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Terms of Use

Updated: December 7, 2020

EKWB d.o.o. ("EKWB ") provides its services through www.ekwb.com and any other website for which EKWB owns the domain registration (the "Site"), its proprietary platform, and the services EKWB makes available therein, including the EKWB Network, mobile applications and data connectivity and storage services allowing you to use our software running on a supported platform that allows you to access the EKWB services (collectively, the "Service") through registered access to your Account. Your use or the Site or Service is governed by this agreement (“Terms of Use”).

EKWB is not responsible if information on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.

 

ACCEPTANCE OF THE TOU

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity

Various areas of the Service may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and Product-Specific Terms, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

These TOU comprise also: Privacy policy, Cookie Policy, Terms of sale, End User License Agreement, and any other related policies, agreements, or documents.

 

USING OUR SERVICES

You have the option of creating a password accessible Account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. You must ensure that your Account information remains up to date, complete, and accurate. When you use our Service, you warrant that you are at least sixteen (16) years old and that you are able to form legally binding contracts. EWKB does not provide Services to those younger than sixteen (16) years old.

 

ELECTRONIC COMMUNICATIONS

When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that EKWB provides to you electronically satisfy any legal requirement that such communications be in writing.

 

COMMUNICATION SERVICE

EKWB Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).

You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e­mail addresses, without their consent; or violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

LIMITATION OF LIABILITY

EKWB, its affiliates, its licensors, or other authorized partners are not responsible for any modification or damage to, or loss of, any programs, data, or other information stored by EKWB and its partners or stored or hosted by EKWB in connection with a Service EKWB provides.

EKWB SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING.

EKWB 'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TOU. FURTHER, NEITHER EKWB NOR ITS EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED.

WE BOTH AGREE THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY.

The Services’ software (“Software”) is made available "as is”. EKWB makes no warranties, conditions, or accompanying documentation as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

EKWB PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF:

(I)      USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TOU OR ITS PURPOSE;

(II)     MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN EKWB UNLESS EKWB AUTHORISED SUCH MODIFICATION;

(III)     DAMAGES DUE TO IMPROPER OR CARELESS USE; and

(IV)    USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/AND HARDWARE NOT AUTHORISED OR FORBIDDEN BY EKWB.

EKWB PROVIDES NO WARRANTY THAT:

(I)      OPERATION OF SOFTWARE WILL BE UNINTERRUPTED;

(II)     OPERATION OF SOFTWARE WILL BE ERROR-FREE;

(III)     THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET ALL REQUIREMENTS;

(IV)    SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FIRMWARE AUTHORISED BY EKWB.

EKWB shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges, or expenses however arising under this TOU; and

EKWB’s total aggregate liability in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount paid for the Service during the twelve [12] months immediately preceding the date on which the claim arose.

 

THIRD-PARTY CONTENT

Certain content, products and services available via EKWB Service may include materials from third-parties (“Linked Sites”). Linked Sites may direct you to third-party websites that are not affiliated with EKWB. EKWB is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Linked Sites are not under the control of EKWB, EKWB provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with EKWB.

 

NOTICE REGARDING EKWB SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY

Your use of EKWB Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. EKWB IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITIES OR LOSS OF DATA DUE TO POOR, NONE, OR EXTENSIVE LACK OF COVERAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EKWB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.

 

LICENSE AND INTELLECTUAL PROPERTY

You agree that EKWB owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You cannot let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. EKWB reserves all rights in web pages and Services not specifically granted to you under these Terms.

EKWB grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by EKWB or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EKWB without its express written consent. You may not use any meta tags or any other “hidden text” utilizing EKWB name or trademarks without the its written consent.

 

EXPORT CONTROL

EKWB Service thereof supplied by EKWB under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer, and use of EKWB Service and will obtain all required Slovenian and other local authorizations, permits, or licenses. EKWB and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export EKWB Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom EKWB is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any EKWB Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold EKWB harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

You also represent and warrant that your officers, employees, and agents shall comply with the anti-corruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

 

SEVERABILITY

In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this TOU.

These TOU are effective unless and until terminated by either you or EKWB. You may terminate these TOU at any time by notifying us that you no longer wish to use EKWB 'S Services, or when you cease using EKWB 'S sites.

If in EKWB'S sole judgment you fail, or EKWB suspects that you have failed, to comply with any term or provision of these TOU, EKWB also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

These TOU and any related Terms and policies operating rules posted by EKWB on this site or in respect to The Service constitutes the entire agreement and understanding between you and EKWB and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).

Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.

 

GOVERNING LAW

These TOU and any related Terms and policies as well as separate agreements whereby EKWB provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Ljubljana.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the TOU at any time at this page. Version of Terms of Service that is published on website is valid.

 

CONFLICT MINERALS DECLARATION: PDF - Conflict Minerals Policy Statement

EKWB reserves the right, at its sole discretion, to update, change or replace any part of these TOU by posting updates and changes to EKWB 'S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to EKWB website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.