GENERAL TERMS OF USE OF “SPORTICO” WEB APPLICATION
(hereinafter ” General Terms of Use ” or ” TOU “)
PREAMBLE
A. INFOMEDICA doo Belgrade is a company established in accordance with the law of the Republic of Serbia, with the address of the headquarters at ul. Paunova no. 57, Belgrade (Voždovac), ID number 6922449, PIB 100165175, contact e-mail: imedis@sbb.rs (hereinafter: InfoMedica ),
B. InfoMedica is a company that developed and manages the Sportico web application on the website sportico.rs/app (hereinafter: the Sportico application ).
C. The user is a legal entity, entrepreneur or natural person who is registered by InfoMedica as a user of the Sportico application (hereinafter: User ).
D. InfoMedica would like to offer interested parties the possibility of using the Sportico application for (i) creating online clubs through which they will communicate with their members and (ii) obtaining information about sports activities, with the fact that InfoMedica in no way participates in financial transactions that take place between the club, coaches and/or club members.
E. The user wants to use the Sportico application in order to create his online club and through it to keep records of sports activities, i.e. to receive information about sports activities, in accordance with these General Terms of Use.
In accordance with the above, by registering on the Sportico application, the User fully agrees to the following terms and conditions
1. SUBJECT TO GENERAL TERMS OF USE
1.1 InfoMedica provides the User with the necessary services and enables the use of the Sportico application in order for the User (i) to create an Online Club and through it to record data about the sports activities of its members (hereinafter: Products), i.e. for the User (ii) to receive online data about his activities or activities in online clubs with which he is connected (hereinafter: Sportico application services ).
1.2 Access and use of the Sportico application by the User shall be carried out in accordance with the terms and conditions of these TOU.
1.3 By using the Sportico application and any of its parts, the User agrees to the terms and conditions set forth below which are binding, and these General Terms of Use apply like any other written agreement.
2. USER ACCOUNTS
2.1 A prerequisite for the use of the Sportico application by the User is to register a user account. An order for the use of the Sportico application (hereinafter: Order ) is an electronic order, which is assigned exclusively by InfoMedica, and after the application by the User as well as his registration by InfoMedica. Registration is done directly through the Sportico application. Based on the registered Account, the User can use the Sportico application to (i) create an online club through which he will communicate with his members (ii) obtain online data about his activities or activities in online clubs with which he is connected, in accordance with these GTC . When registering the User, the User will register his username ( username) and password ( password ).
2.2 When registering an Order, the User is obliged to provide, among other things, the following data:
a) when opening and registering a User Account for using the Sportico application: User’s first and last name (mandatory), User’s e-mail address (mandatory), telephone (optional);
b) when creating and registering the Online Club: Name of the Online Club, e-mail, username of the owner (all mandatory);
2.3 The user can be any person (natural person, legal person or entrepreneur). Accounts that are registered by “bots” or in some other automatic way are not allowed. By concluding this contract and opening and registering an Order, the User declares and guarantees that he has the business ability to conclude a contract that is valid in the territory of the Republic of Serbia.
2.4 InfoMedica reserves the right to reject the User’s request to register an Account, or to cancel an existing Account, for any reason at its own discretion and without providing any notice or explanation to the User.
2.5 InfoMedica will not allow the opening and registration of a new Account or Online Club for a User who has outstanding obligations to InfoMedica based on previous business cooperation and previously registered Accounts and Online Clubs.
2.6 The User is responsible for the security of his Account, as well as his username and password. InfoMedica cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this security obligation.
2.7 The User is obliged to provide InfoMedica with accurate and complete information that is necessary to complete the process of opening and registering an Account, i.e. registering and activating the online club, as well as to update the data as soon as it changes.
2.8 The User bears the entire responsibility and is solely responsible for all activities carried out through his Account, either by the User, or by third parties authorized by the User to access the Account, and is obliged to enable that both he and the authorized third parties are , familiar with the TOU, to understand and comply with it, which also applies to all other InfoMedica rules, policies, notices and/or agreements.
2.9 The user who logs in to the Sportico application and uses it is considered a contracting party for the purposes of these GTC.
2.10 In the event of a dispute regarding the ownership rights of the Account, i.e. the Online Club, InfoMedica reserves the right to request documentation in order to establish or confirm the ownership rights of the Account, i.e. the Online Club. Documentation may include, but is not limited to, an extract from the competent register of business entities, etc.
2.11 InfoMedica reserves the right to determine, at its discretion, the right of ownership of the Account, i.e. the Online Club, and to transfer the Account, i.e. the Online Club to the rightful owner. If it is not possible to determine the real owner of the Account or Online Club, InfoMedica reserves the right to temporarily suspend the Account or Online Club until the dispute between the interested parties is resolved.
2.12 The User must not use the Sportico application for any illegal or unauthorized purposes. While using the Sportico application, the User must not violate any relevant law/regulation.
3. PERSONAL DATA
3.1 For the purposes of using the Sportico InfoMedica application, it processes certain personal data in the manner and in accordance with the Notice on Personal Data Processing available at: https://www.sportico.rs/index.php/politika-privatnosti/
3.2 Users who use the Sportico application to create an Online Club are obliged to process the personal data of users connected to the Online Club in a manner and in accordance with the Personal Data Protection Act of the Republic of Serbia and other applicable regulations governing the matter in question.
4. REGISTRATION AND USE OF THE ONLINE CLUB
4.1 Online club registration
4.1.1 When registering an Online Club, the user can register any number of members and assign them appropriate user roles. Member registration means connecting one of the users of the Sportico application with the Online Club. At the same time , in the connection procedure, the User must obtain the approval of the member of the club for connection, whereby they are obliged to process the personal data of users who are connected to the Online Club in a manner in accordance with the Law on Protection personal data of the Republic of Serbia and others are valid regulations that regulate the matter in question .
4.2 Using the Online Club
4.2.1 The use of the Online Club is carried out exclusively in accordance with the provisions of these TOU as well as the notifications that InfoMedica can send to the User at the registered e-mail address.
4.2.2 Registration of Online Club activities will be done online. In addition to the direct registration of activities through the Online Club, the User can present his activities through other websites or social networks, in accordance with the general conditions of use of those websites and social networks.
4.2.3 In the case of using the option from the previous paragraph, the User is solely and exclusively responsible for the aforementioned, i.e. for setting up and promoting the Online Club on other websites and social networks in accordance with the appropriate conditions of use and business of those websites and social networks, and InfoMedica will not have any additional obligations and responsibilities towards the User regarding this matter.
4.2.4 The user who is the owner of the Online Club can update the data related to the activities of the club and the data related to the activities of the club members. In doing so, the User is obliged to process the personal data of users connected to the Online Club in a manner in accordance with the Personal Data Protection Act of the Republic of Serbia and other valid regulations . which regulates the subject matter .
5. INTELLECTUAL PROPERTY / LICENSE
5.1 Intellectual Property on the Sportico App
5.1.1 InfoMedica reserves all rights related to the Sportico Application including, without limitation, any copyright or related right, intellectual property right, as well as the exclusive right to create derivative works, and the User agrees not to create copyrighted works based on the Sportico Application , unless otherwise expressly permitted by InfoMedica.
5.1.2 Subject to these TOU and acceptance thereof by the User, InfoMedica grants and the User hereby accepts a limited, non-exclusive, non-transferable license (unless otherwise provided in a separate agreement) for the User to register an Account with InfoMedica and use the Sportico application for (i) creating an Online Club, i.e. (ii) recording and obtaining information about one’s own or the club’s activities.
5.1.3 The limited license granted to the User is subject to additional restrictions, which are defined below. Any use of the Sportico App that violates the license restrictions below constitutes an unauthorized use of the Sportico App contrary to the license granted and will be considered an infringement of InfoMedica’s copyright in the Sportico App. The user agrees that under no circumstances will, among other things:
– copy, photocopy, reproduce, translate, reverse engineer, decompile, derive the source code, or disassemble the Sportico application, in whole or in part, nor create derivative works based on the Sportico application;
– modify or cause to be modified any file that is part of the Sportico application unless expressly authorized by InfoMedica;
– assign, pledge, sell, sublicense or otherwise transfer the rights guaranteed by these TOU to any third party without the prior express written consent of InfoMedic;
– use any unauthorized third-party program that in any way affects the Sportico application or automation programs, nor any third-party programs that interrupt, mimic or redirect communication between the Sportico application and its users, or collect information about the Sportico application by reading parts of the memory which the Sportico app uses to store information about the Sportico app.
5.1.4 All rights to the Sportico application are owned by InfoMedica, and the User has only the right to use the Sportico application in accordance with these TOU. Any rights not expressly granted to the User under these TOU belong to InfoMedica.
5.1.5 The user may not lend, lease, or in any other way assign to third parties the use of the Sportico application, without the express prior written consent of InfoMedica.
5.2 Intellectual Property in User Content
5.2.1 InfoMedica does not have any intellectual property rights on the Content provided by the User to InfoMedica for the purposes of using the Sportico application. All posted Content remains the property of the User. The user declares that he has the rights to all the content he publishes within the Sportico application and that it does not infringe any rights of third parties, and that in this sense he will protect InfoMedica and compensate it for all damages in case of possible claims of third parties against InfoMedica.
6. HARDWARE/CONNECTION TERMS
6.1 In order to access and use the Sportico application, the User must meet the hardware and internet connection requirements, which may change over time. The user bears the entire responsibility for paying all costs for the Internet connection, as well as for all equipment, servicing, repairs necessary to access the Sportico application.
7. PRICE AND PAYMENT OF SERVICES
7.1 For the use of the Sportico application, the User pays the appropriate fee, which consists of the amount of the monthly lease and maintenance of the Sportico application depending on the service package that the User chooses (” Sportico subscription “), as well as other amounts and costs that may arise during the provision of the Sportico application Services, if the same arise (hereinafter referred to as ” Additional fees “). Fee for use Additional fees are hereinafter collectively referred to as Fees.
7.2 The Sportico subscription amount, depending on the service package chosen by the User, is given in the Sportico application section: sportico.rs/app/bank/prepare
7.3 Payment of the Sportico subscription is made on a monthly basis. After payment of the Fee by the User, InfoMedica will issue a corresponding invoice to the User. The user can be granted a trial period of free use of the Sportico application, and its duration is regulated by mutual agreement (” Trial Period “). During the Trial Period, the User will be able to use all the options of the Sportico application.
7.4 Payment of the Additional Fee is made on a monthly basis together with the Usage Fee.
7.5 The billing period for the Compensation and Additional Fees is one month (hereinafter referred to as the ” Billing Period “). While using the Sportico application, the user receives a notification about the expiration of the current Billing Period, and after the expiration, access to the system is not enabled.
7.6 InfoMedica will send invoices for Fees to the User electronically, via e-mail to the address indicated by the User.
7.7 In the case of changes in the prices of Fees, InfoMedica will inform the User about the changes through a publication on its website and/or by sending an e-mail to the User.
8. USER CONTENT
8.1 “Content” means all communications, sound, text, data, graphics and all material and information posted and transmitted by the User through the Sportico application, all activities carried out within the Account, even when posted by other persons who have the right to access the Account based on the authorization of the User, as well as any information provided and/or disclosed by the User in any way through the Sportico application.
8.2 InfoMedica ima pravo da, po svom nahođenju odbije da objavi ili ukloni bilo kakav Sadržaj. Šta više, InfoMedica takođe zadržava pravo da, u bilo kom momentu i po sopstvenom nahođenju, otkrije bilo koji Sadržaj iz bilo kog razloga, uključujući i sledeće (i) kako se ne bi kršio bilo koji zakon, podzakonski akt ili zahtev državne vlasti; (ii) kako bi se poštovali ovi OUK ili bilo koji drugi dogovor; (iii) kako bi zaštitio svoja zakonska prava i iskoristio pravna sredstva; (iv) u slučaju da su nečije zdravlje i bezbednost ugroženi; ili (v) kako bi se prijavilo krivično delo ili bilo koje druge nezakonite aktivnosti.
8.3 The User hereby confirms and accepts that he is fully and solely responsible for the Content. User will indemnify and hold InfoMedica harmless from all claims related to Content posted on the Sportico App.
9. MODIFICATIONS OF THE SPORTICO APPLICATION
9.1 InfoMedica reserves the right to modify, update or temporarily or permanently suspend or restrict access to certain features or parts of the Sportico application at any time, with or without notice to the User or third parties or liability to them.
9.2 The User also understands and accepts that any such change or improvement may alter the system specifications necessary to access and/or Sportico applications. In that case, only the User bears the responsibility for the acquisition of the necessary additional software and/or hardware.
9.3 All new features that augment or improve the current Sportico application including the implementation of new tools and resources are subject to the TOU.
9.4 InfoMedica may at any time modify or discontinue the Sportico application, or any part of the Sportico application, with or without any notice or liability to the User.
9.5 InfoMedica shall not be liable to the User or any third party for any modification, price change, suspension or termination of the Sportico Application Services.
10. CANCELLATION AND TERMINATION OF ORDERS
10.1 The User has the right to cancel his Account, at any time and for any reason or for no reason at all. The User is obliged to fulfill all possible obligations towards InfoMedica in accordance with these TOU before canceling the Order. The user will have the right to continue using the Sportico application, until the end of the period for which its use has been paid for.
10.2 InfoMedica may terminate the User’s Account with or without prior notice to the User and, at any time for any reason or for no reason at all, refuse any current or future ability to use the Sportico application.
10.3 Upon cancellation of the Order by either InfoMedic or the User,
– InfoMedica will stop providing the User with the Sportico application Services and the User will no longer be able to access the Account, except until the end of the paid use of the Sportico application (if the User so decides);
– Unless otherwise expressly stipulated in these TOU, the User is not entitled to any refund of Fees, that is, to any demands and claims against InfoMedica;
– All due amounts of Fees owed by the User to InfoMedica shall be considered due and payable in full;
10.5 The User will have the opportunity to reactivate his deactivated Account with the same access parameters within 90 (ninety) days from the day of deactivation.
10.6 InfoMedica will temporarily disable the User from using the Sportico application if the User has any due and unpaid obligations to the Sportico application or to the Seller.
11. OBLIGATIONS AND RESPONSIBILITIES OF THE USER
11.1 The User undertakes not to post, add, publish and transmit Content that: (i) infringes, misappropriates or abuses a patent, copyright, trademark, trade secret, real property right and other intellectual property of a third party or personal rights or rights to privacy; (ii) violates or encourages conduct that violates, applicable law or regulation or gives rise to civil or criminal liability; (iii) is fraudulent, untrue, false or misleading; (iv) promotes discrimination, bigotry, racism, hatred, harassment or abuse of individuals or groups; (v) is violent or threatening or promotes violence or activity against any person or entity; or (vi) promotes illegal or harmful activities or substances.
11.2 InfoMedica reserves the right to, at any time and without prior warning, terminate or disable access to Content and Accounts that it determines violate these TOU or valid RS regulations or are otherwise harmful to InfoMedica or the Seller, i.e. the Sportico application.
11.3 The User understands that InfoMedica uses third parties as suppliers and hosting partners to provide the necessary hardware, software, network, memory and other technology necessary for the operation of the Sportico application. In this sense, InfoMedica will not be responsible for non-functioning of the Sportico application, due to the actions and omissions of third parties.
11.4 The User understands that the technical processing and transmission via the Internet Service, including the Content, includes (a) transmission over different networks; and (b) changes to conform to and adapt to the technical characteristics of connected networks and devices.
11.5 The user has no right to upload, post, own and transmit unsolicited e-mails, SMS or “spam” messages, worms or viruses or any other destructive or destructive code, in connection with the use of the Sportico application.
11.6 The User is responsible for all activities and all Content including but not limited to images, photographs, written and graphic content, audio data, code, video data, and other data uploaded, collected, generated, stored, displayed, distributed, transferred in connection with the Account and the Sportico application.
11.7 When using the Sportico application, among other things, the following is expressly prohibited:
– Any activity that is harmful, prohibited by positive regulations, offensive, disturbing, hate-producing;
– Any activity that threatens or violates the personal rights of third parties, rights related to intellectual property, rights related to the protection of personal data;
– Unauthorized access to other people’s information and resources;
– Transmission of malicious or unauthorized software;
– Imitation or misrepresentation of the User in any way;
– Other activities prohibited in accordance with positive regulations of the Republic of Serbia.
11.8 Violation or violation of any provision of these TOU, as determined by InfoMedica in accordance with its discretionary assessment, enables InfoMecia to immediately terminate the contract with the User without any additional explanation, i.e. terminate the User’s Account.
12. DISCLAIMER OF WARRANTY
12.1 The user uses the Sportico applications at his own risk. The Sportico App is provided “as is” or “as available” without any warranties or representations, express or implied. InfoMedica disclaims all warranties, express or implied, to the fullest extent permitted by relevant applicable law and unless otherwise expressly agreed between InfoMedica and the User, which may relate to its products and services, including without limitation, implied warranties of title, non-infringement and respect of intellectual property rights of any kind, guarantees merchantability and fitness for a particular purpose, as well as any warranties that may arise from business or business practices, as well as any warranty as to the accuracy, reliability or quality of any content or information contained within the Internet Service.
12.2 InfoMedica does not guarantee that the operation of the Sportico application will be uninterrupted or error-free, that defects will be corrected or that there is no risk of viruses and other harmful components.
12.3 The user assumes all responsibility for selecting the Sportico application, accessing it, and using the Sportico application.
13. COMPENSATION OF DAMAGES
13.1 User agrees to defend, indemnify and hold InfoMedica, its directors, employees and agents harmless from any claims, liabilities, damages, losses and expenses of any kind including but not limited to reasonable attorneys’ fees arising out of or in connection with (i) by accessing, using or abusing the Sportico application; (ii) in violation of these TOU; or (iii) violation of the rights of any third party, including intellectual property rights, personal rights, confidentiality, ownership rights, by the User.
14. LIMITATION OF LIABILITY
14.1 The user expressly states that he understands and accepts that InfoMedica bears no responsibility for any direct, indirect, incidental, special, consequential and exemplary damages, including but not limited to damages resulting from loss of profit, business opportunity, use of data or other immaterial losses (even if he was informed of the possibility of such damages or should have known that such a possibility existed), arising from: (i) the use or inability to access and use the Sportico application; (ii) unauthorized access or alteration of transmission or data of the User; (iii) statements or actions of any third party regarding the Sportico Application; (iv) or any other matter relating to the Sportico application, and its use.
14.2 InfoMedica will not be responsible for: incorrect, irregular and/or imprecise information placement during registration, human errors, technical errors, defects, including public suspensions of telephone and Internet services, omissions, interruptions, disruptions, deletions or defects of the telephone or network system, computer online systems, data, computer equipment, servers, providers, or software (including but not limited to operating systems that do not allow the user to access the Sportico application), including without limitation any injury or damage caused to the computer system of the user or any third party persons connected to or resulting from participation in the Content; inability to access the Sportico application or any page linked to or part of the Sportico application, theft, tampering, destruction,
14.3 InfoMedica does not warrant that the Sportico application or any content on the Sportico application will be uninterrupted, continuously available or error-free, that defects will be corrected or that the Sportico application and the servers through which the application is made available are free of viruses or other harmful components .
14.4 The Sportico application works from 00:00 to 24:00, 7 days a week. In case of technical problems or during regular maintenance of the Sportico application, the period of time may be shorter. InfoMedica is not responsible for possible temporary unavailability, nor for partial or complete non-functioning or incorrect functioning of the same. InfoMedica is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the system clock.
14.5 Links contained in the Sportico application that lead to independent websites are displayed solely for the convenience of the User. InfoMedica does not control the content of these sites and is not responsible for any of these sites or their contents. Therefore, InfoMedica is not their representative, makes no guarantees, and assumes no liability in connection with these sites or any information or other products that may be found there or with the results resulting from their use. If the User decides to access one of the sites to which links from the Sportico application lead, he does so at his own risk.
14.6 The Sportico application publishes its contents in good faith. All content within the Sportico application is used by the User at his own risk and InfoMedica cannot be held responsible for any damage caused by their use. The Sportico application contains the User’s own content, the content of other users of the Sportico application and links to external pages. InfoMedica has no control over the said data and information or other Internet pages and fully disclaims any responsibility related to the content on Internet pages created by third parties. InfoMedica is not responsible for the content of data created by users, nor for any damage caused by the use of such data. InfoMedica shall not be liable for incomplete, inaccurate, illegitimate, intentionally misrepresented or stolen data entries.
14.7 The Sportico application is primarily adapted to users from the territory of Serbia. InfoMedica in no way declares that the services on this site are suitable or available for use outside of Serbia, and access from areas where their content is illegal is prohibited. No use of the services on this site or any copying or adaptation in violation of applicable laws or regulations including, without limitation, export laws and regulations of Serbia is permitted. If the User decides to access this site from outside Serbia, it does so on its own initiative and is considered responsible for compliance with applicable local laws. These Terms and Conditions are interpreted in accordance with the laws of the Republic of Serbia and the principles of conflict resolution shall not apply.
15. AMENDMENTS TO AGREEMENT
15.1 InfoMedica reserves the right, at its own discretion, to revise, update, amend, modify, supplement or delete certain conditions in the TOU. If InfoMedica changes the TOU, it is obliged to publish the change within the Sportico application and/or inform the User about it via e-mail.
15.2 If some of the changes to these TOU become unacceptable for the User or because of them the User is no longer in agreement and in accordance with these TOU, the User is obliged to terminate, i.e. deactivate, his Account and immediately stop using the Sportico application. If the User continues to use the Sportico application, even after the changes to these TOU, without deactivating his Account, the User will be deemed to have fully and irrevocably agreed to all the changes.
16. OTHER PROVISIONS
16.1 These TOU constitute an agreement on the use of the Sportico application between InfoMedica and the User, and the User agrees to the same by registering an Account on the Sportico application.
16.2 InfoMedica shall not be liable for any delay or failure to perform due to circumstances beyond its control, including any failure to perform due to unforeseen circumstances, causes beyond its control such as force majeure, war, terrorism, rebellion, embargo, civil and military actions, fires, floods, accidents, strikes, shortages of transport facilities, fuel, energy, manpower and materials.
16.3 The Sportico application is operated by InfoMedica in the Republic of Serbia. Users who choose to access the Sportico application from locations outside the Republic of Serbia do so at their own initiative and risk, and are responsible for compliance with relevant local laws.
16.4 If for any reason any provision of these TOU is held to be invalid or unenforceable, it will be modified to the extent necessary to make it enforceable, and the remainder of these TOU will remain in effect. If, however, it is determined that such a provision cannot be modified, it will be considered severable from the other terms and conditions and will have no effect on the validity and enforceability of the other provisions.
16.5 Any disputes related to the application of these TOU, InfoMedica and the User will try to resolve amicably. In the event that a peaceful solution is not possible, InfoMedica and the User agree to resolve any dispute before the competent court in the Republic of Serbia in terms of the relevant regulations.
16.6 These GTC are drawn up in the Serbian language and will be interpreted in accordance with the law of the Republic of Serbia. The relevant provisions of Serbian law will apply to everything that is not regulated by this TOU.
16.7 By registering an Account, the User agrees and fully agrees to the provisions of these TOU in full.
CONSENT
THE USER HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTAND ALL OF THE ABOVE-MENTIONED TERMS AND CONDITIONS OF THESE GENERAL TERMS OF USE AND THAT BY SELECTING THE “I ACCEPT” BUTTON BELOW AND/OR BY USING THE SPORTICO APPLICATION, THE TERMS OF THESE TOU BECOME BINDING ON THEM