of improvement of the service.

The Provider of Various Services may agree on the purchase of additional RBP Devices with the Rights Holder.

By conclusion of the agreement on the provision of the Review Booster Pro service RBP Device(s) become the ownership of the Providers of Various Services. The Provider of Various Services has a warranty on RBP Device(s) during the use of the “Review Booster Pro” service. The warranty is valid only in case of appropriate handling of the RBP Devices.

The internet access is required for the use of the “Review Booster Pro” service, which the Providers of Various Services and Reviewers are obligated to provide.

The Reviewer rates the services of the Providers of Various Services at his own discretion. The Rights Holder is in no way included in other aspects of providing service of the Providers of Various Services, such as preparation, payment of services etc.

The Provider of Various Services uses the “Review Booster Pro” service at his own risk.

The Rights Holder reserves the right to change and/or supplement the functionality of the “Review Booster Pro” service by amending these General Terms.

Duration of use of the “Review Booster Pro“ service

The Provider of Various Services who concludes an agreement on the provision of the “Review Booster Pro“ service uses the service for a limited period of 1 year.

The beginning of the duration of the “Review Booster Pro“ service begins with the activation of the user account and the delivery of the RBP Device, all within time limits which will be defined during the advanced payment of the price defined under the agreement on the provision of the “Review Booster Pro” service.

The Provider of Various Services may before the expiry of the time limit for the mandatory use of the “Review Booster Pro“ service submit a request for the extension of the duration of use of the “Review Booster Pro“ service.

Price and terms of payment

For the activation and use of the “Review Booster Pro“ service and RBP Device the Provider of Various Services pays a price which amount and terms will be defined by the agreement on the provision of the “Review Booster Pro“ service.

The Provider of Various Services is obligated to pay the price defined by the agreement on the provision of the “Review Booster Pro“ service whether using the service or not. In the event of cancellation or termination of the agreement on the provision of the “Review Booster Pro“ service the Provider of Various Services is not entitled to reimbursement of the paid price.

Registration

In the procedure of opening of the “Review Booster Pro” service, the Provider of Various Services is obligated to deliver: the name under which it will use the “Review Booster Pro” service, deliver a valid email address and, at the request of the Rights Holder, deliver other data required for the activation and use of the “Review Booster Pro” service.

Only the Provider of Various Services who delivers all required data and documentation will be able to use the “Review Booster Pro” Service.

The Provider of Various Services agrees that he is liable for the accuracy and completeness of data entered during the opening of the user account of the “Review Booster Pro” service.

The Provider of Various Services agrees to allow each Reviewer the non-exclusive right to access his data within the “Review Booster Pro” service. The Reviewer’s right to access data excludes mass collection of contents and any commercial use of data. The Reviewers’ right to access data ceases the moment the Provider of Various Services or Rights Holder removes or deletes such data from the user account of the “Review Booster Pro” service.

The Provider of Various Services is obligated to keep the data of his “Review Booster Pro” service user account and is entirely liable for any damage resulting from an unauthorized use of his user account.
The Rights Holder reserves the right to remove the user profile if the Provider of Various Services misuses the data published in the “Review Booster Pro” service, especially if during the entry of data in the “Review Booster Pro” service user account or otherwise during the use of service he provides incomplete or false identification information.

The Quality of the Review Booster Pro Service

The Rights Holder maintains the quality level of the “Review Booster Pro” service with regard to technical and operational possibilities. The Provider of Various Services agrees that the Rights Holder does not guarantee that the “Review Booster Pro” service will at any time function without interruptions.

The Rights Holder is not liable for damage caused due to inability to use the “Review Booster Pro” service, especially resulting from inappropriate actions of the Provider of Various Services, improper handling of the RBP Device, contact of the RBP Device with water, influence of other licensed and non-licensed programmers, unavailability of the service due to occasional technical issues, force majeure and similar events, for the problems of access to administration pages of the “Review Booster Pro” service resulting from an error of the internet service provider, error of the Provider of Various Services’ computer or an error of Provider of Various Services’ internet connection and for any loss of data which might occur during information transfer on the internet.

The Rights Holder is not liable for any consequence which might occur through the use of data from the “Review Booster Pro” service by the Providers of Various Services or Reviewers, especially not for the truthfulness of the review.

The Provider of Various Services agrees that, due to the stated reasons, the access to “Review Booster Pro” service might be interrupted, temporarily unavailable or turned off.

Ability to Accept Service

The Provider of Various Services who uses the “Review Booster Pro” service or accesses it as the representative of a natural person or a legal entity, agrees to be liable for a legal authorization to represent those natural persons or legal entities and to be entirely able to abide by these General Terms.

Intellectual Property and Copyright Protection

The rights relating to “Review Booster Pro” service include, but are not limited to text, photos, format, data bases and all other (statistic and/or animated) materials, sounds, formats, software, names (including the domain) and other contents located on the websites in connection with the “Review Booster Pro” service. All abovementioned contents are the exclusive right of the Rights Holder or are used with the explicit consent of the copyright holder and the rights holder of the trademark and/or design, and in accordance with the regulations of the Republic of Croatia.

The Rights Holder reserves the right to register the “Review Booster Pro” name and potential logos, emblems, symbols, label and other characteristics in relation to the “Review Booster Pro” service as the Rights Holder’s trademark. The “Review Booster Pro” name and potential logos, emblems, symbols, labels and other characteristics in relation to the “Review Booster Pro” service are protected by all permitted legal means within the regulations in force of the Republic of Croatia.

Unless otherwise stated, all other trademarks appearing in the system are the intellectual property of their holders. The “Review Booster Pro” service may show property whose copyrights belong to third parties. The use of this property may be subject to licences which were issued to the Rights Holder by third parties. The Provider of Various Services is not authorized to distinguish, deconstruct and decompose such property and nothing in these General Terms can be construed as giving any right to the Provider of Various Services in relation to such property. The Rights Holder is the holder of copyright in relation to selection, coordination, posting and upgrading of such content, as well of the right in relation to the original content.

It is prohibited, save for the agreement with the Rights Holder, any copying, distribution, transfer, publishing, reproduction, amendment, revision, transmission, connecting, deep linking, creating derivatives or amendments in other ways of the “Review Booster Pro” service and the websites in relation to the service.

The Provider of Various Services is not permitted to use, copy or distribute for commercial purposes third party contents which he has acquired via “Review Booster Pro” service. The Provider of Various Services is not permitted to copy, redistribute, repeat transfer, issue or commercially use the taken over material without the explicit written consent of the Rights Holder and the copyright holder.

The Provider of Various Services is not permitted to post, publish or in other way make available via “Review Booster Pro” service any material which is subject to copyright, trademark or other intellectual property rights, without explicit consent of these right holders. The Provider of Various Services is explicitly liable for damage which may incur by violation of copyright, misuse of the trademark and other intellectual property rights, or any problems resulting from the publishing of such materials.

The violation of these General Terms which may have the consequence of copyright violation, trademark rights, or rights of any other form of intellectual property may lead to civil, criminal and/or misdemeanour liability of the offender.

Licenses and trademarks

All trademarks, logos, website addresses, product or name which describes the Review Booster Pro service, support etc. which contain the word “Review Booster Pro” and which are included in the content of the page (together: Review Booster Pro trademarks), are trademarks and/or property of the Rights Holder.

Each list of the Rights Holder’s trademarks or other trademarks on the website of the “Review Booster Pro” service is updated from time to time, but it will not be taken into consideration as a comprehensive list of the Rights Holder’s trademarks or other trademarks.

Each use of the Review Booster Pro trademarks or amendments (unless explicitly permitted in a written form by the Rights Holder) are strictly prohibited.

Other products and company names mentioned in the “Review Booster Pro” service may be trademarks of their owners.

By use or access to the “Review Booster Pro” service, the Provider of Various Services does not acquire, explicitly or tacitly, any licence or the right to use the trademark, patent, design, copyright or other right belonging to the Rights Holder and/or third person. The Providers of Various Services are liable for abiding by the copyright and other intellectual property rights with regard to these contents.

Right to Remove

The Rights Holder reserves the right to remove any material which he, at his own discretion, considers not compliant with the agreement on the use of the “Review Booster Pro” service and the General Terms or which he, in another way, finds inappropriate.

Waiver of liability and restrictions of obligations

By accepting the General Terms, the Provider of Various Services acknowledges and accepts the use of the “Review Booster Pro” service at his own responsibility and that the service and the related website are provided at the “as is” and “upon availability” principle without any kind of warranty.

As to the highest level permitted by law, the Rights Holder, his employees, directors and agents waive all warranties in relation to the provision of the “Review Booster Pro” service and by use thereof by the Provider of Various Services including, but not limited to the warranties of trade standards, compliance to a certain purpose and protection of ownership rights.

The Rights Holder does not provide any warranties or representations regarding accuracy or completeness of the content of the “Review Booster Pro” service and the related website or the content of any third person connected to the service and does not assume liability or obligation for any (i) mistakes, misunderstanding or impreciseness in relation to the content, (ii) physical injuries or damage of any kind of property which are a result of access and use of the website and service, (iii) any unauthorized access to Rights Holder’s servers and personal data and/or financial data stored there, (iv) any interruption or termination of communication with the service and the website of the service, (v) any bugs, viruses, trojan horses, and similar occurrences which any third person may transfer to the service and the website of the service or through it, and/or (vi) any errors or omissions in relation to any content or to any loss or damage resulting from the publication, content, its sending via email, communication about it, transfer or any other availability via the service.

The Rights Holder does not warrant, recommend, guarantee or assume liability for any product or service which a third person has advertised or offered via “Review Booster Pro” service, related website or any website connected to the “Review Booster Pro” service and any website displayed in any window or other method of advertising. The Rights Holder shall not be considered participant or in any way liable for monitoring any transactions between the Provider of Various Services and/or other users and/or providers of products and services of third persons.

The Rights Holder, his employees, officers, directors and agents shall not in any way be liable for a direct, indirect or any other damage (even if the Rights Holder was informed about the possibility of any such damage) resulting from the use of the “Review Booster Pro” service by the Providers of Various Services due to inappropriate handling of the Provider of Various Services, erroneous handling of the RBP devices, contact of the RBP device with water, influence of other licensed and non-licensed programmers, unavailability of the service due to occasional technical issues, force majeure and similar events, for the problems of access to administration pages of the “Review Booster Pro” service resulting from an error of the internet service provider, error of the provider and similar various services’ computer or an error of the internet connection of the provider and similar various services and for any loss of data which might occur during information transfer on the internet.

The Rights Holder is not liable for any consequence which might occur by use of data from the “Review Booster Pro” service by the Providers of Various Services. The stated restriction of liability also refers to damage which may incur due to other services or products received via or potentially advertised in relation to the “Review Booster Pro” service or any links at service and service website, as well as due to any data, opinion or advice received via or advertised in relation to the “Review Booster Pro” service or any link to the website of the “Review Booster Pro” service, to the highest level stipulated by law.

The Provider of Various Services agrees that the Rights Holder shall not be liable for the user’s content for pejorative, offensive or illegal conduct of any Provider of Various Services or Reviewer or third person and that the risk of damage from any of the abovementioned lies exclusively on the Provider of Various Services. The Rights Holder does not in any way claim or warrants that the “Review Booster Pro” service is suitable for use on other locations.

The Rights Holder is not liable for accuracy of information which he provides and the use of the information is the liability of the recipient. The Rights Holder shall not provide any assurances that any reported issues will be resolved by use of any information provided by the Rights Holder. By providing information, the Rights Holder does not grant any licences for any copyright, patents or other intellectual property rights.

Personal Data Protection

The Rights Holder observes the principles of transparency and careful handling of personal data in accordance with the General Data Protection Regulation – GDPR; hereinafter: Regulation).

By conclusion of the agreement on the provision of the “Review Booster Pro” service and accepting these General Terms the Provider of Various Services gives his consent that the Rights Holder may use and process his personal data, which he has received by opening the user account and providing the “Review Booster Pro” service.

Personal data received by opening the user account and providing the “Review Booster Pro” service from the Provider of Various Services the Rights Holder shall process and use for the purpose of providing the “Review Booster Pro” service, anonymous analysis and optimization of business operations of the Rights Holder, for the purpose of direct marketing and understanding individual needs, habits and requests of the Providers of Various Services, as well as further development of quality provision of the “Review Booster Pro” service by the so-called “tailor made” principle.

Personal data collected in the above described manner are not available to public, save for the case when the Provider of Various Services gives a special consent for it.

The Rights Holder shall pay special attention to protection of privacy and personal data of the Providers of Various Services who may always contact the Rights Holder in case of additional queries regarding data processing and complaints or potential violation of privacy protection by the Rights Holder via e-mail address: [email protected].

In accordance with the valid data protection regulation, the Providers of Various Services have the right to access their personal data, right to correct incorrect data, right to termination of use of personal data for the purposes of direct marketing, including profiling, right to independent decision making of using personal data based on the automated processing, the right to file a complaint to the competent body against the controller, if he finds that the provisions of this Regulation are being violated by the processing of his personal data, the right to delete (“the right to be forgotten” ) in accordance with Article 17 of the Regulation and the right to transferability of data.

The Provider of Various Services has the right to withdraw the given consent at any time, entirely or partially. The Provider of Various Services may send the request for withdrawal of consent and the request for amendment to the email address [email protected]. At the receipt of request for withdrawal of consent, personal data included in the request for withdrawal shall no longer be processed as of the date of receipt of the consent withdrawal.   

The Rights Holder notes that by withdrawal of consent on the use of personal data, the Provider of Various Services automatically terminates the agreement with the Rights Holder prior to the expiration of the term thereof and the Provider of Various Services shall no longer be able to use the “Review Booster Pro” service.

Transferability of rights and permissions

The rights of the Provider of Various Services arising from the agreement on the provision of the “Review Booster Pro” service and from these General Terms are not transferable.

Any transfer of rights arising from the agreement on the provision of the “Review Booster Pro” service and from these General Terms by the Provider of Various Services is invalid.

Restrictions and Prohibitions

The following is strictly prohibited:

1. false representation for the purpose of threatening, manipulating, deceiving or misleading the Rights Holder, other Providers of Various Services, Reviewers or third persons;

2. the publishing, using, transmitting, sending and exchanging of materials and contents that violate or jeopardise someone’s privacy;

3. the posting of vulgar content or otherwise undesirable content in normal communication which endangers or violates the rights of others;

4. the unauthorised collection, storage and publication of personal data of other users;

5. the posting of contents which in their nature are illegal, threatening, offensive, defamatory or vulgar to users or third persons without their prior consent or request, including the multiple sending of material of the same or similar content (spamming), chain letters, pyramid schemes, etc.;

6. the sending, exchanging or publishing of information the manufacturer knows or assumes to be false, and the use of which could cause damages to the users or members;

7. the posting of materials which violate the legal regulations of the Republic of Croatia in force, especially unlawful, false, misleading, offensive, defamatory, vulgar, threatening, disturbing, racist or chauvinistic content;

8. the collection of content that violates intellectual property rights of third persons, as well as contents that are copyright protected, unless the author publishing the content is also the copyright owner or their authorised person who has willingly not given the permission for the data and the work of any kind to be published;

9. the publishing of contents that violate the personality rights of third persons or other users, as well as other inappropriate contents;

10. the use or launch of any unauthorised technology or automatic system for online access of services or extraction of contents from online services, including, but not limited to, spiders, robots, screen scrapers or offline readers;

11. the decomposition, breakup, reverse engineering, copying into the source code or object code format, or creation of derivative materials based on the service content or the “Review Booster Pro” service;
2. the attempt to acquire ownership or the right to the service, including the content;

13. the rental, lease, lending, translation, compilation, adaptation, transfer of the “Review Booster Pro” service or the service content, the combination or installing into any other programmes or services;

14. the conscious publishing, sending, loading and/or exchanging of contents that contain computer viruses, worms, computer codes, files and programmes that can result in disturbances, restricted operations or the destruction of any mobile device, computer programme or any computer or other equipment;

15. the posting of contents that can cause damages to the Rights Holder and affiliated companies, other users or third persons, which includes, amongst others, contents that encourage behaviours that constitute criminal offences, that entails civil liability or otherwise violate any regulation and which, without the explicit, prior written approval of the Rights Holder, contain advertising or the offer of anyone’s products and services.

Cancellation and Termination of the “Review Booster Pro” Service

The Rights Holder is entitled to cancel the agreement with a 2 (two) months’ notice period.

The Rights Holder is entitled to terminate the agreement without a notice period if the Provider of Various Services violates the obligations established under the agreement or these General Terms, and especially if the Provider of Various Services commits a violation of any provision of Clause 16 of these General Terms.

The Provider of Various Services is entitled to unilaterally cancel the use of the “Review Booster Pro” service at any time by email to the email address: [email protected], with a 1 (one) month notice period.

In the event the agreement is cancelled or terminated, the Rights Holder shall delete all information on the Provider of Various Services from the “Review Booster Pro” service and the right of the Provider of Various Services to use the “Review Booster Pro” service is terminated.

Upon the cancellation or termination of the Agreement, the Provider of Various Services keeps the legal ownership of the RBP Device/Devices.

Upon the cancellation or termination of the Agreement, the Provider of Various Services is not entitled to the return of the paid price.

Handling of Complaints

The Provider of Various Services can file all complaints resulting from or in connection with the use of the “Review Booster Pro” service to the Rights Holder to the email address:  [email protected].

The Rights Holder shall respond to the complaints within 15 (fifteen) days as of their receipt.

Invalidity of Individual Provisions

If any of the provisions of these General Terms is established to be invalid, this shall not affect the validity of the remaining provisions, with the invalid provision being replaced by a valid one which shall to the best possible extent enable the achievement of the objective that was to be achieved with the provision that was established invalid.

Amendments to the General Terms of Use

The Rights Holder reserves the right to amend these General Terms at any time.

The amendments to the General Terms shall enter into force as of the moment the amendments are published on the website of the “Review Booster Pro” service.

The amendments of the General Terms will be published and publicly available to the Providers of Various Services on the website of the “Review Booster Pro” service.

In the event of comments on the amendments to the General Terms, the Providers of Various Services can send complaints, and are entitled to cancel the agreement if they do not agree to the amendments of the General Terms.

It is considered that the Provider of Various Services agrees to the amendments to the General Term if, after the publication of the amendments on the website of the “Review Booster Pro” service, they continue to use the “Review Booster Pro” service. The liability for any damages caused to the Providers of Various Services, Reviewers or third persons as a result of the amendment of the General Terms is excluded.

Final provisions

These General Terms enter into force and are applicable to all Providers of Various Services as of the day they are published on the website of the “Review Booster Pro” service.

The Parties undertake to try to resolve any potential dispute arising from these General Terms amicably.

In the event of a dispute the competent court in the Republic of Croatia having subject matter and territorial jurisdiction is competent, unless otherwise agreed under the agreement on the provision of the “Review Booster Pro” service.

The substantive law of the Republic of Croatia is applicable for interpretation and application of these General Terms.