JELLYRIDE TERMS OF SERVICE - BUSINESS USERS
Effective date: March 30, 2022 (Croatia, EU)
We welcome you to use the services of JellyRide. JellyRide is the owner and operator of the JellyRide platform – a complete digital solution that allows end users to access content through JellyRide mobile and web clients and allows tour agencies and tour guides to create their own content and manage it through web access (web management control panel). The web platform enables monitoring of the entire process of implementation of tourist content from the moment of its digital creation, presentation, and distribution to users until the implementation itself on the ground. The JellyRide Platform consists of the mobile application, the web application, the associated back-end infrastructure, and the website hosted on the JellyRide.com website, all of which together constitute the JellyRide Service (collectively, the “Service“).
Your use of the Service is governed by these Terms of Service. Any time you use the Service in any way, you agree to be bound by these Terms of Service. If you don’t agree to these Terms of Service, do not use the Service.
We also reserve the right to make any changes to the Service in any manner and to deny or terminate your access to the Services, even if you have an Account, in our sole discretion.
If you are under 13 years old, you may not use the Service. When you use the Service, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to us when using the Service is accurate, truthful, and current. You also represent that your use of the Service does not violate any applicable law or regulation.
2. Registration & Account
Certain of the Service or portions of the Website may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account as an organization, that organization may have administrator rights to access your account and any information provided under your Account. The organization has the right to add new and delete users.
(i) Registration and user account
In order to use the Services, it is necessary to register an account (“Account”), which makes you a “Registered User”. As part of the account opening process, you are required to provide a username and password unique to the user account (“Login Data”), as well as other necessary data in accordance with the application form. You are responsible for the confidentiality and use of your login information and agree not to transfer or disclose your login information to any third party except to an individual expressly authorized to act on your behalf. If you suspect any unauthorized use of your account, you agree to notify us immediately. You are solely responsible for all activities that take place under your account.
You have to initially register as an Organization. You have the right to add an unlimited number of users to the JellyRide system who are authorized to work in the JellyRide system on behalf of your Organization.
You are responsible for the actions and entered content of users to whom you have granted authorization to work in the JellyRide system.
3. Location-based Services
4. Third Parties
The Service may contain links to websites and content owned and/or operated by third parties. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials, or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.
5. User Submissions
In certain instances, your User Submissions may include trip itinerary information, and we may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, we will seek your permission.
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. We do not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Service, you may be exposed to material from others that you find objectionable. You acknowledge and agree that we shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Service.
6. User Conduct
By continuing to use the Service, you agree not to engage in any of the following prohibited uses (“Prohibited Use(s)”). You acknowledge and agree that if it is determined, in our sole discretion, that you have engaged in any Prohibited Use, we may immediately terminate your access to the Service, with no possibility of appeal.
You agree that you will not:
• Promote or conduct any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
• Upload or otherwise disclose any Personal Information belonging to or about a third party except as required by the Services;
• Use data mining robots, scraping, or similar data gathering and extraction methods to infringe on our intellectual property and other valid commercial rights;
• Use any means to attempt to or procure the personal information of any other individual, including other users, that may be used to identify or contact such individual without their explicit consent;
• Attempt to or impersonate any individual, even for benign reasons, during the creation of your Account or your use of the Services;
• Use Service in any manner that infringes any intellectual property rights or other rights of any party;
• Transmit unsolicited or bulk communications to any JellyRide affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Service;
• Disrupt, interfere with or inhibit any other user from using and enjoying the Service;
• Access or use the Service in any manner that could damage, disable, overburden or impair any JellyRide server or the network(s) connected to any JellyRide server;
• Violate any applicable laws or regulations related to the access to or use of the Service or engage in any activity prohibited by these Terms of Service;
• Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
• Violate our rights or the rights of any third party (including rights of privacy) or abuse, defame, harass, stalk or threaten another; or
• Use any JellyRide domain name as a pseudonymous return e-mail address.
You agree that we have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Service, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other of our offerings, and (ii) disclose such data solely in aggregate or another de-identified form in connection with our business.
8. Subscription Service
We may require the Service to be paid for on a recurring basis (“Subscription Service”). We have the right to change, delete, discontinue or impose conditions on Subscription Service. Subscription Service may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as displayed on the Service at the time of sign-up and set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”).
Subscription fees are paid according to the issued invoice, and can be paid through Internet banking or in another permitted way.
The Subscription Service agreement shall be concluded for an indefinite term. You may cancel the subscription service at any time by sending a cancellation statement to the e-mail: firstname.lastname@example.org.
Subscription fees will be charged on the 1st of every month until canceled.
If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your current billing period (for the current month), but you will not be entitled to a refund for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
Some of the Services may have certain usage limits (“Usage Limits”) associated with the use of the service following the rules of fair use. You acknowledge and agree that we may use technical or other measures to enforce the usage limits.
9. Quality, Accuracy, and Completeness
The Service may occasionally contain information found to be inaccurate, incomplete or out of date. JellyRide makes no representations as to the completeness or accuracy of the Service and other information, advice or recommendations made available on this Service, nor does it make any representations or warranties as to the quality or safety of any Service or other third-party products or services offered or made available via the Service. All features, content, specifications, and prices of the Service described or depicted on this Service are subject to change.
10. Intellectual Property Rights
Except as expressly provided herein, the Service, as well as their selection and arrangement, are protected by copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and this Terms. JellyRide grants the user the right to use the Service in accordance with these Terms. You agree not to copy, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Service, any portions thereof, or the selection and/or arrangement of the Service. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service, or to otherwise take any action that may infringe on our Intellectual Property Rights.
The trademarks, logos, and URLs (collectively, the “Marks”) displayed on this Service are the property of us, our licensors, or other third parties. You are not permitted to use the Marks without the prior written consent of us, our licensors, or such third party that may own the Marks.
11. Copyright Infringement
We respect the intellectual property rights of others. If you believe that your work has been improperly copied and posted on the Service, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Service the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email: email@example.com.
12. Warranty Disclaimer
You agree that the Service is available on an “as is” basis, without any warranty, and that you use the Service at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Service, (d) warranties relating to the accuracy or correctness of data on the Service, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.
We do not warrant that the Service will operate error-free or that the Service is free of computer viruses and/or other harmful materials. If your use of the Service results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.
You acknowledge and agree that (a) we do not control, endorse, or accept responsibility for any products, materials, or services offered by third parties; (b) we make no representations or warranties about such third parties, their products, materials, or services; (c) any dealings you may have with such third parties are at your own risk.
We expressly disclaim any and all liability with respect to any damages, personal injury, or other harm that may be caused by your reliance on any suggestions, recommendations, or other information provided on the Service.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES THAT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE.
You agree to indemnify and hold JellyRide (and our subsidiaries, affiliates, partners, officers, directors, employees, and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
15. Entire Agreement
JellyRide and the user enter into an agreement consisting of the following components:
– Special written Agreement (if applicable),
– Terms of Service.
The agreement is concluded at the moment JellyRide receives the User’s notification about the User’s acceptance of the Offer.
16. Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
17. Governing Law and Resolution of Disputes
The laws of the Republic of Croatia (EU), without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action, or dispute arising out of or relating to these Terms will be brought solely in the courts of Zagreb, Croatia. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to the inconvenient forum.
Given that there are Terms of Service (JellyRide Business) in English and Croatian, in case of doubt regarding the interpretation of certain provisions, it is considered that the Terms of Service in the Croatian language are valid.
You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
We reserve the right to discontinue offering the Service or any part thereof or to suspend, remove, modify or disable access to the Service at any time at our sole discretion and without notice. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any event and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, JellyRide shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation.
20. SUPPORT COVERAGE
Support Contact: firstname.lastname@example.org
Support Hours – Monday – Friday 08.00 hours to 18.00 hours (CET)
The Service is operated and provided by JellyRide. If you have any questions about these Terms, please contact us at email@example.com.