CroMall.eu is a web platform, accessible at the following address www.cromall.eu (the “Website“) operated by the Center for Social Innovation and Sustainable Development, whose headquarters are located at Ante Jakšića 10, 10 Zagreb, Croatia. Said platform is dedicated to facilitate partnerships between Suppliers (as that term is defined in Article 1.1) and Buyers (as that term is defined in Article 1.1) who wish to acquire the Products (as that term is defined in Article 1.1) offered by Suppliers in their Catalog (as that term is defined in Article 1.1).

The purpose of these Terms of Use (the “Terms” or taken together, the “Agreement“) is to define the terms and conditions governing the relationship between the Users (as that term is defined in Article 1.1) and CroMall.eu. These Terms constitute a contractual agreement for an indefinite period as of acceptance by the User of this Agreement.

By visiting the Website, the User acknowledges having read the Terms and agrees to be bound by these provisions. If the User accesses the Website on behalf of a company or other legal entity, it is nevertheless personally bound by this Agreement.

Article 1 – Website Registration

1.1 Main terms definition

Unless they are defined in other sections of this Agreement, the terms and expressions beginning with a capital letter used below have the following meanings:

- “Buyer(s)” means any User wishing to be connected with a Supplier;

- “Buying Request(s)” means any service being subject to the initiative of a Buyer of advertising on the Website under the conditions of these Terms of Use and which this Buyer would entrust its execution to a Supplier;

- “Catalog” means the web page containing all the Products offered by a Supplier on the Website;

- “Supplier(s)” means any User offering Products on the Website;

- “Product(s)” means any product or service included in any project proposed by a Supplier on the Website; and

- “User” means any User visiting the Website.

1.2 Eligibility to the service

To be eligible to the service, the User may be an individual or a corporate body. If the User is an individual, he must have reached the age of 18 years and have full legal capacity. Assuming the User is a minor, he must have the prior approval of his legal representatives in accordance with legal and regulatory provisions.

By exception, to the preceding paragraph to register as Supplier on the Website, the User must be a registered professional as such in the register of commerce and companies.

1.3 Account creation

Creating a member account on the Website is as appropriate a prerequisite for use of the services of the Website. It requires to complete the registration form available on the Website, providing accurate, current and complete information. This information will have to be, thereafter, the subject of regular updates by the User in order to preserve their accuracy.

Users expressly agree, unless otherwise stated, that all information contained in their member account profiles can be freely accessed by any User.

The access codes to the User account is strictly confidential. In case of unauthorized use of his account or any other breach of confidentiality and security of his identification, the User shall, without delay, inform CroMall.eu.

Each User agrees to only create one account corresponding to his profile.

Article 2 – Services

Access and consultation of online Products on the Website are opened to any User of the Website.

As for a proper use of the Website, Users agree not to enter into negotiations with Suppliers without real intention to acquire a Product.

The Buyer having a member account on the Website will be able to use internal messaging available on the Website. He will also be able to publish anonymously or not, a rating and / or a review of a Supplier and / or a Product. It is stated that CroMall.eu reserves the right to publish or not to publish or delete all or part of a review, a rating or a comment from a User on the Website.

The Supplier having a member account will be able to open own e-commerce and self-edit.

Article 3 – Use of the Services of the Website

3.1 Access rights to the Website

Any use of the Website contrary to its purpose is strictly prohibited and constitutes a breach of these clauses.

All hardware and software required to access the Website and use the services are borne by the sole User.

CroMall.eu reserves the right in particular to suspend or deny access to one or more Users to the Website.

3.2 Users obligations

Users are prohibited from:

  1. transmit, publish, distribute, save or destroy any material, especially content of the Website, in violation of laws or regulations concerning the collection, processing or transfer of personal information;

  2. disseminate data, information, or content that is defamatory, libelous, obscene, offensive, violent or inciting violence, or political, racist or xenophobic character and generally any content that is contrary to the laws and regulations force or morality;

  3. listing or linking to any content or information provided from the Websites of CroMall.eu, unless express written agreement of CroMall.eu;

  4. sell, exchange or make money out of the information, content or data available on the Website or Service offered through the Website without the express written consent of CroMall.eu;

  5. practice of reverse engineering, decompile, disassemble, decrypt, or otherwise attempt to obtain the source code related to any intellectual property underlying used to provide all or part of the services;

  6. using software or manual or automatic devices, coding robots or other means to access, explore, extract and index any page of the Website;

  7. endanger or attempt to endanger the security of Website. This includes attempts to control, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;

  8. counterfeiting or use the products, logos, trademarks or any other material protected by intellectual property rights of CroMall.eu;

  9. simulate the appearance or function of the Website, by example by mirror effect;

  10. disrupt or disturb directly or indirectly the CroMall.eu platform or impose an unreasonable or disproportionately large load on the Website infrastructure or attempt to transmit or activate computer virus on or via the Website.

It must be noted that the violations of the security of the system or network can lead to civil and criminal prosecution. CroMall.eu checks for such a violation and can call on the judicial authorities to prosecute, where appropriate, Users involved in such violations.

Users agree to use the Website in a fair manner, in accordance with its professional purpose and with the legal and regulatory requirements, and with these Terms and to the practices being in use.

Article 4 – Use of Website’s content

The entire content of the Website, including designs, text, graphics, images, video, information, logos, button icons, software, audio files and other belong to CroMall.eu, which is the sole owner of all related rights of intellectual property rights.

Any representation and / or reproduction and / or partial or total use of content and services offered by CroMall.eu, by any means, without the prior written permission of CroMall.eu is strictly prohibited and would be likely to give rise to prosecution.

Article 5 – User Privacy

All personal data available to CroMall.eu are collected legally and fairly.

This data is provided by Users who accept voluntary and expressly the present Terms authorizing CroMall.eu to process, disclose or transfer such data to any third party.

To facilitate the use of the Website and customize the experience of the Website by the User, CroMall.eu uses cookies and log files. The use of cookies can be disabled by changing the settings of the web browser.

The personal data is stored by CroMall.eu on its servers for their treatment, as part of the use of the services. They are kept as long as necessary for the provision of the services and features offered by the Website.

The User still retains ownership of his information he sends to CroMall.eu. He has a right of access, rectification and deletion of his personal data and the right to oppose the disclosure of such data to third parties for valid reasons.

The User may exercise his rights by writing to the following address: cromall.eu@gmail.com.

A response to the User’s request will be sent within reasonable period of time.

Article 6 – Liability

6.1 Use of the Website

The role of CroMall.eu is limited to the provision of services to Users.

The User is sole responsible for the consequences of use of the Website.

The User is obliged to ensure that his use of the Website complies with the legal provisions, regulations and the terms of the Website. CroMall.eu gives no warranty to the User on the compliance of the use of the Website, that he is doing or planning to do, with the national or international legal and regulatory provisions.

The User is informed of the technical hazards and access interruptions that may occur on the Website. Consequently, CroMall.eu can not be held responsible for delays or unavailability of the services.

All information, advice and guides and any other data posted on the Website are not intended to constitute advice on the basis of which a decision could be taken by the User.

The User must not in any case take for granted such information and data from the Website but will independently verify by himself all this information and data, including the veracity and accuracy of the information contained in the profile of Users. CroMall.eu disclaims any responsibility for the faith placed by any User of the Website in data and information, or by anyone who may be informed of these data and information.

6.2 Conditions of connecting

CroMall.eu only provides a mission of connecting Suppliers with Buyers. CroMall.eu does not guarantee the reliability and seriousness of Suppliers and Buyers.

As a result, Users are required to organize between them the legal and financial terms of their relations they will be solely responsible. They will have to ensure compliance with legal and regulatory conditions. In addition, CroMall.eu shall be in no case liable including:

1. the consequences of virtual or real meetings between Users following use of the Website;

2. terms of delivery and quality of Products;

3. failure by the Supplier or the Buyer of its legal obligations, regulatory or contractual;

4. damage of any kind incurred by the Buyer or any third party following the acquisition of Products; and

5. for any harm resulting from a fault of the User or an event caused by a third party.

For all services offered on the Website, CroMall.eu can in no way have the role of seller, knowing that the role of CroMall.eu is limited to facilitate meetings between Suppliers and Buyers. More generally, CroMall.eu remains third party to the acts concluded by the Users through the Website, and would not be responsible for the consequences of such acts in any way whatsoever.

In the rare event that a User would not be in the position to hold his obligations, the latter undertakes to take all necessary measures so that the image of CroMall.eu will not be degraded, if not CroMall.eu reserves the right to institute any action against this User in particular to preserve its commercial image.

6.3 Data

CroMall.eu has no obligation to monitor data and content provided by Users or any obligation to delete content that would appear not manifestly unlawful, notwithstanding his description. CroMall.eu does not guarantee the veracity and accuracy of this content.

The User agrees not to enter a content likely to prejudice public order or morality, causing protests from third party or contravene the legal provisions in force.

Accordingly, it is expressly agreed that if CroMall.eu would be implicated in any capacity whatsoever, in any country whatsoever, by a third party on the basis of a particular law of industrial and / or intellectual property related to an element provided by a User, the User agrees to fully ensure CroMall.eu direct and / or indirect economic and financial consequences (including procedure and legal expenses) arising from these claims.

It must be noted that the data published by the Users and the information shared by them can be captured and used by other Users or third parties. In this sense, CroMall.eu does not guarantee respect for the property of these data, it falls to the User to take all necessary measures so that the property of his data is preserved.

The User must ensure that the data is sent to the Website and can not blame CroMall.eu on any basis and for any purpose whatsoever the non-receipt or loss of transmitted data. The User then ensure to keep a backup of the data transmitted. In addition, once the member account of the User is closed, the User is informed by these terms that the data transmitted as well as all of the data generated will be destroyed by CroMall.eu.

6.4 General provisions

In any event, CroMall.eu shall in no event be liable for losses or indirect or unpredictable damage to Users or third parties, which includes in particular lost profits, errors or corrupt files or data, or loss of opportunity for any reason and on any grounds whatsoever to this Agreement.

CroMall.eu could not be responsible for the delay or non-performance of this Agreement justified, as defined by the jurisprudence of Croatian courts and tribunals.

Article 7- Proof convention

Computer systems and computer files are authentic in relations between CroMall.eu and the User.

Thus, CroMall.eu could validly produce in any proceeding, as evidence data, files, programs, recordings or other items received, sent or stored by means of computer systems operated by CroMall.eu on all digital media or analog, and invoke them unless obvious mistake.

Article 8- Indivisibility

The fact that any of the provisions of the Agreement is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the remaining provisions of the Agreement.

Article 9 – Legal disputes

The conclusion, interpretation and validity of this Agreement shall be governed by Croatian law, whatever the country of origin of the User or the country from which the User accesses the CroMall.eu platform.

In the event that these terms would be translated into one or more foreign languages, only the English text would prevail in case of dispute.

Any dispute concerning the validity, performance or interpretation of this Agreement which would be brought in front of the civil courts will be subject to the exclusive jurisdiction of Croatian courts to which is expressly confered jurisdiction, even in case of summary judgment or multiple defendants.

The User is informed that he can in any case use a conventional mediation or any alternative dispute resolution (eg conciliation) in case of dispute.

Last update: July 1, 2017