1. INTRODUCTION

  1. JELENA PETKOVIĆ PR RAČUNARSKO PROGRAMIRANJE CRYSTAL MOBILE NIŠ is an innovative information technology company registered on October 19 2012 in Niš, Republic of Serbia, with its seat at 82/12 Mokranjčeva Street, Company number: 62981474, Tax ID number: 107775009 (hereinafter: Operator).
  2. The Operator has, within its core business 62.01. – Computer programming, developed Svood – an innovative platform which enables users to, on one hand, offer and advertise events they organize in nature and, on other hand, to search for adventurous activities, reservation of participation and participation in such events with the aim of creating the ultimate, life changing experience of natural beauties of the Republic of Serbia (hereinafter: the Platform).
  3. The Platform only offers the services of advertisement of Events and exclusively provides advertising services to those who organize sightseeing events and exploration of natural beauties of Serbia, and activities aimed at creating new friendships and acquaintances all as part of adventurous activities advertised by Partners who are licensed guides.
  4. This Terms of Use (hereinafter: Terms), the Operator prescribes and defines the terms upon which the Visitors can visit the Website, visit publicly accessible pages; terms under which a Visitor can open and edit a user Account; offer, advertise, search and participate in the Service, as well as other issues related to the work, development and the functionality of the Platform etc.
  5. For the use of additional services, a User may have to accept additional terms and conditions. Prior to accepting them, User will be given a proper notice. In the event of any conflict between those additional terms and conditions and these Terms, the former shall come first.

2. DEFINITIONS

  1. For the purpose of these Terms, unless otherwise stated, the following terms shall have these meanings:
    1. “Terms of Use” means this document as a whole and/or its individual parts including articles, paragraphs, sub-paragraphs etc.;
    2. “Operator” means JELENA PETKOVIĆ PR RAČUNARSKO PROGRAMIRANJE CRYSTAL MOBILE NIŠ, a business entity organized and existing under the laws of Serbia of Republic of Serbia, with its head office located at 82/12 Mokranjčeva Street, Niš, ZIP: 18000, company registration number:62981474, Tax identification number: 107775009 that has, within its core business 62.01. – Computer programming, has developed the Platform;
    3. “Platform” means a digital service developed and maintained by the Operator available within the Website which offers the service of offering and advertising Events;
    4. “Site” or “Website” means any, every or all pages created in HTML, including text, photographs, pictures, logos, videos and/or other multimedia material that is available for Visitors to access it or Users to use the Platform on a domain www.svood.co, including any or all subdomains, registered, exclusively owned and operated by the Operator;
    5. “Agreement” is one and all agreements made by and between:
      1. Partner as Platform User, on one side, with the Operator, on the other side, by clicking on “I accept” button or similar button where applicable which expresses the acceptance of proposed agreement when creating an Account which establishes and regulates business cooperation and relations;
      2. Adventurer with the Partner when placing a reservation of participation to an Event the Partner is organizing by clicking the “I accept” button where applicable which regulates rights, duties and responsibilities of both sides in relation to specific Event;
    6. “Visitor” means any individual, other than a User, that accesses Website to visit, view its content, browse between pages and does not have an opened account, regardless of how he accesses it;
    7. “User” is a generic term used for denoting Partner and Adventurer;
    8. “Partner” means a natural and/or business entity that:
      1. Has appropriate knowledge, intelligence, skills and experience needed for organizing and safe guidance of groups and/or individuals in nature;
      2. Has a license issued by the competent authority that grants Partner the right to professionally and safely organize and guide participants of the Event;(b) Has a license issued by the competent authority that grants Partner the right to professionally and safely organize and guide participants of the Event;
      3. is a member of a specific mountaineering association and/or club in Serbia;
      4. has entered into Agreement with the Operator for the purpose of advertising and promoting Eventsaimed at acquiring new clients interested in participating in the Event and who, by entering into separate agreement with the Operator, gives appropriate Warranty statement.
    9. “Warranty Statement” means one, any, more and all statements, warranties, guaranties made by the Partner prior to or within the duration of business cooperation with the Operator, regardless of the way it was given, in one, more and/or several independent documents;
    10. “Adventurer” means a User of the Platform that has opened the Account for the purpose of searching for and finding an event to which he desires to participate and has booked a participation in specific Event, regardless of citizenship, for which he pays a Participation Price to the Partner over the Operator via Payment Processor;
    11. “Adventure Event” or “Event” means one or a set of activities which is independently designed, planned, offered, organized, implemented and/or executed solely by the Partner;
    12. “Reservation” means an order that was placed via the Platform by the Adventurer for participation to a specific Event executed by the Partner payed or that shall be payed via Payment Processor;
    13. “Participation Price” means the amount of money that the Adventurer pays to the Partner for participation to the Event expressedand payed in Serbian Dinars as legal tender in the Republic of Serbia or expressed in other currency but payed in Serbian Dinars;
    14. “Payment Processor” means PayPal Holdings, Inc, a company appointed by the Operator that is authorized in the processing of credit card transactions between the Adventurer and the Partner;
    15. “Event Program” means a detailed narrative description of the Event i.e. a program and plan of activities designed by the Partner for each and every Event which includes, but doesn’t limit to relevant data on the event, information and instruction for safe, secure and successful realization of activities planned within the Event.
  2. Unless stated otherwise hereinafter:
    1. words in singular include the plural and vice versa;
    2. verbs and phrases used in continuous/progressive form refer to their perfective forms as well and vice versa;
    3. words used in masculine gender include the feminine and neuter and vice versa without any limitations or discrimination;
    4. references to persons include bodies’, corporate, incorporated associations, partnerships or an authority.
  3. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this document.

3. TERMS FOR ACCESS AND USE OF THE WEBSITE

Visitor of the Website has the following rights:

  1. access it, view and search its content;
  2. to use, share or republish a part of Website Content only with a prior written consent by the Operator provided that it contains a link of the source material to the Site and/or Platform and web address;
  3. copy and/print information and data published on the Website only and exclusively for personal use and under no circumstances can use it for commercial purposes;
  4. open an Account.

4. VISITING THE WEBSITE

  1. Visitor can freely and without limitations access to publicly available content and browse between pages, user profiles, events, blogs and other content/pages.
  2. The Visitor shall not have access to the password protected and locked part of the website i.e. the Platform, that can be accessed solely by registering and opening a User account.
  3. The Visitor warrants that he shall not use username and password of registered users to access the Platform nor in any other way access or try to access password protected part of the website.
  4. When accessing and using this website, the Visitor shall abide the terms and conditions prescribed by this document. Should he use this website against these terms and conditions and such behavior leads to damages to the Operator, he will have to indemnify the Operator to the fullest extent including all costs related to processes and procedures that the Operator had to initiate.

5. REGISTRATION

  1. A Visitor has the right to register an Account on the Platform and become a User either as an Adventurer or as a Partner.
  2. By opening an Account, a User is granted a certain rights and privileges such as setting up a Profile, editing identification data, defining preferences in relation to traveling and type of activities he wishes to participate in, connect and maintain relationships with other Users etc.
  3. User registered as an Adventurer has the right to:or try to access password protected part of the website.
    1. establish and maintain contact with Partner in order to obtain information related to specific Event;
    2. make a reservation to Partner’s specific Event;
    3. participate in the Event;
    4. express his impression, opinion and rate of the way the Event has been realized;
    5. express his impression, opinion and rate reliability, cordiality, dedication of the Partner and
    6. have other rights prescribed and defined in an agreement between a User and a Partner in relation to participation to a specific Event.
  4. User registered as a Partner has the right to:
    1. prepare and advertise Events he plans to organize;
    2. establish and maintain a contact with the Adventurerin order to obtain information related to specific Event;
    3. earn fees based on service he provided to adventurers who participated to events he organized;
    4. other rights prescribed and defined in an agreement between the Partner and the Operator which regulates the establishment the framework of cooperation on a long-term basis and
    5. other rights prescribed and defined in an agreement between him and an Adventurer in relation to participation to a specific Event.

6. OPENING, MAINTAINING AND CLOSING OF ACCOUNT

  1. Opening the Account
    1. In order to open an Account, a User must have reached age of majority or legal age in his/her jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law.
    2. User can open and have only one Account, which will be kept in his/her name and contain relevant information about the User.
    3. When opening the Account, the User must provide to the Operator relevant, true, reliable, honest and trustworthy information on his identity to the fullest extent including but not limiting to full legal name, first name, last name, e-mail address, cell phone number, domicile address or address of the seat and/or other information.
    4. The User is solely responsible for the accuracy, reliability and completeness of the data entered at the time of the opening of the Account and subsequent management of it, as well as for the accuracy of the data entered in the User profile.
  2. Maintaining
    1. User shall have the right and privilege to maintain his user Account which includes entering, adding new information and/or changing existing information etc.
    2. User shall be exclusively responsible for data, photos, videos, grades, comments and/or other data entered in the Account and/or published on UserProfile or on the Platform.
    3. In case that the User is not maintaining his Profile in accordance with these Terms, abuses the Account by harassing other users, insulting, belittles and/or humiliates them and/or by doing some illegal activities, the Operator shall have the right to suspend his/her/its Account and/or limit the use of the Platform. If such behavior caused a damage to the Operator in any way, he reserves the right to initiate and conduct appropriate legal and/or other proceedings against the User in order to protect Operator’s rights, including notifying appropriate institutions, officials, services etc.
  3. Deactivation
    1. Deactivation means a temporary stop of usage of the Account which will mean that his profile will not be reachable and/or visible on the Platform anymore, but the comments and appraisals ha gave to other users shall continue to be visible throughout the Platform. Deactivation procedure starts by User sending a request for deactivation to the Operator.
    2. A User can deactivate his Account under these terms:
      1. the Adventurer can deactivate his Account after giving a grade to the last Event he/she has participated in, while
      2. the Partner can deactivate his Accountafter finishing the realization of all planned, advertised, reserved and realized Events.
      3. If and when he chooses to reactivate his account, the User will have to directly contact the Operator.
  4. Closing the Account
    1. User can permanently close his/her Account and permanently remove information stored at the Platform including the User profile (hereinafter: “Former User”).
    2. If case the FormerUser wishes to become a user again, he will have to go through entire process of creating a user account, in accordance with the terms and conditions that are in force at that time.
  5. Account Security
      User‘s duty for keeping credentials safe

    1. User is solely responsible for integrity, security and maintaining the confidentiality of its own passwords and any other credentials used by him/her to access the Services.
    2. User will use commercially reasonable efforts to prevent unauthorized use of the Platform and will terminate any unauthorized use of which it becomes aware. User represents and warrants that he/she will not permit access to the Platform, to his/her Account or enable the use of user name(s) and/or password(s) to and by any person or entity other himself/herself.
    3. User represents and warrants that he will not make his password and other access parameters available to third parties for their use nor will he at any time and/in any way jeopardize, compromise, or make available to those third parties these information.
    4. If the User, contrary to these Terms, knowingly and intentionally allows third parties to use his User Account, and they, without the User’s knowledge, reserve participation in an Event, it shall be deemed that the User has done so and he will be obliged to make a payment(s) for every such reserved Event, even if he does not participate in it.
    5. Also, if the User, contrary to these conditions, allows third parties to use his User Account, and their actions cause any damages to the PlatformOperator and/or other user, the User will have to indemnify and hold harmless, and shall be solely responsible for compensating such damages.
        1. User’s duty to notify the Operator of unauthorized access and/or use of the Platform

        2. User shall immediately and without hesitation notify the Operator when he/she becomes aware that any person or entity other than authorized User has used his/her Account or user name(s) and/or password(s) and to make commercially reasonable efforts to limit those third persons to use the Platform.

7. THEFT OR LOSS OF PAYMENT CARD

In the event that the User loses the payment card through which he makes or will make payments for Events or it is stolen, he will immediately and without delay inform the Operator.

8. USER SUPPORT

  1. The Operator shall provide timely assistance and support to users, to the best of knowledge and experience that Operator has at that moment.
  2. Support shall be given prior and after the Event by the Operator. Having in mind that the Operator will not be present during realization of the Event, user support shall be provided by the Partner to the extent that is reasonably possible.
  3. Support shall be given, offered and provided in good faith.

9. EVENT

  1. Advertisement creation
      A Partner can create and Event advertisement by creating an Event page in which he will enter and provide detailed information of Event Programthat shall include information on:

    1. planned date, time and meetingpoint where all participants shall gather and from which will depart to destination and to which they will return as well as expected time of return;
    2. duration of the Event, the length of any trails, attractions that might be seen and/or visited;
    3. difficulty of the Event and needed prior experience, altitude, physical fitness and the equipment required to successfully participate in the Event;
    4. Price for participation to the Event and number of spots available;
    5. special services offered by the Partner and provided within the Event and
    6. other relevant information and notes.
  2. Searching
    1. The Operator shall enable a Userto search and filter active Eventsbased on different criteria such as his needs, interest etc.
    2. This search shall be conducted by typing keywords into the field created for such purpose, while the filtering shall be conducted by entering, selecting and/or typing criteria and/or parameters important to the User such as destination, location, date, number of participants etc.
  3. Participation registration and reservation
    1. When a User finds an Event he wishes to participate in, he can register his interest for participation by clicking on an appropriate button or link. By doing this, he places a reservation for him.
    2. If a User is already signed in, the Platform will lead him to a page where he will definitely confirm his participation in the Event.
    3. If the User is not signed in, he will have to go through the sign in procedure, after which he will be able to confirm his intention to participate to the Event.
    4. If the Visitor doesn’t have an Account he must open an Account prior to making a reservation.

10. REALIZATION OF THE EVENT

  1. The Event must be fully realized in the time frame, manner and under the conditions advertised by the Partner.
  2. If the Partner doesn’t organize an Event in accordance with Event Program, the Adventurer reserves the right to file a complaint to the Operator and thus initiate an internal procedure for the peaceful resolution of such situation.
  3. The relationship between the Partner and the Adventurer in relation to the specific Event, their mutual rights, duties and responsibilities to the fullest possible extent shall be regulated by a special contract concluded at the time of the Adventurer’s registration and reservation for and to the Event.

11. PARTICIPATION PRICE

  1. The Adventurer shall be obliged to pay an Event participation price either in Serbian dinars (from now on: RSD) or foreign currency (from now on: Participation Price). Should the price be in a foreign currency, the Participation Price will be payable in RSD counter value on the payment date under the official middle exchange rate of the National Bank of Serbia.
  2. The Participation price is solely determined by the Partner, while the payment shall be made to the Operator via Payment Processor.
  3. The participation price does not include any or all fees for services offered by the Payment Processor.

12. CONVERSION STATEMENT

  1. All payments will be effected in Serbian currency – dinar (RSD). The amount your credit card account will be charged is obtained by converting the price in Euro into Serbian dinar according to the current exchange rate of the Serbian National Bank.

  2. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, that may appear to be a minor difference from the original price stated on our website.

13. THE TRANSACTION CONFIDENTIAL INFORMATION PROTECTION

  1. When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocols and PKI systems, as currently the most modern cryptographic technology.
  2. The security of data during the purchase is guaranteed by the payment card processor, Banca Intesa ad Belgrade, so the complete billing process is performed on the bank’s website. The payment card information is available to our system at no time.

14. CANCELLATION OF PARTICIPATION AND CANCELLATION FEE

  1. The Adventurer has the right to cancel his participation in the Event, provided that he notifies the Partner via the Platform.
  2. The date of cancellation shall be the basis for the calculation of the cancellation fee, which is expressed as a percentage of the total Participation price for a specific Event.
  3. Unless stated otherwise by the Partner in Event Program, the following terms shall apply for determining the Cancellation Fee defined in paragraph 2 of Article 12:
    1. if the Adventurer cancels participation at least 14 days prior to the Event’s start, the Partner will not have the right to charge any Participation Price;
    2. if the Adventurer cancels participation between 13 and 7 days prior to the Event’s start, the Partner will keep the cancellation fee in the amount equal to 50% of the Participation Price, while the remaining 50% shall be returned to the Adventurer;
    3. if the Adventurer cancels participation between 6 days and 1 day prior to the Event’s start, the Partner will keep the cancellation fee in the amount equal to 100% of the Participation Price.
  4. The partner reserves the right to define his own cancellation policy that may differ from the one mentioned in paragraph 3 of this article, including the percentage that he will keep as a Cancellation Fee, as well as the time frame to which a certain percentage will be effective. By placing a reservation to a specific Event, the User gives his consent to and accepts the Partner’s cancellation policy defined for that specific Event.
  5. The Partner shall not have to right to charge Participation Price if the Adventurer cancels the participation in the Event for real and objective reasons such as:
    1. Death of the Adventurer in which case the duty to inform about this fact passes to the closest living relative at the time of death;
    2. death of Adventurer’s spouse, his emotional partner, child, parent, sibling, adoptive and another member of immediate family;
    3. Government-mandated obligations and restrictions such as military service, state of emergency declared by a relevant and competent institution, natural disasters, etc.;
    4. Serious illness of the Adventurer, his spouse or emotional partner, child, parent, sibling, or adoptive member of the immediate family provided that the illness takes effect after reservation of participation to the Event.
  6. In circumstances prescribed in paragraph 5, sub-paragraphs 2-4 of this article, the Adventurer will be obliged to notify the Partner via the Platform, within 30 days of the occurrence of the fact referred to in paragraph 5, sub-paragraphs 2-4 of this Article and to:
    1. In the case of subparagraph 12.5.2. the Adventurer can be asked to provide a death certificate, obituary, news article naming the deceased, or a police report;
    2. In the case of subparagraph 12.5.3. the Adventurer can be asked to provide a call to military service from the relevant institution or decision of respective authority on a state of emergency or extraordinary conditions which prevent the Adventurer to participate in the Event;
    3. In the case of subparagraph 12.5.4. the Adventurer can be asked to provide a statement from a doctor and/or discharge document from a health facility or other medical documentation which contains information on illness and/or health issues that prevent the Adventurer to participate in the Event.
  7. If the Adventurer fails to notify the Operator of circumstances prescribed in paragraph 5 of this article within the time prescribed in paragraph 6 of this article, he will not be able to exercise his refund right.

15. REFOUNDS

  1. In case of return of goods and return of funds to the customer who previously paid with one of the payment cards, in part or in full, and regardless of the reason for return, Svood is obliged to return only through VISA, EC / MC, Maestro, Amex, and Dina method payments, which means that the bank will, at the request of the seller, refund the funds to the cardholder’s account.

16. VAT STATEMENT

  1. The Svood platform is not in the VAT system

17. USER AND EVENT REVIEW

  1. Review
    1. Upon Event’s end, the Adventurer will post a review of the Event and the Partner in which he will share his impressions with other users.
  2. Aim
    1. The aim of reviews is to make easier for other users to determine in which Event to participate, reliability and trustworthiness of the Partner and to provide quality control information to the Operator. Reviews enable the Operator to consistently monitor, introduce, evaluate and stimulate the development of Partners’ and Events’ quality.
  3. The importance of reviews
    1. The reviews shall be the base for ranking of Partners on the Platform, according to the average rating, and their Events and profiles will be shown in order showing best reviews and highest numerical assessment at the top of the list to the least favorable ones, at the bottom of the list.
    2. The order of the Partners shall be dynamic and will be regularly changed, as new reviews are published which will advance the quality of services the Operator provides to its users.
  4. Basis for review
    1. A review shall be based solely upon User’s personal experience of the Event and the Partner.
    2. User can write a review only to Event and to the Partner of the Event in which the User participated in.
  5. Reviews are public
    1. All reviews will be made publicly available.
    2. Reviews, thoughts and opinions expressed in reviews made by users belong solely to them. The Operator makes no representations nor assumes responsibility and/or liability for accuracy, completeness, correctness, suitability, or validity of any information in those reviews.
  6. The right to post a review
    1. The Adventurer has the right to post a review only to the Partner in whose Event he participated and by whom that Event was executed.
    2. The Adventurer can post a review no later than 15 days starting from the day the Event ended.
  7. Subject of review
    1. In his review, the Adventurer will evaluate the Partner in terms of his organizational and communication skills, commitment to the realization of the Event, readiness to meet the needs of the Participants and the Event in terms of a group and individuals.
  8. Review rules
    1. A review consists of numerical and descriptive assessment.
    2. Numerical assessment is carried out on a scale of one to five where one is a lowest and five the highest score available.
    3. Descriptive assessment is User’s short statement in which he reflects on Event in which he participated and on Partner who organized that Event and must not use and/or include offensive, discriminatory, bigotry or any other words that in any way jeopardize rights of users or are against the law.
    4. Any user of the Platform shall have the right to notify the Operator and request to remove a review that contains any false, misleading, offensive, racial, nationalistic, religious, sexual words, bigotry or defamatory, obscene, vulgar or any strong language, sexually offensive, pornographic, harassing, illegal information, or if it violates the rights of any third parties.

18. USER COMPLAINTS

  1. A User shall have the right to file a complaint to the Operator in relation to:
    1. behaviors of another User on the Platform or other participant to the Event that both users have participated in,
    2. the way the Event has been organized and realized and
    3. User reviews.
  2. The procedure for handling such complaints shall be regulated by a special rulebook.

19. LIMITATION OF LIABILITY

  1. The Operator is makingenormous efforts to ensure that all information published on the Siteand on the Platform are true and accurate. Having in mind that information in Event Program, its realization and organization are sole responsibility of the Partner, the Operator shall not be liable for any material and/or non-material damageswhich may include without limitation physical injuries, damage caused by poor organization, error or omission of the Partner, destruction, damage or loss of personal things of the Adventurer or Partner.
  2. The Partner shall be exclusively responsible and liable for any false, untrue or incomplete information and as a result there is damage to the Adventurer.
  3. The Operator cannot be held responsible for the illegal, inappropriate and/or discriminatory behavior and activities of other Users of the Site and Platform, and/orprior, during and after the Event.
  4. The Operator and the Partner will not be liable for the loss of the Adventurer’s personal documentsand/or his personal belongings, nor for Adventurer’sfailure in obtaining documents necessary for participation to the Event, visas, appropriate health certificates etc. The Operator will not be liable if the Adventurer cannot in any other way fully participate and/or enjoy in the Event due to his non-compliance with the legal requirements set by the country in which the Event is realized.
  5. The Operator will not be liable for any breach of the Agreement or violation of the Terms of Use by other Users or participants during the Event.
  6. The Operator will make efforts to make the Site and the Platformat all time, but he does not guarantee that the Site/Platformwill operate continuously (24/7). The Operator will take all necessary measures to repair malfunctions, but does not take responsibility for failures, technical errors, data loss, software errors and all kinds of technical failures in the work of the Site.
  7. The Operatorreserves the right to make necessary changes and improvements to services, Site and Platform, including withoug limitation, to amend, discontinue, terminate or cancel some of services and reserves the right to restrict registered users access to the Site or some parts of the Site during the time necessary to make changes that affect to enable the improvement of the work of the Site.
  8. The Operator doesn’t check the accuracy of the accuracy of information that the Partner publishes on the Site, Platform and Event Program, nor does verify the validity of the documentation provided by the Partner. In this regard, the Operator cannot be held responsible for the such inaccuracies.
  9. The Operatorwill not be held responsible for cancellation of the Event or its impossibility due to Extraordinary Eventthat relate to force majeure or in the event that the realization of the Eventis prevented by measures of state, country, central, regional and/or local authorities which restrict the possibility of free movement and realization of the action itself.
  10. The Operator will not be liable if the Partner chooses to terminateagreement between him and the Adventurerfor any reason nor because of changes of Event Program, which were made by the Partner on his own initiative, regardless of whether the change is justified or unjustified.
  11. The Operator will not be liable for Partner’s or Partner’s Associates violation of the Adventurer’s personal rights, including intellectual property rights.
  12. The Operator cannot be held liable for any costs or injuries incurred because the Adventurer is not insured against dangerous activities or that the Partner fails to warn the Adventurer of compulsory insurance.

20. PERSONAL DATA PROTECTION

  1. The Operator has harmonized its operations with the provisions of the Personal Data Protection Act of the Republic of Serbia (hereinafter: PDPA). In that sense, personal data of registered usersare treated with due care and are collected and processed under terms of PDPA. More information on how we collect and process users’ personal datacan be found in our Privacy Policy.
  2. The Adventurer agrees that the Operator may forward some or all data to the Partner for who’sEventthe Adventurer has applied for the purpose of execution of the agreement between the Partner and the Adventurer.
  3. Personal data protection, procedure for protection of personal data and other important issues are regulated by Privacy policy of the Operator.

21. INTELLECTUAL PROPERTY

  1. Intellectual property of the Operator
    1. The Operator that he is the sole, exclusive and permanent holder of all and/or any intellectual property rights on the entire content that forms an integral part of the Site, the Platform and ideas for its operation and functioning, including but not limiting to all or any preparatory and/or working materials such as drafts of pages and the Site (wireframe), all working versions of drawings and graphic elements used on this Site, as well as preparatory materials for their creation, as well as content that is posted and/or published on the Platform, without any subject, time or territorial restrictions.
  2. Duty of Users to respect the copyright of the Operator
    1. Users of the Platform are obliged to use the Site and the Platform in such way as to respect the intellectual property rights of the Operator, other Users as well as the rights of all third parties and in no way may use the Site and/or the Platform to infringe intellectual property rights.
    2. It is strictly forbidden to:
      1. Abuse, misuse, copy, store, create, recreate, engineer or reverse engineer the content of the Site and of the Platformwhich is intellectual property of the Operatorand was make available to Users. Such content may include without limitations copyright and related rights, software, code, site design, legal terms and conditions, information, photos, videos, Partner ratings as well as information and dana posted by Partners or Adventurers and the like in a way that is not in accordance with what is allowed
      2. Obtain, copy, create, recreate, engineer or reverse engineer any databases which belong to the Operator without explicit written consent of the Operator.
  3. Exceptions
    1. Under certain conditions, the prohibition on using the intellectual property rights of the Operator may be waived. Such document must be issued by the Operator in writing and obtained in advance.
  4. Transfer of copyright to the Operator
    1. The Adventurer/Partner can use electronic devices to take one or more photos and/or videos and publish them on the Event page via the Platform.
    2. Any content posted on the Platformby the Adventurer or Partneron the Platform irrevocably transfers all copyrights to the Operator, and such contentwill become property of the Operator. Such transfer will be made implicitly by act of uploading i.e. without express consent and without any royalty, fee and/or special financial compensation by the Operator. Rights transferred to the Operator may without limitation include the right to use, reproduce, modify, and publicly display the content in any form in any geographical location and territory. Users, hereby, state and give their consent to the Operator to use content the Platform Operator for advertising purposes to raise awareness of the general public about the existence and work of the Platform through the publication of promotional videos, advertisements, videos, photos in the media, radio and television shows, content created for social networks, social networks , search engines or other means of information and advertising and use the same for promotional and other purposes of the Platformand of the Operator.
    3. Based on the act of uploading photos and videos itself and publishing user content within the Platform, it shall be considered that the User has transferred copyright to the Operator without the need of concluding a special agreement on transfer or license of copyright, as soon as uploading process to the Platform servers starts.
  5. Users’ duty to respect intellectual property right of third persons
    1. It is strictly forbidden for Users to infringe the intellectual property rights of other Users of the Platform, whether they are Partners or other Adventurers. Infringement of their intellectual property rights indirectly constitutes an infringement of the intellectual property rights of the Operator, given that all users of the Platform transfer rights to the Operator to the content published on the platform.
    2. It is forbidden to violate intellectual property rights of third parties who are not registered users. A User can make such violation by using and/or uploading to the Platform content that represents someone else’s intellectual property rights. A User may not publish copyrighted works and materials of other persons, he has a written consent of copyright holders which must be upload to the Operator in electronic form, at the same time when copyrighted material is being uploaded to the Platform servers.
  6. Sanctions
    1. If a User violates someone else’s intellectual property rights, such contentwill be removed after due process of copyright complaint. Should the Operator conclude that the User has made violations of copyright, it reserves the right to suspend and/or terminate User account.
  7. Request for copyright takedown request
    1. Copyright infringement claim can be filed to the Operator by the User or any third party which is owner of such rights or holds and/or uses such rights on well founded legal base. If the rightful owner of copyrighted material is a minor, such claim can be filed by his/her legal representative.
    2. Such notification and claim must be filed via Operator’s Customer Service in order for the Operator to iniciate procedure that will examine the groundness of such claim and take appropriate messures to the User and content that violates copyright.
    3. A copyright infringement report must include the following:
      1. Information that will enable the Operator to identify disputable and specify violation;
      2. contact details and personal data of the applicant;
      3. proof that the applicant is the rightfulowner, holder, transferee, licensee of such content;
      4. link or explanation where disputable content is located on the Platform;
      5. (e) a statement that the copyright has been violated which must be given under criminal and civil liability.

22. DISPUTE SETTLEMENT AND JURISDICTION

  1. Peaceful Settlement of Disputes
    1. Any and all disputes between the Operator and the User arising out of the use of the Services, shall be firstly settled peacefully and amicably including but not limiting to discussion, talk and negotiation sessions.
  2. Mediation, prior to any court proceeding
    1. If a dispute arises out of or relates to this contract, or the alleged breach thereof, and if the dispute is not settled through negotiation, the User irrevocably declares and agrees that he shall first try in good faith to, without prejudice to any other proceedings, settle the dispute by mediation, before resorting to litigation, or some other dispute resolution procedure.
  3. Venue
    1. In case that the dispute isn’t settled by mediation, all and any of the proceedings shall solely be settled in the competent court in Niš, the Republic of Serbia.

23. GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Serbia, without regard to conflict of law rules and principles, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

24. SEVERABILITY

If any term or provision of these Terms of Use or the application thereof to any person or circumstance is held by the court to be invalid or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable the remainder of the Terms of Use, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of these Terms of Use shall be valid and be enforced to the fullest extent permitted by law.

25. AMENDMENTS TO THE TERMS OF USE

  1. Having in mind that the Operator is constantly developing its services, we reserve the right to change these Terms from time to time. These changes will be made only when necessary, reasonable and done in such manner to protect interests of the Operator, Partners and/or Adventurers. These changes may concern matters already regulated or matters not regulated earlier.
  2. The Operator can change these Terms at any time but they will be announced timely and at least 8 days prior to coming into force. This announcement shall be done in such manner that the Users have enough time to inform themselves. In case that the User continues to use the Platform without explicit acceptance of these amendments but after they come into force, it shall be interpreted as acceptance.

26. TRANSITIONAL AND FINAL PROVISIONS

These Terms of Use were enacted on –.–.—- and will come into force on the day this document was enacted.

In Niš, on _________

This agreement has been concluded electronicallyby way of distance and represents a standard form contract (adhesion contract),at the moment when the Adventurer, via the Platform, submits to the Operator a reservation for participation in the Event, by clicking on a button where applicable.

  • Person that had published an Event offer on the Platform (hereinafter: Partner) and
  • Person who has registered his user account at the Platform, and who reserved participation in a specific Event (hereinafter: Adventurer)

Commonly referred to as “Parties.

RECITALS

Whereas

  • The Partner has the necessary knowledge, skills and experience in organizing tours, events and activities that make it easier for the participants of the Events to visit and explore natural beauties of Serbia. With this aim, the Partner offers, announces and advertises Events togeneral public;
  • The Partner presents and warrants holds a valid license for safe and secure organization and execution of the Event(s) issued by the competent authority;
  • In order to make profit,Partnerhas announced and advertises one or more visits of natural beauties via Svood (hereinafter: the Platform) that he himself organizes and provides certain services;
  • With the help of the Platform, the Adventurerhas found Partner’s advertisement/offer for specific Event, expressed his desire to participate in it and, for that purpose, wants to engage the Partner.

Having regard to the foregoing, the Parties agree as follows:

1. SUBJECT OF THE AGREEMENT

The subject of this agreement is regulation of mutual rights and responsibilities between and among parties to this agreement in relation to Adventurer’sdesire to participate in the Eventindependently organized by the Partner which he announced on the Platform at a single Participation Price in accordance with EventProgram.

2. DEFINITIONS

  1. For the purpose of these Agreement, unless otherwise stated, the following terms shall have these meanings:
    1. “Agreement” means this agreement concluded between and among Parties;
    2. “Operator” means Jelena Petković PR računarsko programiranje Crystal Mobile Niš, having its registered office at 55 Mokranjčeva Street, registered in the Serbian Business Registers Agency under registration number: 62981474, TIN: 107775009, that has as part of its business activities(62.01 computer pro-gramming), developed the Platform;
    3. “Platform” is a digital service within the Sitethat, in general, provides the Partneradvertising service(s) of his Event(s) including a set and/or series of mutually connected services, features and/or opportunities;
    4. “Site” mean a set of page(s) designed by means of appropriate programming languages and containing text, photos, blogs, videos, and other multimedia available to visitors at www.svood.co, including all subdomains, registered, and solely and exclusively owned by the Operator;
    5. “Partner” means a party to this Agreement, which a) may be a member of a particular mountaineering association in Serbia, b) has the appropriate professional knowledge, practical skills, abilities and experience necessary for independent organization and safe management of groups and individuals in nature, especially mountains on the basis of which he was issued an appropriate license by the competent authorities and c) who, when establishing business relation with the Operator, gave appropriate Warranty Statements;
    6. “Adventurer” means a user of thePlatformwho found Partner’sEvent offer and expressed his intention to participate in it, regardless of his citizenship and level of knowledge of mountaineering rules and practical skills in mountaineering and who for that participation has a duty to pay ParticipationPrice set by the Partner, without additional costs;
    7. “Participant(s)” means one or more natural persons who, in addition to theAdventurer, participate(s) in the Event including third party persons that the Partner has engaged for realization of the Event such as support staff, drivers etc.;
    8. “Event” means one or a set of several activities planned, organized and realized independently by the Partner, which is advertised on the Platformand to which participation the Adventurer applies;
    9. “Participation Price” meansmonetary expression of the value of the service provided by the Partner to Adventurer(s) expressed in Serbian dinars or in foreign currency for users’ convenience, which include all costs and expenses necessary for the Event, from the beginning to the end of its implementation, including without limitation transportation costs, accommodation, sojourn taxes, joint meals in cafes, restaurants, mountain lodges and other registered service facilities and similarly if such is offered by the Partnerthat he pays via Payment Processor;
    10. “Payment Processor” means PayPal Holdings, Inc, a company appointed by the Operator that is authorized in the processing of credit card transactions be-tween the Adventurer and the Partner;
    11. “Event Program” means a detailed narrative description of the Event i.e. a program and plan of activities designed by the Partner for each and every Event which includes, but doesn’t limit to relevant data on the event, informa-tion and instruction for safe, secure and successful realization of activities planned within the Event;
    12. “Extraordinary event” means all and any event, circumstance, situation and/or cause that may hinder, significally hinder or completely prevent realization of the Event for a certain period of time such as:
      1. Sudden, unexpected and unplanned geological, seismic, cosmic and other natural event, activity and/or meteorological/weather conditions that is outside of normal for season during which and/or climate in which the Event is to take place and significantly deviate from normal in a geo-graphical area narrower than the Republic of Serbia and which, due to its strength, intensity, volume or degree of impact on the environment, nature, buildings, facilities and/or people. These Extraordinary events include, without limitation, a natural disaster, an earthquake that is at least of the third degree on the Mercalli scale and above, or at least 4.0 on the Richter scale and above; heavy snowfall and heavy rain, strong gusts of wind from the fifth degree of the Beaufort scale and up, melting of snow and increasing river water levels etc.;
      2. Sudden, unexpected and unplanned one-time or a series of completed, un-completed or prolonged activities, actions and/or criminal act(s) of indi-viduals or a group of individuals, regardless of whether they are organized into joint criminal enterprise or act independently of each other, which commit crime(s) aimed at causing or maintaining feelings of fear in the general population, citizens, domestic and/or foreign nationals such as ter-rorist attacks, planting and activating explosives, sabotage of certain fa-cilities;
      3. Outbreak and spread of micro-local, local, national and/or international viral and/or bacterial infection(s) among the local or population coming from other countries that cause infectious diseases and impair human health, regardless of whether such disease is declared as epidemic or pan-demic by the competent local, national and/or international body;
      4. (d) One or more decisions of competent local, regional, provincial, national authority, administrative and/or expert body, organization, public service, public health institutes. These decisions may, inter alia, impose, establish, prescribe and/or introduce state of emergency, movement and/or travel ban(s), a duty to obtain appropriate permit(s), visa(s), certificate(s), war or any other armed conflict.
  2. Unless stated otherwise hereinafter:
    1. words in singular include the plural and vice versa;
    2. verbs and phrases used in continuous/progressive form refer to their perfective forms as well and vice versa;
    3. words used in masculine gender include the feminine and neuter and vice versa without any limitations or discrimination;
    4. references to persons include bodies’, corporate, incorporated associations, partnerships or an authority.
  3. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this document.

3. EVENT PROGRAM

  1. Event Program has been published and made publicly available at the Event page on the Platform. Should there be a need for the Adventurer to reacquaint himself with activities planned within the Event, he is kindly invited and urged by the Operator to visit a page on the Platform related to specific Event.
  2. Event Program is available at the Platform and shall not be sent to the Adventurer via e-mail or any other means of communication sent or initiated by the Operator.
  3. By entering into this Agreement, the Adventurer irrevocably states, presents and warrants that he has read Event Programand is familiar with its content including all relevant information, instructions for safe, secure and successful participation and implementation of the Event.

4. ADVENTURERRIGHTS

  1. In relation to the Partner, the Adventurer shall have the right to:
    1. ask and from the Partner receive all relevant information related to the Event;
    2. be informed in a timely manner about all circumstances relevant for the successful implementation of the Event;
    3. request for information from the Partneron reasons that led to Event being canceled or terminated prior to its planned completion, in relation to the Extraordinary Circumstances;
    4. write a review of the Partner and of the Event he participated to, according Terms of Use of the Platform;
    5. file a complaint to the Operator no later than 15 days upon Event’scompletion;
    6. in case him being unable to participate in the Event, designate another personthat will participate insteadof him, under the terms prescribed by this Agreement;
    7. terminates the Agreement and cancels the participation in the Eventunder terms and in the manner as defined by this Agreement;
    8. other rights prescribed by this Agreement.
  2. If a particular right of the Adventurer is not explicitly prescribed in paragraph 1 of this Article, it shall not be interpreted as waiver of such right, if it is in any way prescribed by this Agreement, Terms of Use, policies and other acts of the Operator and laws of the Republic of Serbia.

5. ADVENTURER’S DUTIES

  1. During the entire duration of this Agreement, after its termination and Event’scompletion, the Adventurer is obliged to:
    1. Inform the Partner on all matters related to successful fulfillment of duties and responsibilities defined by this Agreement;
    2. Respects, follows and complies with laws of the country where the Event is being organized;
    3. Keep and protect Confidential Informationreceived, heard or read during the realization of the Eventeither by the Partner or by a person hired by him, including the content of this Agreement;
    4. Withoutany limitations, temporal and/or spatial limitations, respect and protect intellectual property rights of the Platform, Partners, Participants of the Event, users of the Platform and other third parties.
  2. Prior to start of the Event, the Adventurermust:
    1. read and gethimself fully acquainted with all relevant rules, terms, conditions, policies and relevant laws so to fully understand his rights and obligations, as well as to fully comply with mandatory regulations, which include but not limit to:
      1. terms of this Agreement and comply with its provisions;
      2. comply with age limit for participation in the Eventas prescribed in this Agreement;
      3. administrative and health conditions for entry into (visas, permits etc.) and stay in the country in which the Event is organized, to fully respect all local laws and in his own organization gather all information and obtain all valid documents required for entry into and stay in that country;
      4. complies and fully respect all laws, regulations, ordinances, decisions, decrees and other documents on health and security that apply in country where the Event takes place;
    2. provide the Partnerwith accurate, complete and reliable information on:
      1. his identity;
      2. one or more illnesses and/or health issues that are or might be important for healthy, safe and successful participation of the Adventurerin the Event and
      3. all other data and information that are or might be of influence for the successful and safe realization of the Eventand this Agreement.
    3. independently organize and finance his own travel from the place of his residence to the departure placefor all participants in the Event;
    4. independently and in his own organization, obtain visa, special and/or other permits for valid and legal entry in the Republic of Serbia;
    5. at his own expense, pay and obtain all appropriate equipment specified by the Partner necessary for the safe participation in the Event;
    6. in regard to his own health and physical condition, obtain his doctor’s general or personal medical advice on conditions under which he can participate in the Event, measures must take to preserve his health;
    7. inform the Partnerof any reason for cancellation of participation in the Eventimmediately when they happen;
    8. reimburse the Partner any administrative costs he may have due to Adventurer’s request for replacement.
  3. No later than immediate start of the Event, the Adventurer must:
    1. appear on time at place ofdeparture no later than 15 minutes before the start;
    2. insure himself against any and all risks including personal injuries orregister his membership with Partner’s mountaineering society/club to provide you with insurance cover;
    3. fully and diligentlyact in accordance with advices, councils and directions of his medical doctor, physician and/or pharmacist aimed at preserving the health or preventing the deterioration of his health, and to regularlyand in prescribed time frame use, take and/or administer medicines prescribed.
  4. During the Event, the Adventurermust:
    1. behave like an averagely attentive person;
    2. adhere to the EventProgram and does not interfere with its implementation;
    3. respect the timeframe set by the Partner for the implementation of the Event, from the moment of beginning to the moment of completion of the it and return to the place of departure;
    4. treat the Partner and Participants responsibly and with respect for their perso-nality and diversity, which, among other things, means that they will not insult, belittle, discriminate and/or harass them in any other way, interfere with their peaceful enjoyment of Event and refrain from any activities and actions that could lead to conflict, disturbance of public order and peace, etc.;
    5. fully complies with the instructions of the Partner for safe implementation of the Event;
    6. in case of Extraordinary event, act in accordance with his/her knowledge, skills, health and psycho-physical abilities, provide assistance to the Partner and/or Participants who are in need;
    7. in the event of Extraordinary Circumstances that prevent or prevent the im-plementation and safe termination of the Adventure Action, accept the deci-sion of the Partner to terminate its further implementation and enable its suc-cessful completion in the given opportunities and possibilities.
  5. Upon completion of the Event, the Adventurer has the duty to:
    1. pay the Participation Price in the amount published on the Platform by the Partner for services provided during the participation in the Event via Payment Processor;
    2. write a review of the Event and of the Partner on the Platform;
    3. indemnify any damage he caused to the Partner and/or other participants of the Event.
  6. The Adventureris responsible for any damages he has caused to the Partner if he fails to comply with the obligations prescribed by this Agreement and will be obliged to reimburse it.

6. PARTNER RIGHTS

    Partner has the right to:

  1. Independently and fully plan, create, design and organize activities within the Event;
  2. Collect Participation Price from the Adventurer, via the Platform;
  3. Increase the Participation Price only for unexpected circumstances and disruptions that affect the Participation Price, that happened after conclusion of this Agreement, but only up to 10%;
  4. Collect Participation Price from the Adventurer in case he fails to duly notify the Partnerabout the occurrence of justified reasons for cancellation of participation or did not provide adequate evidence for it;
  5. Be reimbursed for all actual costs and expenses he had in case that the Adventurerterminates this Agreementdue to circumstances which he could not avoid or eliminate;
  6. in case of Extraordinary event, bearing best interests of all Participants in mind and the need to preserve their health and safety, at his own discretion, de-lay the start of the Event or terminate its further realization;
  7. in case of his illness or temporary incapacity, find a replacement among other licensed and professional instructor in the field of organization and implementa-tion ofEvent;
  8. require from the Adventurer to provide detailed information and appropriate evidence of the reasons for the cancellation of participation, if he claims that he has justified reasons for cancellation;
  9. change day, date and time scheduled for Event start and/or place of departure as well as to make necessary changes to Event Program, in case that travelling conditions change beyond his power (for example: traffic jams, closure of a site intended for a tour, security situation, natural disasters or other extraordinary and objective circumstances and force majeure). In such situations, the Partner will bear costs and expenses that may happen because of these circumstance, and he will not have a duty to indemnify the Adventurer.
  10. Other rights prescribed by this Agreement.

7. PARTNER’S DUTIES

  1. During the entire duration of this Agreement, the Partner has a duty to:
    1. Hold a valid license issued by competent authority which certifies that he has necessary and appropriate professional knowledge and practical skills needed for safe and responsibleleading, instructing, advising, navigating and guiding individuals and groups;
    2. provide services in accordance with Event Program advertised on the Plat-form and in manner prescribed by this Agreement. The Partner shall be re-sponsible for full compliance service(s) he offers including services provided third parties that he has engaged for specific Event (such as transport, accom-modation, etc.);
    3. To take care of the rights and interests of the Adventurer and to take actions aimed at preserving his health and safety in accordance with good business practices;
    4. fully comply with the laws governing personal data in respect to the Adventurer which may include storage, processing and protection. This duty will relate to third parties the Partner has engaged for the purpose of realization of Event.
  2. Before the start of the Event, the Partner has the duty to:
    1. Communicate with the Adventurerexclusively via the Platform in a timely manner provide all information on Event prior to of its beginning and directly after it commences;
    2. Timely communicate to the Adventurerinformation on:
      1. Health conditions, requirements,and demands required for healthy and safe participation in the Event;
      2. Occurrence of one or more Extraordinary Events that affect or may affect the implementation of the Event and change of relevant provision(s) of this Agreement. If prior to Event’s commencement, the Partnerdetermines that he is forced to make changessuch as price, means of transport, characteristics or category of transport, accommodation, he will be obliged to immediately inform the Adventurer about the such changes. Such changes can be made provided that the Partnerpresents documents that justify such change. Changes to advertised and offered Event Program can be made only if they have been caused by Extraordinary Eventthat the Partner could not have foreseen, avoided or eliminated. Costs related to such change shall be borne by the Partner. If Extraordinary Event causes the reduction of costs, it shall be done in favor of the Adventurer. Changes to predefined accommodation can be made only by using a facility of the same category, or at the expense of the Partner, using a facility of a higher category.
    3. If Partner chooses to engage third parties to provide certain services within the Event Program, his choice must be made conscientiously and with due care of a good expert. In any case, the Partner shall have responsibility for choices he made (culpa in eligendo)and will be responsible for damage(s) or partial non-performance of those services.
  3. Immediately before the start of the Event, the Partner is obliged to:
    1. Inform the Adventurer about the emergency telephone number(s) and information that enables a direct contact with the minor who participates in the Adventure Action without being accompanied by a parent or guardian;
    2. Inform the Adventurer onprocedure for filing a complaint to the Operator;
    3. enroll the Adventurer into his moutaineering society/club, if the Adventurer is not already a member of such organization. The purpose of this enrollment will be to insure the Adventurer from the consequences of an accident during the implementation of the Event.
  4. After the implementation of the Event, the Partner has duty to:
    1. Accept collection of the Participation Price only and exclusively via the Operator which shall be with technical and logistical help of Payment Processor;
    2. File a response to Adventurer’scomplaint in timely manner, but not later then 8 (eight) days from the day when the Adventurer has lodged his complaint to the Operator;
    3. Compensate theAdventurer all and any damage made to him due to incomplete or partial non-fulfillment of obligations related to the organization and implementation of the Event, perscribed by Serbian law, this Agreement, the Terms of Use of the Platform and go against information that the Partner has provided in the Event Program;
    4. Return back to the Operator any amount he has received within 15 days in case of justified unilateral termination of the Agreement by the Adventurer.

8. PARTICIPATION PRICEAND COLLECTION

  1. The Adventurer shall pay a price for participation to the Event which will be either in Serbian dinars (hereinafter: RSD) or in foreign currency (hereinafter: Participation Price). Should the price be in a foreign currency, the Participation Price will be payable in RSD counter value on date of payment under official middle exchange rate of the National Bank of Serbia.
  2. Unless stated otherwise, Participation Price prescribed in paragraph 1 of this article shall include:
    1. costs of participation in theEvent;
    2. costs of transport services provided by third parties from the departure place to the place of destination and return and which are provided by the Partner to Adventurers within the set of services, if such services are included;
    3. costs of other services included by the Partner within the Event package.
  3. Unless stated otherwise, Participation Price prescribed in paragraph 1 of this article shall exclude costs, fees, charges or similar expenses such as:
    1. payment processing costs payed to the Payment Processor;
    2. costs of obtaining visa, special and/or other permits for valid and legal entry in the Republic of Serbia;
    3. costs of international health insurance;
    4. accident insurance costs;
    5. costs of optional excursions, tickets etc.;
    6. individual costs of the Adventurer;
    7. other expenses prescribed as such in the Eventoffer or in this Agreement.
  4. The parties agree that the amount of the Participation Pricefor the services provided within the Event Programis determined by the Partner, and that the payment will be made in favor of Operator’s account via Payment Processor.
  5. The collection of reserved funds will be made immediately after the end of the Event.

9. CANCELLATION OF PARTICIPATION IN THE EVENT; AGREEMENT TERMINATION AND CANCELLATION FEE

  1. The Adventurer has the right to cancel his participation in the Event, provided that he notifies the Partner via the Platform.
  2. The date of cancellation shall be the basis for the calculation of the Cancellation fee, which is expressed as a percentage of the total Participation price for specific Event.
  3. Unless stated otherwise by the Partner in Event Program, the following terms shall apply for determining the Cancellation Fee defined at paragraph 2 of this article:
    1. if the Adventurer cancels participation at least 14 days prior to Event’s start, the Partner will not have the right to charge any Participation Price;
    2. if the Adventurer cancels participation between 13 and 7 days prior to Event’s start, the Partner will keep Cancellation fee in the amount equal to 50% of the Participation Price, while remaining 50% shall be returned to the Adventurer;
    3. if the Adventurer cancels participation between 6 days and 1 day prior to Event’s start, the Partner will keep Cancellation Feein the amount equal to 100% of the Participation Price.
  4. Partner reserves the right to define his own cancellation policy that may differ from the one mentioned in the paragraph 3 of this article, including the percentage that he will keep as Cancellation Fee, as well as time frame to which a certain percentage will be effective. By placing a reservation to the Event, the Adventurer gives his irrevocable consent to and accepts Partner’s cancellation policy defined for that specific Event.
  5. The Partner shall not have to right to charge Participation Price if the Adventurer cancels the participation in the Event for real and objective reasons such as:
    1. Death of the Adventurer in which case the duty to inform about this fact passes to the closest living relative at the time of death;
    2. death of Adventurer’s spouse, his emotional partner, child, parent, sibling, adoptive and other member of immediate family;
    3. Government-mandated obligations and restrictions such as military service, state of emergency declared by a relevant and competent institution, natural disasters etc.;
    4. Serious illness of the Adventurer, his spouse or emotional partner, child, parent, sibling, adoptive member of immediate family provided that the illness takes effect after reservation of participation to the Event.
  6. In circumstances prescribed in paragraph 5, sub-paragraphs 2-4 of this article, the Adventurer will be obliged to notify the Partner via the Platform, within 30 days of from the occurrence of the fact referred to in paragraph 5, sub-paragraphs 2-4 of this Article and to:
    1. In case of subparagraph 9.5.2. the Adventurer can be asked to providedeath certificate, obituary, news article naming the deceased, or a police report;
    2. In case of subparagraph 9.5.3. the Adventurer can be asked to provide call to military service form the relevant institution or decision of respective authority on state of emergency or extraordinary conditions which prevent the Adventurer to participate in the Event;
    3. In case of subparagraph 9.5.4. the Adventurer can be asked to provide a statement from a doctor and/or discharge document from a health facility or other medical documentation which contains information on illness and/or health issues that prevent the Adventurer to participate in the Event.
  7. If the Adventurer fails to notify the Operator of circumstances prescribed in paragraph 5 of this article within time prescribed in paragraph 6 of this article, he will not be able to exercise his refund right.

10. AGE LIMIT FOR PARTICIPATION TO THE EVENT

  1. The Adventurer must have reached age of majority or legal age in his/her jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law.
  2. Under specific terms prescribed by this article, the Adventurer can be a minor with at least 14 years of age provided that he has a valid ID and/or passport and a written consent dully signed from one or both parents/legal guardians and notarized by competent authority (hereinafter: Legalized Consent).
  3. A minor younger than 14 years can participate to the Event only when accompanied by one of his parents, legal guardians or other persons that have valid authority to take care of them (professor, professional trainers, coaches etc.).
  4. The Adventurer older than 14 shall have the duty to electronically send the Legalized Consent to the Partner, via the Platformand to give it to the Partner immediately prior to the beginning of the Event.
  5. Legalized Consent prescribed in paragraph 2 of this article must contain relevant information, namely:
    1. Information on one or two parents or legal guardians (hereinafter: the Declarant) who have given such consent such as full name, citizenship, address of the permanent or temporary place of residence, personal identity number, ID card number, name of the issuing authority, number of the account from which the payment of the Participation Price will be made,
    2. Statement on the consent of theDeclarant that the Adventurerreferred to in paragraph 2 of this article may participate in the Event and
    3. Relevant information of the Adventurer from paragraph 2 of this article, including his full name, citizenship, address of the permanent or temporary place of residence, personal identity number, ID card number or passport and name of the issuing authority.
  6. A minor referred to in paragraphs 2 and 3 of this article can participate only in simpler Event that do not require larger physical effort.
  7. By signing and notarizing the written consent prescribed in paragraph 2 of this article, the Declarantfully accepts moral, legal, financial and other responsibility for all and everything Adventurer does prior and during the Event.

11. ADVENTURER’S REPLACEMENT

  1. Partieshereby agree that the Adventurer can, prior to its start, designate another person to participate in the Event instead, provided that:
    1. he in due time informs the Partner, via the Platform, of his intention and
    2. that person meets and fulfills all conditions, requirements and needs prescribed by this Agreement.
  2. In situation prescribed in paragraph 1 of this article, the Partner shall have the right to seek additional fees, costs and expenses.

12. DATA PROTECTION

  1. The Parties, hereby, declare that they are aware and understand that during validity of this Agreement and before, during and/or after the Event, the Partner may obtain, col-lect and process certain personal data of the Adventurer, including extremely sensitive information, such as his identity, age, sex, personal ID number, contact information, e-mail address, his health issues and conditions, etc. (hereinafter: Personal Data).
  2. The Adventurer,hereby,gives consent to the Partner to collect and process his personal data in way and manner necessary for the performance of this Agreement. Such col-lecting and processing will be done for the purpose of execution of this Agreement, Eventand Event Programi.e. performance of contract and contractual obligations.
  3. The Partner, hereby, declares that he undertakes and guarantees that he will use Personal Data only for purposes prescribed in this Agreement, ensure their protection and will have no right to disclose them to third parties, unless such disclosure is needed for protection, preservation of human life and for medical reasons.
  4. Any misuse of Personal Data by the Partner, including unlegitimate disclosure of Adventurer’sPersonal Data shall constitute a failure to protect them and a violation of this Agreement and Serbia Personal Data Protection Act.

13. CONFIDENTIAL INFORMATION

  1. Confidential Information means all and any information the one Party discloses to another including without limitation terms and conditions under which this agreement has been concluded, financial aspects of its realization and commercial and financial information. Notwithstanding the foregoing, any information communicated orally or in writing, regardless of form or format, even without explicit notice, shall be considered as Confidential Information if it is clearly defined as confidential or if a reasonable person ought to treat them as such.
  2. The Adventurer must hold and maintain the Confidential Information in strictest confidence and will not under no circumstances disclose them to any third party, except in the case of prior written consent of the Partner and the Operator.
  3. A Partycan disclose Confidential Information only to personnel and persons that have professional or contractual duty to protect them.
  4. Publicly available data and information shall not be considered as Confidential Information.
  5. Duty to keep all information prescribed in paragraph 1 of this article as confidential shall remain in full force and effect after the Agreement’s termination to the widest possible extent permitted by laws of the Republic of Serbia.
  6. Nothing prescribed in this article shall not be interpreted as to prevent a Party from disclosing confidential information when required by law of the Republic of Serbia as to court and/or administrative procedure or when disclosure is required to prepare financial statements of the Partneror its affiliates under applicable accounting regulations.

14. SEVERABILITY

If any term or provision of this Agreementor the application thereof to any person or circumstance is held by the court to be invalid or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreementshall otherwise remain in full force and effect and enforceable the remainder of the Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreementshall be valid and be enforced to the fullest extent permitted by law.

15. LANGUAGE OF THE CONTRACT

This Agreement is concluded in Serbian and English and shall have equal validity. In case of any discrepancy between the Serbian and English version, the Serbian version shall prevail.

16. DISPUTE SETTLEMENT AND JURISDICTION

  1. Peaceful Settlement of Disputes
    1. Any and all disputes between the Parties arising out of the use of the Services, shall be firstly settled peacefully and amicably including but not limiting to discussion, talk and negotiation sessions.
  2. Venue
    1. In case that the dispute isn’t settled in ways prescribed in subparagraph 1 of article 16 of this agreement, all and any of the proceedings shall solely be settled in the competent court in Niš, the Republic of Serbia.

17. GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Serbia, without regard to conflict of law rules and principles, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

18. ENTRY INTO FORCE

  1. This agreement is considered concluded the moment the Adventurer placesa reservation for participation in the Event thus accepting the Event Program which serves as an offer made by thePartnervia the Platform. The Adventurer, hereby, fully accepts the content of this Agreement.
  2. This Agreement comes into force the moment the Adventurer places a reservation for participation in the Event thus accepting the offer the Partner has made via the Platform and giving the full consent to terms and conditions stated in this Agreement.

This Business Cooperation Agreement (hereinafter: Agreement) has been concluded electronicallyby way of distance andrepresents a standard form contract (adhesion contract),on the day of Partner’s sign up request, between the following parties:

 

  1. Jelena Petković PR računarsko programiranje Crystal Mobile Niš, having its registered office at 55 Mokranjčeva Street, registered in the Serbian Business Registers Agency under registration number:62981474, TIN:107775009, represented by Jelena Petković, Personal ID Number: 1210980735034 in her capacity asfounder and entrepreneur (hereinater: Operator),
  2. Partner whose relevant information are available in user profile and to whom, at his special request, was given the right to create and advertise Events.

 

Hereafter together referred to as “the Parties”.

 

WHEREAS

 

  • As part of its business activities, the Operatorhas developed Svood – an innovative platform that enables its users, on the one hand, to offer and advertise Events ​and, on the other hand, to find, reserve and participate in activities, promotions and campaignsthat change the experience of enjoying the natural beauties of the Republic of Serbia and raise it to a higher level(hereinafter: Platform);
  • The Partner has the necessary knowledge, skills and experience in organizing tours, events and activities that make it easier for the Adventurers of the Events to visit and explore natural beauties of Serbia. With this aim, the Partner wishes to offer, announce and advertise Events togeneral public;
  • The Operator has appropriate knowledge and professional experience in developing creative solutions, and is in position to offer to the Partner solutions that will enable him to easilyreach out to those interested in activities in nature and to general public, which, among other, means provide a space on the Platform to advertise Events;
  • The Partner is in need of advertising services for Events and wishes to advertise them through the Platform;
  • Having regard to the foregoing, the Partner and the Operator want to establish a long-termbusiness and technical cooperation. For these reasons, they prescribe mutual relations and rights and obligations in the manner defined by this Agreement.

1. SUBJECT MATTER

  1. The subject of this agreement is to establish permanent business cooperation between and among parties, regulate and set terms under which it will exist and to prescribe mutual rights and responsibilities between and among them as well to prescribe terms for termination of this contractual relationship.
  2. Within this business cooperation, thePartner will advertise one or more Events so this Agreement will set general terms under which such advertisements will be made and published.

2. DEFINITIONS

  1. For the purpose of these Agreement, unless otherwise stated, the following terms shall have these meanings:
    1. “Agreement” means this agreement concluded between and among Parties;
    2. “Operator”means Jelena Petković PR računarsko programiranje Crystal Mobile Niš, having its registered office at 55 Mokranjčeva Street, registered in the Serbian Business Registers Agency under registration number: 62981474, TIN: 107775009, that has as part of its business activities(62.01 computer programming), developed the Platform;
    3. “Platform” is a digital service within the Sitethat, in general, provides the Partneradvertising service(s) of his Event(s) including a set and/or series of mutually connected services, features and/or opportunities;
    4. “Site” mean a set of page(s) designed by means of appropriate programming languages and containing text, photos, blogs, videos, and other multimedia available to visitors at www.svood.co, including all subdomains, registered, and solely and exclusively owned by the Operator;
    5. “Partner” means a user of the Platform who has the appropriate professional knowledge, practical skills, abilities and experience necessary for organizing Event(s) and safely leading groups and individuals in nature, especially mountains. On such basis, he was issued an appropriate license by the competent authority. As a rule, the Partner is a member of a mountaineering society in Serbia. The Partner has submitted to the Operator a special request to enable him to advertise one or more Event(s) for which purposes he gives to the latter Warranty Statementsprescribed in thisAgreement;
    6. “Warranty statements” means one or more statements and confirmations given or to be given by the Partnerto the Operator, in one or more independent documents, immediately prior and during this contractual relationship, which relate to but do not limit to his qualifications, expertise, knowledge, skills, abilities. The Warranty Statement specifically means the Partner’s statement that he/she is certified mountaineer who holds a valid license issued by the competent authority.
    7. “Adventurer” means a user of thePlatformwho expressed his intention to participate in the specific Event organized by the Partner and who hired him to participate in it, regardless of his citizenship and level of knowledge of mountaineering rules and practical skills in mountaineering and who pays ParticipationPrice publicly announced by the Partner, without hidden costs, through the Operator;
    8. “Event” means one or a set of several activities planned, organized and realized independently by the Partner, which is advertised on the Platformand to which the Adventurer applies;
    9. “Participation Price” means the sum of the Participation Fee and the Service Fee;
    10. “Participation Fee” meansmonetary expression of the value of the service provided by the Partner to Adventurer(s) expressed in Serbian dinars or in foreign currency for users’ convenience, which includes costs necessary for the Event, from the beginning to the end of its implementation, including without limitation transportation costs, accommodation, sojourn taxes, joint meals in cafes, restaurants, mountain lodges and other registered service facilities and similarly if such is offered by the Partner;
    11. “Service Fee” means a fee that the Partner pays to the Operator for services provided to him, payed at the moment of collection of each and every Participation Price;
    12. “Payment Processor” means PayPal Holdings, Inc, a company appointed by the Operator that is authorized in the processing of credit card transactions between the Adventurer and the Partner;
    13. “Event Program” means a detailed narrative description of the Event i.e. a program and plan of activities designed by the Partner for each and every Event which includes, but doesn’t limit to relevant data on the event, information and instruction for safe, secure and successful realization of activities planned within the Event;
    14. “Extraordinary event” means all and any event,circumstance, situation and/or cause that may hinder, significally hinder or completely prevent realization of the Eventfor a certain period of timesuch as:
      1. Sudden, unexpected and unplanned geological, seismic, cosmic and other natural event, activity and/or meteorological/weather conditions that is outside of normal for season during which and/or climate in which the Event is to take place and significantly deviate from normal in a geographical area narrower than the Republic of Serbia and which, due to its strength, intensity, volume or degree of impact on the environment, nature, buildings, facilities and/or people. These Extraordinary events include, without limitation, a natural disaster, an earthquake that is at least of the third degree on the Mercalli scale and above, or at least 4.0 on the Richter scale and above; heavy snowfall and heavy rain, strong gusts of wind from the fifth degree of the Beaufort scale and up, melting of snow and increasing river water levels etc.;
      2. Sudden, unexpected and unplanned one-time or a series of completed, uncompleted or prolonged activities, actions and/or criminal act(s) of individuals or a group of individuals, regardless of whether they are organized into joint criminal enterprise or act independently of each other, which commit crime(s) aimed at causing or maintaining feelings of fear in the general population, citizens, domestic and/or foreign nationals such as terrorist attacks, planting and activating explosives, sabotage of certain facilities;
      3. Outbreak and spread of micro-local, local, national and/or international viral and/or bacterial infection(s) among the local or population coming from other countries that cause infectious diseases and impair human health, regardless of whether such disease is declared as epidemic or pandemic by the competent local, national and/or international body;
      4. One or more decisions of competent local, regional, provincial, national authority, administrative and/or expert body, organization, public service, public health institutes. These decisions may, inter alia, impose, establish, prescribe and/or introduce state of emergency, movement and/or travel ban(s), a duty to obtain appropriate permit(s), visa(s), certificate(s), war or any other armed conflict.
    15. “Confidential Information” shall mean:
      1. One or more raw data, processed data turned into information, analysis, collection of notes, studies, databases, memoranda, conceptual solutions of thePlatformand/orSite, proposal, projection, forecast of any kind, or any other document that the Operator in any moment of this cooperation agreement and during its existence, orally or in writing communicates, transmits, presents, forwards, sends to thePartnerin any sense, in any way and by any means which is explicitly or implicitly marked as confidential by theOperatoror ought to be perceived as confidential by its nature or in terms of applicable regulations of the Republic of Serbia and/or internal regulations of the Operator;
      2. One or more data and/or information concerning any issue related to the Operator, its business, business, property, employees, business associates, professional and/or legal advisors, Users, Adventurers, Partners, and/or other information that the Partner obtains during the term of this Agreement whose confidential nature he is aware of or should be aware of, in the broadest possible sense;
      3. Terms and conditions for establishing and maintaining business cooperation prescribed by this Agreement, in particular Participation Price and Award;
      4. Services and all other transactions performed under or in connection with this Agreement and made available in the pre-contractual phase of negotiations on the terms of cooperation, before or during the validity of this Agreement;
      5. Correspondence between the User, Adventurer and Partner made through the Platform;
      6. Any personal data of the Parties, Users and/or Adventurers in terms of applicable legal regulations governing the collection and processing of personal data.
    16. Significant Change shall mean any situation, circumstance, case, event or change in which:
      1. The Operatoracquires full or partial ownership of other company(ies), business organizations, or their operating units are transferred or consolidated with other entities;
      2. a third party acquires a share, assets, movable and immovable property, rights and obligations of theOperatorwhich result in taking over all rights and obligations of theOperator in terms of merger into or with third party;
      3. Operatorchanges his legal form.
  2. Unless stated otherwise hereinafter:
    1. words in singular include the plural and vice versa;
    2. verbs and phrases used in continuous/progressive form refer to their perfective forms as well and vice versa;
    3. words used in masculine gender include the feminine and neuter and vice versa without any limitations or discrimination;
    4. references to persons include bodies’, corporate, incorporated associations, partnerships or an authority.
  3. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this document.

3. RIGHTS OF THE OPERATOR

  1. In relation to the Partner, the Operator shall have the right to:
    1. perform identity verification of the Partnerby inspection inspecting the appropriate identification documents such as ID card, passport etc.;
    2. request from the Partner to inspect document(s) that certify that he meets requirements and conditions for organizing Events, including without limitation, appropriate license, certificate, diploma or other document confirming his ability to professionally and safely guide adventurers in events and to collect, copy and store abovementioned documents in any physical and/or electronic form in its information system for the duration of the business relationship and 5 (in words: five) years after its termination;
    3. perform all and any additional checks in relation to fulfillment of conditions for organizing events, if such need arises;
    4. request from the Partner to submit all relevant information related to the organization and implementation of Events including EventProgram that will be published on the Platform;
    5. collect and charge, in hisname and on his behalf, Participation Pricefrom the Adventurer(s), through the Payment Processor, and set aside the Award from charged Participation Price(s), on the account of services the Operator provides, and forward the rest of collected amountto the Partner;
    6. enable Adventurer(s) to write a review(s)in relation to the Event(s), expertise and communication of the Partner, his readiness to meetUsers’/Adventurers’needs and requirements, and the Partner is obliged to accept such review;
    7. require inspection and insight into documents related to Event planning and organization, including without limitation, agreement with transportation carrier, accommodation, i.e. information and data to which the Adventurer files a complaint and the Partner undertakes to make available to the Operator the necessary documents as soon as possible but no longer than 3 (in words: three) days;
    8. to terminate the Agreement, under conditions prescribed by this Agreement and
    9. other rights provided by this Agreement.
  2. If certain right of the Operator is not explicitly stated in paragraph 1 of this Article, it shall not be interpreted as non-existence of that right, if it is stated in another article of this Agreement or prescribed by internal act of the Operator or legal regulations of the Republic of Serbia.

4. OBLIGATIONS OF THE OPERATOR

  1. The Operator undertakes to act in accordance with:
    1. principles of conscientiousness and honesty and with the care of a good businessman;
    2. rules of their profession;
    3. highest professional standards and conscientiously and
    4. terms and conditions prescribed in this Agreement;
  2. In relation to the Partner, the Operatorundertakes to:
    1. enable him to open, access and edit his UserProfilewhich will contain basic information on Partneras well as a list of one or more previous, current and future Events;
    2. provide adequate support to the Partner in relation to reservation and participation to Event and its’ realization;
    3. enable him to create one or more Event offer(s)/advertisement(s), that will contain relevant information about each individual Event;
    4. advertise one or more offers of Eventstoall users of the Platform;
    5. enable searching and filtering of Events based on data and information that he provided in the Event Program;
    6. enable registration of one or more Adventurers to participate in a specific Adventure action through reservation and confirmation of participation;
    7. communication with one or more adventurers;
    8. collect all and every Participation Price(s) from adventurers through the Payment Processor, after which the Operator willset aside his Service Feefor service(s) provided to him, and on a monthly basis transfer to his bank account all Participation Fee(s) collected;
    9. other services prescribed by this Agreement.
  3. For the purpose of this Agreement, it shall be deemed that the Operator has provided essential service to the Partner whenever an adventurer places a reservation to a specific Event, via Platform.
  4. If a technical problem occurs on the Site and in connection with the Platform, the Operator undertakes to take all necessary activities, measures and actions to overcome such technical issue in shortest possible time.

5. PARTNER RIGHTS

  1. In relation to the Operator, the Partner will have the right to:
    1. Create, access and edit his user Profile that will contain basic information on him, as well as a list of one or more previous, current and futureEvents,
    2. Post his own photos and/or videos from previous Events or post photos and/or videos made by other authors, provided he obtained prior valid written consent;
    3. Create, edit and publish one or more Events he plans to organize, provided that each of the announced Event(s) contain relevant information;
    4. Independently plan and designactivities that will take place within Event Program;
    5. Advertise one or more Events;
    6. Communicate with Adventurers who placed their reservation for participation to Event(s) and other users through the Platform;
    7. Once a month receive a transfer of all collected Participation Fees for all Events he realized, after the Operator has collected payments of Participation Price(s) from all adventurers who participated in his Event(s) and deduction of Service Fees;
    8. Adequate user and technical support.
  2. Beside rights prescribed in paragraph 1 of this article, the Partner may have other rights if they are prescribed by one or more provisions of this Agreement.

6. PARTNER OBLIGATIONS

  1. The Partner has a duty to:
    1. get himself acquainted thoroughly and in detail with the Terms of Use of the Platform as well as with the content of this Agreement;
    2. submit valid, trustworthy, accurate and true document(s), data and/or information about his own identity;
    3. respect intellectual property rights of theOperator, Adventurers, Users and third parties;
    4. act fully in accordance with non-compete clauses;
    5. provide services in way and under terms defined by himself in Event Program and under the terms and conditions prescribed by this Agreement and Terms of Use;
    6. write a clear, specific, precise and easilyunderstandableEvent Programfor each individual Event,that will contain relevantinformation prescribed by this Agreement;
    7. timely, using the Platform, provide to Adventurers all information relevant to the realization of theEvent using the Platform,
    8. form Participation Feein accordance with provisions prescribed by this Agreement;
    9. authorize the Operator to accept and collect each and every payment of Participation Price from all Adventurers that take participation to any Event for and on behalf of the Partnerthrough third party payment processors (Payment Processor) and not to collect Participation Price(s) in other ways then prescribed in this subparagraph;
    10. timely submit all information, notifications, answers as well as the necessary documentation related to the problems encountered during the implementation of the Event;
    11. indemnify all and any damage that he causes to the Operator by his behavior or the behavior of third parties that he hired for the purpose of performing the Event.
  2. The Partner may have other responsibilities, duties and obligations prescribed in this Agreement and the Terms of Use of the Platform, if they are specified in another article of this Agreement or prescribed by an internal act of the Platform Operator or laws of the Republic of Serbia.

7. PARTNER’S IDENTIFICATION INFORMATIONANDACCOUNT VERIFICATION

  1. No later than placing an advertisement of the first Event, the Partner must send to the Operator the following information and documents related to:
    1. Basic identification datai.e.:
      1. Natural person –first and last name, address of the place of residence;
      2. Legal person –full business name, address of registered seat, registration number, tax identification number, name of legal representative;
    2. Personal information such as:
      1. Personal photo;
      2. Information on relevant experience;
      3. Information on one or more foreign languages he speaks and/or uses and
      4. Personal description up to 50 words;
    3. Passport such as:
      1. Number of passport and the name of the issuing authority;
      2. photo of valid passport;
    4. Contact information such as telephone number
    5. Expertisei.e.:
      1. the decision of the competent authority which grants the Partnera licensefor conducting and organizingEvents;
      2. a photograph of such license, relevant diploma and/or certificate which will include document issuing authority, number, term of validity of such document.
  2. The Partner is obliged to periodically, at least once in six months, inform the Platform Operator about the change of one or more information prescribed by paragraph 1 of this article.
  3. All data, information and document that the Partner sends or will send to the Operator, entered or will enter and/or change during this contractual relationship shall be used for verification of the Partner and user account verification.

8. STATEMENTS OF WARRANTIES, REPRESENTATIONS AND GUARANTEES OF THE PARTNER

    Under moralresponsibility, civil and criminal liability, the Partner, hereby irrevocably presents and warrants to the Operator that:

  1. He is of legal age;
  2. He has successfully completedone or more appropriate professional instructor, guiding and/or technical leadership training program and/or course;
  3. He has the necessary professional knowledge and practical skills necessary for organizing Eventsand safe guiding of groups and individuals in nature and in the mountains;
  4. He holds a valid license, certificate and/or diploma for safe and secure organization and execution of the Event(s) issued by the competent authority;
  5. He is the only and exclusive author of the photos and videos published over the Platform or that he has obtained a valid license/consent of third persons that authored photos and videos to publish them on the Platform;
  6. He will respect copyright and intellectual property rights of the Operator and third persons;
  7. all data, information, public and other documents that the Partner1) delivers to the Operator during and in relation to realization of this Agreement, 2) publishes or enters into the Platform and presents to the Users and the Adventurers, prior, during and after realization of the Eventare faithful and credible.

9. EVENT PROGRAM

  1. The Partneris obliged to define Event Programfor each advertised Event.
  2. Content of the Event Program –The program of the Event must include:
    1. Personal information including his first and last name or business name, number and license category;
    2. Event information includingdescription of the destination, routes along which the tour will move, site(s) to be visited, the length of the route in kilometers, the highest point to reach, altitude differences, average duration of the Event;
    3. Information ondeparture andreturnincluding date, time and place of group gathering time and place of temporary stops and pauses, place of return;
    4. Information on additional services such astransport from group meeting point to place where Event takes place and back, possible accommodation for overnight stays and accommodation units, if such services are planned and includedetc.;
    5. Information on Participation Price including information on services, costs and expenses that are included in and excluded from the Participation Price;
    6. Information on application such as minimum number of adventurers needed for the Event to be realized, the application deadline;
    7. Information on conditions for participationsuch as technical equipment that the Adventurer must have, procure and/or take with him in order to be able to participate safely and securely in the Event;
    8. One or more photographs of attractions and natural beauties that will be visited during the Event that must be either made by the Partner or a third party provided he has obtained a valid permission and must not be taken, used, borrowed or otherwise obtained from other websites without a valid license;
    9. Additional information such as information on health and administrative formalities, information on whether the Event participants will be able to buy food, drinks and other supplies on the tour at certain locations and where, etc.
    10. In addition to the information prescribed in in paragraph 2 of this Article, Event Program may contain other information, if the Partner deems them necessary for Adventurers.
  3. Prohibited information
      It is strictly prohibited for the Partner to state and share in the EventProgram information on:

    1. his place of residence and home address;
    2. his cell of fixed phone number;
    3. his contact e-mail address and/or his website;
    4. his profiles, pages and/or accounts on social networking websites and
    5. other information that would enable the Partner and an adventurer to make participation arrangement excluding the Operator and, thus, put him in an unfavorablestatus.
  4. Changes to Event Program
    1. It will be strictly prohibited to make changes to EventProgramalready published and advertised on the Platform.
    2. Exceptionally, the EventProgram can be changed only for justified reasons: a) when changes cannot be attributed to the fault of the Partner, b) changes that he could not influence, avoid or eliminate; c) as well as in the case of an Extraordinary Event.
    3. If the Partner,before the day set for start of a specific Event, determines the need to change the Program of it, he must immediately inform the Operator and each Adventurer who signed up for a specific Event of this change.
    4. If change to the Event Program leads to an increase in costs and expenses of the Event, they will be borne exclusively by the Partner. But, if such change leads to reduction of costs and expenses while maintaining the same level of characteristicsof the Event, such change will lead to a reduction of Participation Feein favor of the Adventurer.
    5. Should there be a need for replacement of accommodation, such can be done only by using a facility of the same category, or at the expense of the Partner, using a facility of a higher category. Accommodation replacement facility must be in the same place as original accommodation facility.

10. ADDITIONAL SERVICES WITHIN EVENT

  1. In order to successfully realize the Event and create unique experience of the Adventurer, the Partner can freely select and hire third parties such as carriers, drivers, translators, photographers, videographers, providers of hotel, accommodation and other catering and service activities (hereinafter: Partner’s Associates).
  2. In case he chooses to engage one or more Partner’s Associates, the Partnershall:
    1. before the start of the Event, enter into separate services agreement with them which will regulate mutual rights and obligations including without limitations fees for their services, and
    2. be responsible for any damage that Partner’s Associatescause directly or indirectly to the Operatorand to Adventurers. Any liability for damages to the Operator will be separate from liability he will have towards adventurersand those liabilities will not be mutually conditioned in any way.
  3. If the Partner, as part of the additional services of a specific Event, provides the opportunity for Adventurers to participate in the preparation of a joint meal, he will not be entitled to collect additional costs and additional profit, since he has no rights to provide such service activities for money.

11. PARTICIPATION PRICE

  1. For each Event that the Partner advertises via the Platform, he must set a Participation Feewhich will serve as basis for calculation of Operator’s Services Fee. Services Fee will be determined at Operator’s sole, exclusive and discretionary right. Definitive Participation Price that adventurers will be obliged to pay shall be a sum of Participation Fee and Services Fee.
  2. In case he chooses to engage one or more11.2. Participation Fee shall include all costs, expenses, charges, fees and taxes needed for the Event, from the beginning to the end of its realization, including without limitation:
    1. transportation expenses,
    2. accommodation costs,
    3. possible sojourn taxes,
    4. possible jointly organized meals in cafes, restaurants, mountain lodges and other registered service facilities and
    5. other costs included by the Partner in the Participation Fee.
  3. The Partner has a duty to offer participation in the Event at a price lower than the one he charges to clients he obtains in other ways i.e. outside of the Platform.
  4. Offering Participation Price equal to or higher than the one charged to his own clients acquired otherwise, shall constitute a breach of duty prescribed in paragraph 3 of this article and the Partner shall bedeemed to pay contractual penalty to the Operator in the amount of EUR 1,000.00.

12. COLLECTION OF THE PARTICIPATION PRICE

  1. Parties, hereby, agree that the Participation Fee for each Event is determined by the Partner in his offer, and that the collection of the Participation Pricewill be done by the Operator.
  2. Parties hereby, agree that the collection of participation price will be done after the end of each Event, through the Payment Processor.
  3. Participation price(s)mustbe expressed either in Serbian dinars (hereinafter: RSD) or in foreign currency. Should the Participation Price be in a foreign currency, it shall be payable in RSD counter value on date of payment under official middle exchange rate of the National Bank of Serbia.
  4. Parties, hereby, agree that the Adventurer will have the right to withdraw from participation to the Eventat any time,provided that he informs the Partner inmanner prescribed by the Operator. The date of Adventurer’s notification of participation cancellationshall serve as basis for calculation of Cancelation Feewhich will be equal to a certain percentage of the Participation Price. Unless stated otherwise in the cancelation policy of the particular Event, Cancelation Fee shall be as follows:
    1. If the Adventurer cancels the participation in the Event in a timely manner, i.e. no later than 14 days before the start of the Event, the Parties will not charge the Adventurer any CancelationFee.
    2. If the Adventurer cancels the participation in the Event 13-7 days before the beginning of the action, the Partieswill be entitled to collect 50% of the Participation Priceas CancelationFee.
  5. In the event of the death of the Adventurer or he cancelsparticipation to the Eventdue to serious illness or death of a spouse, blood relative in the direct line, brother or sister, adoptee and adoptive parent, calls for military exercise, natural disasters or state of emergency officially declared by the competent authority of the country of travel, the Partieswill not entitled to collect Cancelation Fee. If any of abovementioned cases occur, the Adventureror person close to himwill be obliged to notify and submit to the Operatorand/or the Partner relevant document in support of such information. Definition of sudden and serious illness as well as a list of relevant documents that will serve as evidence are prescribed in Terms of Use.
  6. If Partner’s fault or negligence or fault and/or negligence of Partner’s Associate in relation to the Eventrealization leads to it being incomplete or of poor quality, and after finding that the Adventurercomplaint is found as merit, and the Operator grants him price reduction or refund of full amount of the Participation Price, the Partnerwill not be transferred or forwarded the Participation Fee of that Adventurer. IfParticipation Feewasalready transferred to him, the Partnerwill be obliged to transfer that amount back to the Operatorwho will, then, return to the Adventurer.

13. OBLIGATIONS IN CASE OF COMMENTS AND COMPLAINTS

  1. Remarks and complaints
    1. In relation to realization of a specific Event, the Adventurer will always have the right to send remarks or file a complaint to the Operator through the Platform or present them in oral way directly to the Partner.
    2. These remarks and/or complaints can be related to: a) the way in which the Event was realized, b) if and to what extent sudden and unexpected changes were made, c) occurrence of damage as well as d) other remarks.
  2. Partner’s duty to notify the Operator of any remarks, complaints and/or objections
    1. If the Adventurer during or immediately after the end of the Event, orally informs the Partner of any remark, objection and/or complaint, he will be obliged notify the Operator of such situation and present those remarks, objections and complaints to the Operator to the fullest extent as soon as possible. In any case, no later than before the Operatortransfers to him collected participation fees.
  3. Partner’s duty to cooperate
    1. Whenever an adventurersends a negative remark, files an objection or a complaint to the Operator and/or to the Partner, regarding realization of the particular Event, the Partner will be obliged to cooperate with the Operatorand provide information and evidences that are in his favor.
    2. Duty to cooperate prescribed in subparagraph 2 of his paragraph relates to all information, notifications, answers as well as the necessary documentation related to the problems that arose during the implementation of the Event.
  4. Duty to indemnify
    1. If due to unexpected changes to EventProgram or such changes are not justified, and the Adventurersuffers any damage, the Partner will be solely and solely liable to compensate and indemnify him and shall not be entitled to any compensation from the Operator.
    2. If due to unjustified and/or arbitrary changes to the EventProgram, the Operator suffers any direct or indirect damage, the Partner will be obliged to indemnify the Operator to the fullest extent.

14. INDEMNIFICATION

  1. If during the validity of this Agreement, Partner’s behavior and/or actions, regardless whether they are intentional or result of gross negligence, or he fails to act in accordance with provisions of this Agreement and/or Terms of Use cause any type of damages or loss to the Operator, the Partner will have the duty to indemnify the Operator for any and all losses, damages including reputation damage.
  2. The Partner will be obliged to indemnify each individual adventurerfor complete or partial non-fulfillment of obligations related to the organization and implementation of the Event.
  3. If Partner’s Associates fail to perform services for which they were engaged by the Partner, in whole or in part, the Partner will be obliged to indemnify the Adventurer. To the extent to which he has indemnified the Adventurer, the Partner can exercise his right to reimburse himself from Partner’sAssociates in way he sees fit. For any indemnification the Partner has made, he will not have the right to claim any amount from the Operator on that basis.
  4. Should the Operator be obliged to return collected Services Fee to the Adventurer, the Partner will be obliged to reimburse the Operator on the basis that the services have been provided to him.
  5. In addition to the obligations of indemnification prescribed in this Article, the Partner shall be obliged to indemnify also in other cases prescribed by this Agreement.

15. REPLACEMENT IN THE PERSONALITY OF THE ADVENTURER

  1. The Partiesagree that in the event of Adventurer’sincapacity, or objective inability to participate in the Eventor the purpose of giving a gift to someone, may inform the Partner through the Platformof such situation,in timely manner, within a reasonable time before the commencement of Event and designate another person to participate in the Event instead (hereinafter: New Adventurer).
  2. New Adventurer must meet every and all conditions, requirements and needs set by the Partner in Event Program, Terms of Use and by applicable law requirements regarding the age limit for participation in the Event,as well as the requirements prescribed by the agreement which governs the relationship between previous Adventurer and the Partner.
  3. In the case prescribed by paragraph 1 of this Article, the Operator shall have the right and authority to decide whether it will charge replacement fee from the Adventurer or New Adventurer and in which amount. This fee shall cover costs that arise due to the replacement itself.

16. PARTNER'S TAX AND OTHER OBLIGATIONS

  1. In respect to the income the Partner has generated through the Platform, he will be solely and exclusively responsible to timely submit appropriate tax returns to the competent authorities, calculate and pay taxes, contributions, fees and other fiscal and para-fiscal levies in the manner and within the deadlines prescribed by the relevant regulations
  2. The Operator doesn’t have and will never have the duty tofile one or more tax returns in name of and on behalf of the Partner, nor to calculate, pay, or reimburse any tax, fiscal or para-fiscal duties of the Partner. The Operator will not in any way be held liable for Partner’sfailure to comply with his legal and other obligations with respect to the determination of taxes and other duties.

17. NON-COMPETITION

  1. Having in mind the specific and business activity of the Operator and the sensitive nature of the services it provides, the Partner presents and warrants to the Operator that he will not, under no circumstances, compete directly or indirectly nor provide services of the same or similar nature to competitors and/or business which competes with the Operatorin any material respect with the conduct of theOperator.
  2. The non-compete clause is valid during this Agreement and will continue to be valid for the period of at least one year after its termination, during which period the Partner will not able to perform his services prescribed in this Agreement in his own name and for his own account nor in name and on behalf of third parties.
  3. Violation of non-compete clause will be considered a serious breach of the Agreement and will be the basis for Operator’s termination of this Agreement. In such case, the Operator will reserve the right to claim from the Partner all damages suffered as a result of such violation.

18. INTELLECTUAL PROPERTY

  1. The Partnerunconditionally undertakes to respect all copyrights and intellectual property rights of theOperatoron all intellectual works created by the Operator, regardless of the form in which the copyrighted work is expressed, communicated and/or presented, including without limitation,lines of code of Site, the Platform, ideas regarding the Platform, preparatory material for their development etc. (hereinafter: “IP”), without any subject, temporal and territorial restrictions.
  2. The Partner shall have the right to use IP and rights of the Operator attached to them in such way and extent needed for services he provides to users of the Platform and will not have the right to reproduce the IP, make, put and/or publish copies of the IP on the internet or elsewhere, not to change, adapt, re-adapt, re-arrange and otherwise modify the IP.

19. TRANSFER AND ASSIGNMENT OF POSSIBLE PARTNER COPYRIGHTS

  1. In order to increase the attractiveness of the offered and advertised Events, the Partnercan use electronic devices to make one or more photographs and/or videos and publish them on the Event pagevia the Platform.
  2. By signing this Agreement, the Partnerpresents and warrants that he is sole author and owner of the photos and videos published on his User Profileand/or Event page or that he has obtained and holds a valid license from the author(s) of such copyrighted material to publish them on the Platform.
  3. For the purposes of this Agreement, it shall be deemed and considered that the Partner has transferred all copyrightsto the Operator at the moment when he starts uploading copyrighted material to Operator’s servers. There shall be no need parties to enter into special agreement in relation to licensing of such copyrighted work.
  4. In case that Partner hires professional photographer and/or videographer to create photos and/or videos, he undertakes to respect his intellectual property rights and to obtain written intellectual property assignment agreement and/or consent to publish and exploit such creative work. The Partner will have duty to submit that agreement/consent to the Operator in electronic form, at the same time copyrighted work upload to the Platform’s servers.
  5. Copyrighted material prescribed in paragraph 4 of this Article, may not be in any way marked, watermarked, singed or branded with any other inscription, sign or brand of the author. Name of the author will be in any case properly accredited in appropriate place.
  6. The Operator undertakes to publish name of author(s)of uploaded works that the Partnerhas provided at the time of upload.
  7. By entering into this Agreement and by subsequent upload(s) of copyrighted works to Platform’s servers, the Partner transmits and assignsexclusive right(s) to the Operator and agrees that the Operator shall have the right to use one or more uploaded copyrighted works for Platform’s advertising purposes aimed at raising awareness of the general public on Platform. Advertising purposes may include, among others, publication and/or feature of such works in posters, billboards, promotional videos, advertisements, video messages, print media, radio and television shows, internet, social media and social networks, search engines etc. For such use, the Partner shall have no right to demand explicit consent for publication of such work in nor demand or ask for any fees or any type of compensation.

20. PERSONAL DATA PROTECTION

  1. The parties, hereby, acknowledge and declare that they are aware that during this business arrangement, the Partner will obtain certain personal information related to an identified or identifiable adventurers, usersand other natural person, including extremely sensitive information, about, which relate to their identity, health conditions and similar(hereinafter: Personal Information).
  2. Partner may use and/or in some cases processPersonal Informationof adventurerssolely for the purpose of this Agreement and for the purpose of execution of separate agreement that the Adventurer enters into with the Partner for particular Event.
  3. Partner,hereby,presents and warrants unconditionally that he will treat all Personal InformationofAdventurers and other Users he obtains prior to, during and after the Eventor in relation to the Eventas Confidential Information and will keep them secret and will not, under any circumstances, disclose, assign, forward, sell or in any way share them to and/or with third parties with or without any compensation. The Partner will not to in any way make those Personal Information available to third parties nor will Personal Information be used for purposes other than those stipulated in this Agreement, Terms of Use, agreementbetween the Partner and the Adventurerconcluded for the purpose of participation to specific Event.
  4. It will be deemed that the Partner has violated Adventurers’, Users’ and other natural persons rights in relation to Personal Information whenever he or Partner’s Associate acts against his duties and responsibilities prescribed by Serbian Personal Data Protection Act. Such acts may, among others, include unlawful process, disclosure, assignation, sell of such information to third party.

21. CONFIDENTIAL INFORMATION

  1. The Parties may provide access to Confidential Information only to those persons who have a professional and/or contractual obligation to keep and protect them.
  2. Publicly available data will not be considered ConfidentialInformation.
  3. The obligation to keep the confidentiality of information continues to apply even upon this Agreement’s termination to the extent permitted by applicable law of the Republic of Serbia.
  4. Nothing herein shall be construed as to prevent a Party from disclosing ConfidentialInformation when such is required by applicable law of the Republic of Serbia, court order or when disclosure is required to prepare financial statements of the Party or its affiliates under applicable accounting regulations.

22. TERMINATION OF THE AGREEMENT

  1. Agreement termination by mutual consent
    1. The Parties have the right to terminate this Agreement by mutual consent at any time, except at an unreasonable time. In such situation, the Partnershall be obliged to correctly, safely, securely and successfully realize all offered and advertised Events to which one or more Adventurers have applied.
    2. The agreed termination of the Agreement will be reflected in the fact that the Partner will no longer be able nor have the right to offer and advertise new Events, and shall have duty to realize those Eventsto which the Adventurers have applied.
    3. The Operator shall make all payments in the manner and to the extent prescribed by the provisions of this Agreement.
  2. Unilateral termination of the Agreement
    1. Parties will have the right to unilaterally terminate this Agreement without giving reasons for termination. Unilateral termination of this Agreement shall be done by giving notice of termination in writing to the other party at least 30 (thirty) days before the date specified as the date of termination of the Agreement.
    2. The Operator has the right to unilaterally terminate this Agreementwhenever the Partner violates his duties of this Agreement such as
      1. Violates intellectual property works from third party websites by posting such works without other persons on the platform,
      2. Discloses his own personal information strictly prohibited from sharing to adventurers and/or users,
      3. and by giving notice of termination of this Agreement in writing to the Partner at least 5 (five) days prior to the date specified as the date of termination of the Agreement.
    3. The Partner will have the right to terminate this Agreement in the following situations:
      1. Unjustified delay in transfer of Participation Fee by the Operator;
      2. The Operator does not provide technical support for offering and advertising the Event for a period longer than two months.
  3. The Operator reserves the right to terminate this Agreement immediately by written notification if the Partner violates provisions of this agreement by: a) being reviewed negatively three times by different users, b) acting against non-compete clauses, c) violatingprovisions related to the protection of Personal Information and Confidential Information, d) failing to realize the Event at all without justifiable excuse, e) acting discriminatory towards one or more adventurers,f) inflicting intentionally or by gross negligence harm or damage(s) to adventurerof major proportions. In these situations, the Operator will immediately stop providing services to the Partner and will cease to enable him to use the Platform. Unilateral termination of the Agreement by the Operator will not in any way prevent the Operator to seek indemnification for damagesbecause of Partner’s activities.

23. DURATION OF THIS AGREEMENT

This Agreement is concluded for an indefinite period of time.

24. ASSIGNMENT OF OBLIGATIONS AND TRANSFER OF THE CONTRACT

  1. Having in mind that this Agreement is made with regard to the specific knowledge and skills of Parties as well as the specific areas of activity in which they operate, the transfer/assignment of obligations, in whole or in part, will not be possible without the prior consent of Parties and third party to which this agreement is fully or partially transmitted.
  2. Notwithstanding paragraph 1 of this Article, should there be a Significant Change on Operator’s side, consent of the Partner will not be needed if those changes do not a) worsen the position of the Partner, b) reduce his rights, c) increase or complicate his duties and responsibilities.

25. AMENDMENTS TO THE AGREEMENT

  1. Amendments to this Agreement shall be final only if made in writing.
  2. For the purposes of this Agreement, it shall be considered that amendments will be made in writing if they are agreed upon in electronic form i.e. concluding distance contracts through electronic means of communication, including e-mail correspondence.

26. SEVERABILITY

If any term or provision of this Agreement or the application thereof to any person or circumstance is held by the court to be invalid or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable the remainder of the Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

27. DISPUTE SETTLEMENT AND JURISDICTION

  1. Peaceful Settlement of Disputes
    1. Any and all disputes between the Parties arising out of the use of the Services, shall be firstly settled peacefully and amicably including without limitations discussion, talk and negotiation sessions.
  2. Venue
    1. In case that the dispute isn’t settled in ways prescribed in subparagraph 1 of this article, all and any of the proceedings shall solely be settled in the competent court in Niš, the Republic of Serbia.

28. AVAILABILITY OF THIS AGREEMENT

  1. This agreement has been prepared by the Operator and will be made available online on the official Site and the Partnercan access it and read it.
  2. At his detailed request, the Operator may forward to him the current version of this Agreement.

29. ENTRY INTO FORCE

This agreement fully regulates the relationship between thePartner and the Operator and will be considered concluded at the moment when the Partner accepts its content when creating the Account.