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Terms of Use

Terms of Use for Users

Terms of Use for users of MediaMend d.o.o. for the internet offer www.HolidayClinics.com.

Last Updated: August 2018

 

Preamble

HolidayClinics.com offers all internet users the possibility to retrieve the contents of the online offers free of charge and without any obligations. For the provision of free services to users, only the Terms of Use apply. These can be found athttps://holidayclinics.com/terms-of-use/.

 

Introduction

Welcome to an online directory of medical offers, where you can find and compare prices and also providers of healthcare, aesthetic and holistic services, and other services provided by parties listed on the website https://holidayclinics.com (these services are referred to in these Terms of Use as “Services” and the providers of the Services (including all individual medical practitioners, hospitals and clinics and) are referred to as “Providers” and/or “Clinics”). It gives you the opportunity to search for, find and contact medical services provided by Clinics and Providers in the region. The HolidayClinics.com and the facilities, services and materials available thereon is owned and operated by MediaMend d.o.o. as HolidayClinics.com (“https://holidayclinics.com/”) an Croatian registered company. For the purpose of these Terms of Use “we”, “our” and “us” refers to HolidayClinics.com.

 

Important Notice

HolidayClinics.com is not involved in the provision of any healthcare or medical advice or diagnosis. Any information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice. The website is a service that displays information on Providers and/or Clinics that has been gathered from the Providers and/or Clinics or the Internet. We do not screen or validate any content posted by Providers and/or Clinics, nor do we endorse any particular Provider and/or Clinic. If you decide to engage a Clinic or Provider to provide Services to you, you do so at your own risk. In this regard you should note that certain Providers and/or Clinics listed on this Website are located in jurisdictions where insurance is not available or mandatory in respect of the medical services they offer. We would recommend that you undertake your own research into any Provider and/or Clinic listed on the Website and that you should consult with your doctor or primary healthcare provider before engaging any Provider and/or Clinic from this Website. You should be aware that the results of any search you perform on the website for Provider and/or Clinic should not be construed as endorsement by HolidayClinics.com of any particular Provider and/or Clinic or constituting any comparative ranking of any Provider and/or Clinic.

 

 

1. Validity

  1. These Terms of Use apply in the current version when the usage is carried out.
  2. HolidayClinics.com may modify or terminate any services offered through this website from time to time, for any reason and without notice, and without liability to you, any other client or any third party. HolidayClinics.com reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this website, including these Terms of Use at its sole discretion from time to time. You should check these Terms of Use for any changes each time you access www.HolidayClinics.com. Your continued use of the website and/or clicking and approving the checkbox ” I have read & accepted Terms of Use & Privacy Policy will signify your acceptance of revised terms of use.

 

2. Services We Do Not Provide

  1. HolidayClinics.com is not a medical referral service and does not endorse, recommend, or preffer any Provider and/or Clinic listed on the website. We are not medical professionals nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients (defined below) or Providers and/or Clinics.
  2. HolidayClinics.com is not involved in any transaction between you and Provider and/or Clinic who use this Website. The responsibility for managing appointments and delivering the relevant services will be solely that of the relevant Clinic and/or Provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of any Clinic and/or Provider to fulfil their obligations in any transactions.
  3. As we cannot control the information provided by any Clinic and/or Provider or information sourced by HolidayClinics.com from the Internet that is made available through this Website, HolidayClinics.com does not guarantee or endorse the authenticity, quality, safety or legality of any Clinic and/or Provider or the services provided or purported to be provided by any Clinic and/or Provider, the accuracy of any listings or any Clinic and/or Provider data we may provide to you, or the ability of any Clinics and/or Providers to complete a transaction.

 

3. Services We Do Provide

  1. HolidayClinics.com is a website for individuals seeking to access medical services (“Clients,” “Your” or “You”) and Clinics and/or Providers situated in the region who want to provide Services. HolidayClinics.com facilitates access of users to the list and offers of the Clinics and/or Providers through its’ website. HolidayClinics.com also facilitates.HolidayClinics.com is not a provider of Services, and has no responsibility for managing appointments and/or delivering the Services.
  2. HolidayClinics.com gathers information from various European Clinics and/or Providers about their facilities and services as well as from a large number of publicly available websites. You can access this information via our website. This information should assist you in making a decision on choosing your preferred Clinic and/or Provider by conducting your own research into such Clinics and/or Providers. If you choose a Clinic and/or Provider to provide its Services, then we will facilitate contact between you and the Clinic and/or Provider, by providing your information to the Clinic and/or Provider (the “Website Service”). We not store any of the transmitted data.
  3. You may simply wish to browse through the website to see what HolidayClinics.com has to offer. If this is the case, then only some of the provisions of these Terms of Use will be applicable to your use of the website and other provisions will not be relevant.

 

4. Provision of Information

  1. HolidayClinics.com makes every effort to ensure the proper functioning of the website, but is not responsible for the uninterrupted usability or availability of the offers and is not liable in particular for technical delays, interruptions or breakdowns.
  2. If you wish to arrange a consultation with a Clinic and/or Provider, then you will be asked to provide certain information including details such as your contact details (phone number and email address), age and gender and some medical information, that is important for appointment or brief information about your further consultation. You allow us to present your data to Clinics and/or Providers who may be interested in providing Services to you. You warrant and undertake that the information provided by you is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any third party’s rights, and is sufficient for us to facilitate the website Services. Although HolidayClinics.com endeavours at all times to respect your privacy, you should not provide any information that may cause you personal damage if made public.
  3. Information sent over the Internet cannot be guaranteed to be completely secure as it is subject to possible interception, loss or alteration. You understand and agree to assume the security risk for any information you provide using the website. We are not responsible for any information sent over the Internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a Clinic and/or Provider, or any information sent by us, a Clinic and/or Provider or any third party to you over the internet.

 

5. Use of website

  1. You agree not to use this website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use including but not limited to:
    (a). Any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
    (b). Any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
    (c). Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this website, or otherwise using such content of the website for resale, redistribution or for any other commercial use whatsoever including but not limited to any other website, surveys, contests or pyramid schemes.
    (d). Accessing or using the website in and from jurisdictions which restricts or prohibits same by local law;
    (e). Accessing or using the website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the website or interfere with any other party’s use and/or enjoyment of the website;
    (f). Posting or transmitting, whether on a bulletin board, forum or otherwise, to or from the website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
    (g). Transmitting material which may cause harm to HolidayClinics.com’s or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Website;
    (h). Harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
    (i). Accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
    (j). Attempting to gain unauthorised access to the website, or any computer systems or networks connected to any HolidayClinics.com website, through hacking, password miming or any other means; or
    (k). Harvesting or otherwise collecting by any means any programme material or information (including without limitation email address or details of other users) from the website or monitoring, mirroring or copying any content of the website without the prior written consent of HolidayClinics.com.
  2. The pages contained in this website may contain technical inaccuracies and typographical errors. The information on this website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date, nor any liability for any failure to do so.


6.
Age and Responsibility

You should note that the website Service is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of eighteen, you should not access and/or use this website or the website Services. By accessing and using this website, you warrant that you are over the age of eighteen.

 

7. Content Policy

HolidayClinics.com acts as a passive conduit for the online distribution and publication of information submitted through the website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by Clinics and/or Providers.

 

8. Own Content

HolidayClinics.com is a service provider and responsible for its own content that can be accessed within the scope of the offer, in accordance with the general laws. HolidayClinics.com has created this content to the best of its knowledge, but does not warrant its accuracy, completeness or up-to-dateness nor its legality.

 

9. Foreign Content

According to the statutory provisions, HolidayClinics.com is not obligated and is not in a position to comprehensively examine and/or monitor the legality of the content uploaded or published by third parties and to investigate circumstances that are related to unlawful activity point out. This also applies to hyperlinks. HolidayClinics.com does not adopt these contents as its own.

 

10 . Availability

  1. Although HolidayClinics.com endeavours to ensure the website is available at all times, there may be occasions when access to the website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that HolidayClinics.com shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the website.
  2. You have sole responsibility for adequate protection and back-up of any content and data you submit to the website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

 

11. Knowledge of Violations

If HolidayClinics.com is notified of any breaches of the law and/or violations of law, the relevant content will be removed immediately, subject to extensive review. For this purpose, HolidayClinics.com reserves the right to block and/or permanently remove contents made accessible by third parties, including links. HolidayClinics.com is liable for third-party content at the earliest from the moment of acquiring a concrete infringement. In appropriate cases, HolidayClinics.com provides a function by means of which alleged infringements can be reported.

12. Links

HolidayClinics.com has no influence on the design and/or content of linked external Internet offers and is neither obliged nor able to control them on an ongoing basis.

 

13. Links to Third Party Websites

This website contains links to third party websites. Your use of third party websites is subject to the terms and of use contained within each of those websites. Access to any other website through this website is at your own risk. HolidayClinics.com is not responsible for, nor liable for, the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. HolidayClinics.com reserves the right to terminate a link to a third party website at any time. The fact that HolidayClinics.com provides a link to a third party website does not mean that HolidayClinics.com endorses, authorises or sponsors that website, nor does it mean that HolidayClinics.com is affiliated with the third party websites, owners or sponsors. HolidayClinics.com provides these links merely as a convenience for those who use this website.

 

14. Copyright

The contents published in the context of the offer (in particular texts and images) are protected by copyright. Reproduction or other use or exploitation of copyrighted content is not permitted without the consent of the respective copyright holder. However, personal, non-commercial use within the purpose of the offer is permitted. Users may therefore access, save and print out the contents for private use, provided that this does not serve acquisitive purposes, either directly or indirectly.

 

15. Change or Termination of the Offer

HolidayClinics.com does not control time validity of the offers and is not responsible if the user does not take advantage of the offer in a timely manner.

 

16. Privacy

The privacy policy applies, which accessed at Privacy policy link.

 

17. Indemnity

You agree to defend, indemnify and keep indemnified and hold HolidayClinics.com and, as applicable, its officers, directors, employees, affiliates or other representatives, harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liabilities, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this website, including but not limited to posting content on this website, entering into transactions with Clinics and/or Providers, contacting others as a result of their postings on this website, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach or any breach of these terms of use.

18. Limitation of Liability

  1. To the fullest extent permitted by applicable law, neither HolidayClinics.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the website services offered or transactions entered into through or from this website, including, for the avoidance of doubt, your transactions with Clinics and/or Providers or medical services facilitated through this website, including, but not limited to, direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if holidayclinics.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
  2. In no event shall HolidayClinics.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Clinic and/or Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
  3. Without limiting the foregoing, under no circumstances shall HolidayClinics.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

19. Jurisdiction and Governing Law

  1. This website is controlled and operated by HolidayClinics.com from Croatia. HolidayClinics.com does not make any representation that the facilities, services, including the website service, and/or materials offered through this website are appropriate or suitable for use in countries other than Croatia, or that they comply with any legal or regulatory requirements in any other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, facilities, services, including the website service, and/or materials offered through this website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or materials offered through this website or any part of them are not directed at you.
  2. These Terms of Use shall be governed by and construed in accordance with the Croatian laws and you hereby agree, for the benefit of HolidayClinics.com, and without prejudice to the right of HolidayClinics.com to take proceedings in relation to these Terms of Use before any court of competent jurisdiction and that courts of Croatia shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
  3. The language of any dispute resolution procedure or any proceedings under these Terms of Use will be Croatian.

 

20. Final Provisions

The exclusive place of jurisdiction for all disputes arising from this relationship is the law of the State of Croatia.

If provisions of these Terms of Use are or become invalid in whole or in part, the remaining provisions remain unaffected.

 

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Terms of Use for Partners and Premium Partners

Terms of Use for Partners and Premium Partners of MediaMend d.o.o., for the digital marketing services via www.HolidayClinics.com and internet offer at www.HolidayClinics.com.

Last Updated: August 2018

 

Introduction

Welcome to https://holidayclinics.com (hereinafter the “Website”) a directory of medical clinics intended to promote Croatian medical services and provide special offers for your clients. The Website is build for the promotion of healthcare, aesthetic and holistic services, and other services on the Website (these services are referred to in these Terms of Use as “Services” and the providers of the Services (including all individual medical practitioners, hospitals and clinics and) are referred to as “Providers” and/or “Clinics”). The Website gives you the opportunity to reach potential medical services in the region. The Website and the facilities, services and materials available thereon is owned and operated by MediaMend d.o.o., as the owner of the Website and brand HolidayClinics.com, an Croatian registered company. For the purpose of these Terms of Use “we”, “our” and “us” refers to the HolidayClinics.com (hereinafter ‘’the Service provider’’).

Preamble

Clinics, doctors or health professionals have the opportunity to become partners and Customers of the Service provider. Depending on the type of package selected, you can avail yourself of various services there. For this purpose, the present Terms of Use apply to Customers as Partner or Premium partner (hereinafter referred as ‘’the Customers’’).

Terms of Use can be found at https://holidayclinics.com/terms-of-use/.

 

1. Content Policy

  1. The Service provider acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or Clinics and/or Providers. You are solely responsible for the content and information you provide yourself to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.

 

2. Scope

The following contract governs the relationship between the Service provider and its Customers.

Other offers from the Service provider are not subject of these terms and conditions.

 

3. Beneficiaries

  1. The Customer package can only be booked by health care professionals (doctors, alternative practitioners, psychologists, midwives, physiotherapists), medical practices, clinics and related institutions or appropriate professionals and institutions maintained by such professionals, other persons or service providers are excluded from registering as Customers.
  2. By registering with the Service provider, Customers confirm that they belong to the group of persons entitled to use in accordance with Number 2 Paragraph 1.
  3. The person who registers a doctor’s practice, clinics or similar institutions must name himself as contact person in the context of the registration.
  4. The contact person undertakes to register a doctor’s office, clinic or equivalent institution only if
  • the medical practice, clinic or equivalent facility belongs to the circle of authorized facilities,
  • the contact person himself belongs to the authorized group of persons of the institution and
  • the contact person has been authorized by the management of the institution to register.
  1. Customers or their contact persons undertake to provide correct and complete information about the data requested during the registration and, in particular, not to violate the rights of third parties. A violation of the rights of third parties is given, among other things, if personal information or other data of third parties are used without their consent, e.g. the name or the e-mail address. In the case of a change of data, the named persons also undertake to process these immediately in the profile under “my HolidayClinics.com Customer area”. The Service provider is entitled at any time to demand proof of the existence of the prerequisites and the accuracy of the information.

 

4. Conclusion of contract

The Customer package can be booked in writing, by phone or online. In the case of an online booking on the website www.holidayclinics.com (or another page of the Service provider), the Customer fills in the Add your clinic form for the respective package. By clicking on the “Add Clinic button” Customer accepts Terms and Conditions and Privacy Policy.

The Service provider reviews the credibility of the data and confirms the registration along with sending a receipt. The registration is completed only after the Customers make their payments.

 

5. Subject of the contract for Partner or Premium partner packages

 

The subject of this contract is a relationship between MediaMend d.o.o. and the Customers, e.g. subscribers for the Service provider services.  

The Service provider offers various partner packages and the scope of the services offered within these packages is determined by the terms of reference at the time of conclusion of the contract.

The description of services for the individual package can be found at https://holidayclinics.com/packages/. The description of the services at the time the contract is concluded is part of this contract.

 

6. Add your clinic form and Options: Top Medical offer, Regular Medical offer and Partner clinic Placement

 

  1. When a Customer chooses a package, it will be required to fill in the data in the Add your Clinic form according to the package they choose:
  • Clinic contact details. (Partner, Premium partner)
  • Clinic services.  (Partner, Premium partner)
  • Regular Offer service (option according to the selected package). It can be changed daily. (Premium partner)
  • Top Offer service (option according to the selected package). It can be changed daily.  (Premium partner)
  • Login and contact information. With a passphrase a Customer will  be able to enter a clinic profile, where it can change information and offers 24/7. (Partner, Premium partner)
  1.  The Customers can attend a “Front page placement promotion”. They are displayed and prioritized on the front page and in the search results for the respective registered subject area in the result list.
  2.  Premium partner can attend “Front page placement promotion” as Top offer, Regular offer, and also as Partner clinic placement. Premium partner can also define their services to be put on the front page promotion. If preferred service is not included in the list, please contact us by clicking the red button “Add service” on the top right of the website in the Add your clinic form or contact us on marketing@holidayclinics.com and we will add it as soon as possible.
  3. Customer is only displayed as Partner clinic on the front page promotion and prioritized on the front page and in the search results for the respective registered subject area in the result list.
  4. Upgrading your package from Partner to Premium Partner before the end of your contract will lead to an additional cost in the amount of the cost of the Premium Partner package. You can upgrade your package at any time on your sign in profile by clicking on Upgrade my Package button.
  5. The cost of the chosen package is proportionally charged according to the month of the start of the subscription, i.e. in the amount of 1/12 of the annual package fee for each month of the current year. Hereinafter the subscription is charged annually each January and is valid until 31 December of the same year.
  6. Resignation of the Subscription occurs when the Customer resign its subscription by sending a written notice to the marketing@holidayclinics.com at the latest by 30th November of the current year. Otherwise the Customer is obliged to pay the subscription fee for the next year regardless of its resignation sent after the aforementioned date.

 

7. Performance changes

The Service provider is free to design content as well as to modify and adapt the packages, as long as the scope and content of the respective package remains intact.
In addition to para. 2, the Service provider reserves the right to modify or adapt the contents of individual packages or options, as far as this is for technical reasons, such as a function of its search engine modified by Google, or for business reasons, such as Elimination of cooperation with an external cooperation partner is required.

 

8. Prices, payment and tariff changes

  1. The Service provider charges the Customer with package prices valid at the time of the contract signature. An invoice is send to the Customer and after the payment is complete the cooperation comes in action.

    In case of fee-based additional option “Promotion of your offers on Facebook and Linkedin upon request’’ and ‘’Advertising your top offers on Adwords”, both of this services take an extra surcharge. The invoice is due immediately upon receipt by the Customer without deduction. The amount specified in this form must be transferred to the account specified in the invoice. If applicable, any account management fees will be borne by the Customer.

 

  1. Customers are obliged to pay annual fees. The annual fee for the new subscribers is determined according to the chosen package and is proportionally charged according to the month of the start of the subscription, i.e. in the amount of 1/12 of the annual package fee for each month of the current year. Hereinafter the subscription is charged annually each January and is valid until 31 December of the same year. The invoice is issued at the latest on 5th working day, with payment deadline of 10 working days.  
  2. Resignation of the Subscription may take place when the Customers may resign its subscription by sending a written notice to the marketing@holidayclinics.com at the latest by 30 th November of the current year otherwise he is obliged to pay the subscription fee for the next year regardless of its resignation sent after the aforementioned date.
  3.  All prices are exclusive of VAT at the applicable statutory rate.
  4. If the Customer defaults on the payment of paid services by the Service provider, the Service provider shall have the right to refuse the fulfillment of due services to the Customer – in particular the information provided and the linking to websites of the Customer temporarily to lock – until the delay is eliminated. In these cases, the Service provider will announce in writing the suspension to the Customer with a period of notice of 10 working days which is generally sufficient to remedy the delay. The other legal and contractual rights of the Service provider due to late payment by the Customer remain unaffected by the refusal of performance.
  5. The Service provider has the right to adjust the costs due to changed conditions by means of a written notification to the Customer with a notice period at the latest by 30th October of the current year (tariff change). If the Customer does not want to continue the contract at the changed tariff,it has the right to terminate the contract in writing at the time of the tariff change, but no later than 30th November.

 

9. Area of ​​responsibility of the Service provider; service disruptions

The Service provider offers its services on the basis of the current state of the Internet and the current technical, legal and commercial framework for the Internet traffic. The Customer is aware that the quality of Internet traffic depends on these conditions and other circumstances – such as the conditions on downstream data lines – to which the Service provider has no influence and no responsibility.

Disruptions in the quality of Internet traffic that are beyond the Service provider’s area of ​​responsibility. If such disruptions lead to not being able to provide the services to the Customer over a not insignificant period of time, the Customer has the right to terminate the contract. The notice of termination requires the written form to be effective. Further rights of the Customer are excluded.

 

10. Obligations of the Customer

 

  1.  It is the responsibility of the Customer to create and maintain the necessary technical infrastructure (hardware, software, telecommunications, internal network, own website) for participation in the Internet up to the offer made available by the Service provider at its own expense. This responsibility also refers to a possible link to further websites as well as information, pictures and videos of the Customer.
  2.  It is incumbent on the Customer to design and set up his own information service for the internet in a responsible manner, insofar as this is referred to in the extended profile at the Service provider. In addition, Customer is obliged to ensure that the respective professional law is respected. This also applies to the integration of so-called badges or seals, which the Service provider provides for the Customer.
  3. The Customer shall ensure that the IT infrastructure belonging to its sphere is adequately protected by professional IT security measures.
  4. Customers undertake not to pass on their access data to third parties and to protect them from access by third parties, unless this is done to support the services of the Service provider used. In this case, the access data may in particular be forwarded to practice staff or media service providers. The Customer has to stand for the Service provider for the behavior of the practice staff, media service providers, etc. as for his own behavior.
  5. Irrespective of this, Customers undertake to inform the Service provider immediately as soon as they become aware that their access data are being used by third parties unauthorized.The Service provider is entitled to block access to the services under www.holidayclinics.com, if there is a reasonable suspicion that the access data are being used by unauthorized third parties. Customers are informed about this and receive new access data, unless they have deliberately contributed to the abuse themselves. Incidentally, the access data can be changed at any time on the Service provider in the section “sign in” and this should happen from time to time for security reasons.
  6. Customers undertake to use the provided services only within the scope of their intended purpose. They ensure that the use of the services does not jeopardize proper operation and does not affect other providers, users or networks. In particular, when using the Top and Regular offer on www.holidayclinics.com, Customers may not send data or store it on a the Service provider data carrier that is suitable for its type or nature, size or number, the functionality of the Service provider’s computer systems or that of third parties to impair or infringe rights of third parties (eg viruses, spam e-mails, etc.). Customers are also obliged to avoid undue or improper use of the portal.
  7. The use of a Free partner, Partner or Premium partner membership to read, store or share personal data of other users for purposes other than the intended use of the offer is prohibited. Customers must treat their information about other users as well as communication content confidentially.
  8.  In order to avoid loss of data, all content that Customers publish or access to or receive from www.holidayclinics.com must be backed up on their own computer system.

 

11. Content of the Customer

If Customers post content (e.g. profile pictures) about the services offered by the Service provider, they declare themselves in storage, publication or public access to their content within the scope of the offer under www.holidayclinics.com, in mobile offers (Apps) by the Service provider or by cooperation partners of the Service provider.

In principle, there is no entitlement to the deletion of the content by the Service provider. The consent according to para. 1 is valid for an unlimited period of time, as long as the Customers do not prove to the Service provider any circumstances that make a further retrievability of a content unreasonable for the future (e.g. because of serious professional disadvantages). Incidentally, some of the content set by the Customers may also be deleted or changed by them (such as the data of the extended profile).

 

12. Responsibility of the Customer

 

Within and through the services offered by the Service provider, Customers can publish content and make it available to others (e.g. extended profile information). The responsibility for such content published and distributed by Customers lies exclusively with them. Customers undertake not to violate applicable statutory provisions when using the services. In particular, Customers ensure that the content published and distributed by them does not violate any third-party rights (e.g. copyrights, trademark rights or personal rights) and, in connection with the use of the services, collects personal data of third parties only in accordance with the relevant data protection regulations, processed or used. For example, the inclusion of copyrighted content (such as texts) is expressly prohibited, if Customers have not been granted the necessary rights of use by the copyright holders. In addition, Customers ensure that, in particular, they do not publish or make accessible any content prohibited under the Criminal Code, such as insults and other defamatory statements.

Via the services Customers can link external contents. The links must not refer to content that violates applicable statutory provisions; Para. 1 applies accordingly. Customers carefully check content that is directly referenced by external links, as well as the following content, as far as the directly linked content justifies the suspicion that the following content could violate existing legal regulations.

Insofar as Customers also wish to provide information about themselves and about third parties, they must ensure that the parties concerned agree to the corresponding publication of the information and, in particular, a data protection consent. The Service provider is entitled at any time to demand corresponding proof of this.

 

 

13. Permitted content & information for the articles

  1. Partner and Premium partner Customers may publish upto two articles per year in the agreed scope with the Service provider. Customers are able to publish PR or thematic articles on the front page, in the monthly newsletter and on the official Holiday Clinics LinkedIn page.
  2. The expert guide is intended to provide users / patients with factual information on medical topics. Therefore, you agree to keep your articles in an objective style and to write from a neutral perspective.
  3. You represent and warrant that you have all necessary rights, powers, etc. and especially image rights to publish the articles in order to grant the Service provider the above right of use.
  4. You also warrant that you write your articles to the best of our knowledge and in accordance with scientific standards, and that information contained therein is complete, accurate and current. All the resources used while writing the articles must be correctly stated.
  5. The Service provider reserves the right not to publish articles in violation of the above regulations.
  6. Failure by the Service provider to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any such right or provision. If any provision of these Terms of Use is deemed to be invalid by the relevant jurisdiction, the parties shall nevertheless recognize that: the court should apply the intentions of the parties in the sense of the provisions and that the remaining provisions of the conditions of use remain fully valid. Unless the above provisions are in conflict, the Terms of Use for the Customers, which you have accepted upon conclusion of the Partner or Premium partner contract, also apply.

14. Consequences of breaches of duty / exemption

In the event of violations of the obligations of the Customer, the Service provider shall be entitled, depending on the violation, to block access by the Customer to www.holidayclinics.com, content on the Service provider servers (in particular, data of the extended profile or the expert guide) to block or delete accounts, disable accounts or in the event of obvious misuse or use immediately delete, and to take other appropriate measures to protect against such violations. The same applies in the event that there is sufficient suspicion of such violations, as long as and to the extent that the responsible Customer has not demonstrated the legality of the contested content or behavior.

As a responsible member, you undertake to indemnify the Service provider against all claims of third parties asserted against the Service provider in connection with violations and any resulting costs; this includes the costs of proper legal defense. You are also required to assist the Service provider in defending against the aforementioned claims by providing statements, in particular sworn statements, and other information, and will seek to ensure that third-party claims are asserted directly against you. All other rights of the Service provider remain unaffected.

 

15. Liability

  1.  The liability of the Service provider, for whatever legal reason, is limited to the damages caused by itself, its legal representatives or their vicarious agents, subject to paragraph 2, as follows:
  • In  the case of a slightly negligent breach of a material obligation arising from the contractual relationship (“cardinal obligation”), the Service provider is liable to a limited extent for the contract-typical damage foreseeable at the time the contract was concluded. “Cardinal duties” are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which a Contracting Party may regularly rely;
  • The Service provider is not liable for the slightly negligent violation of non-essential obligations arising from the contractual relationship.
  1.  The aforementioned limitations of liability shall not apply in the case of gross negligence or willful misconduct or in cases of mandatory legal liability, in particular if a guarantee or culpable injury to life, body or health is assumed.
  2.  Insofar as the Service provider is liable for data losses pursuant to para. 1 and 2, this liability is – except in the case of intent and gross negligence – limited to the loss of such data as the Customer in a customary manner (at least once a day) has ensured that he can reproduce them with reasonable effort. The objection of contributory negligence is always permissible. With regard to the avoidance of damage from data loss, reference is made to the obligation to secure the data.

16. Rights of the Service provider and Customers

The rights (in particular copyright, trademark and trademark rights) for published objects owned by the Service provider or its employees, posted on www.holidayclinics.com or in the mobile offers (apps) of the Service provider itself, remain with the Service provider alone. Duplication and / or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the explicit consent of the Service provider. Duplication or use of such objects and contents (e.g. copyrighted texts) in other electronic or printed publications as well as in the context of public reproduction is not permitted without the explicit consent of the Service provider.

The content posted by Customers at www.holidayclinics.com is protected by copyright in accordance with the statutory provisions. The use of such content (e.g. profile pictures) in other electronic or printed publications as well as in the context of public reproduction by other Customers is not permitted without the express consent of the respective Customer.

 

17. Secrecy

Customers and the Service provider undertake to maintain confidentiality vis-à-vis third parties about the other’s business secrets entrusted to them, made accessible or otherwise known, and that they do not exploit such trade secrets themselves. In particular, this obligation applies to all business, operational, organizational and technical information and knowledge that is accessible only to a limited group of persons, that is classified as “confidential” or that should be treated as confidential in the light of the consequences of a possible disclosure in good faith. This obligation does not apply to information that was (a) already known to the recipient upon conclusion of this contract or subsequently disclosed by a third party, without prejudice to a confidentiality agreement, legal or regulatory order; (b) publicly known at the time of conclusion of the contract or subsequently made public, except in the event of breach of this Agreement; (c) which must be disclosed by law or by order of a court or public authority. To the extent permitted and possible, the recipient required to disclose will inform the other party in advance and give it the opportunity to oppose the disclosure, unless based on a breach of this Agreement.  

Both contracting parties are obliged to agree on the obligation to maintain secrecy with their employees and / or vicarious agents and other third parties involved in the execution of the contract.

 

18. Privacy

The regulations on data protection are set out in the separate data protection guidelines, which can be downloaded from Privacy policy link.    

 

19. Termination

Termination of cooperation is regulated in the contract.

 

20. Evidence clause and burden of proof

Data stored in electronic registers or otherwise in electronic form at the Service provider shall be considered as admissible evidence for the demonstration of data transmissions, contracts and executed payments between the parties.

If the Customer refers to the misuse of his identity in the context of the conclusion of the contract, they shall immediately provide the Service provider with all facts and circumstantial evidence available to them. In the event of a breach of this obligation and if there is sufficient evidence of action by the Customer and not by a third party, the Customer bears the burden of proof that the identity has been misused.

 

21. Amendments to these Terms of Use

The Service provider reserves the right to change these Terms of Use at any time and without stating reasons. The Service provider sends the new Terms of Use to the Customers by an e-mail. They are deemed to have been agreed if the Customer has not objected to their validity within 14 days after receipt of the e-mail. The contradiction requires the text form (such as by e-mail). Customers are separately informed by the e-mail of the possibility of objection, the deadline and the consequences of inaction. In the event of an objection, the Service provider has the right to terminate this contract with four weeks notice.

However, the possibility of amending these General Terms and Conditions pursuant to para. 1 does not apply to changes that restrict the content and scope of the core usage options of the Customer agreement to the detriment of the Customer, nor to the introduction of new, not yet covered by these General Terms and Conditions or obligations for the Customer.

Independently of this, the Service provider reserves the right to impose additional Terms of Use for new services, in particular fees.

 

22. Imdemnity

You agree to defend, indemnify and keep indemnified and hold the Service provider and, as applicable, its officers, directors, employees, affiliates or other representatives, harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liabilities, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with Clinics and/or Providers, contacting others as a result of their postings on this Website, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Use.

 

23. Final provisions

  1.  The law of the State of Croatia applies exclusively with the exception of international private law and the UN Sales Convention.
  2.  Jurisdiction for all claims and disputes arising from and in connection with this contract is Croatia-Rijeka.
  3. Customers may neither set off against claims of the Service provider nor assert rights of retention unless they are uncontested or legally established claims of the Customer.
  4. Should one of the provisions of this contract be or become ineffective, this shall not affect the validity of the remainder of the contract.

 

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Terms of Use for Free Users

Terms of Use for Free Users of MediaMend d.o.o. for the digital marketing services via www.HolidayClinics.com internet offer www.HolidayClinics.com.

Last Updated: August 2018

 

Introduction

Welcome to https://holidayclinics.com (hereinafter the “Website”) a directory of medical clinics intended to promote Croatian medical services and provide special offers for your clients. The Website is build for the promotion of healthcare, aesthetic and holistic services, and other services on the Website (these services are referred to in these Terms of Use as “Services” and the providers of the Services (including all individual medical practitioners, hospitals and clinics and) are referred to as “Providers” and/or “Clinics”). The Website gives you the opportunity to reach potential medical services in the region. The Website and the facilities, services and materials available thereon is owned and operated by MediaMend d.o.o., as the owner of the Website and brand HolidayClinics.com, an Croatian registered company. For the purpose of these Terms of Use “we”, “our” and “us” refers to the HolidayClinics.com (hereinafter ‘’the Service provider’’).

 

Preamble

Clinics, doctors and other health professionals have the opportunity to benefit from digital marketing services of the Service provider. Depending on the type of package selected, you can avail various services that the Website offers. You chose to become our Free partner  (hereinafter referred as ‘’the Customer’’). For the provision of free services to the Customers, only the Terms of Use apply. The latter shall be deemed to be a contract or a document governing a relationship and is valid until the Customer deletes it’s account or the Service provider terminates it for the reasons stated in this document.

 

Terms of Use can be found at https://holidayclinics.com/terms-of-use/.

 

1. Content Policy

The Service provider acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by it’s Customers. You are solely responsible for the content and information you provide yourself to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.

 

2. Scope

Terms of Use govern the relationship between the Service provider and beneficiaries of the Free partner package.

Other offers from the Service provider are not subject of these Terms of Use.

 

3. Beneficiaries

  1. The packages can only be booked by health care professionals (doctors, alternative practitioners, psychologists, midwives, physiotherapists), medical practices, clinics and related institutions or appropriate professionals and institutions maintained by such professionals, other persons or service providers are excluded from registering as Customers.
  2. By registering with the Service provider, the Customers confirm that they belong to the group of entities entitled to use in accordance with Paragraph 1.
  3. The person who registers a doctor’s practice, clinics or similar institutions must name himself as contact person in the context of the registration.
  4. The contact person undertakes to register a doctor’s office, clinic or equivalent institution only if
  • the medical practice, clinic or equivalent facility belongs to the circle of authorized facilities,
  • the contact person himself belongs to the authorized group of persons of the institution and
  • the contact person has been authorized by the management of the institution to register.
  1. Customers or their contact persons undertake to provide correct and complete information about the data requested during the registration and, in particular, not to violate the rights of third parties. A violation of the rights of third parties is given, among other things, if personal information or other data of third parties are used without their consent, e.g. the name or the e-mail address. In the case of a change of data, the named persons also undertake to process these immediately in the profile under “my HolidayClinics.com Customer area”. The Service provider is entitled at any time to demand proof of the existence of the prerequisites and the accuracy of the information.

 

4. Add your clinic

A Free partner package can be booked in writing, by phone or online. In the case of an online booking on the website www.holidayclinics.com (or another page of the Service provider), the Customer fills in the Add your clinic form for the respective package. By clicking on the “Add Clinic button” Customer accepts Terms of Use and Privacy Policy.

The registration of Free partner is complete automatically after the reviewing the credibility of data provided in the Add your clinic form.

The Free partner basic access package will only be granted within the scope of the Service provider.s technical, operational and financial capabilities. A claim for the provision of certain free services does not exist.

 

5. Add your clinic form

  1. When a Customer chooses a package, it will be required to fill in the data in the Add your Clinic form according to the package they choose:
  • Clinic contact details.
  • Login and contact information. With a passphrase a Customer will be able to enter a clinic profile, where it can change information and offers 24/7.
  1. Free partner is only displayed in the search results after respective registered Customers (Partners and Premium partners) area in the result list.
  2. You can upgrade your package at any time on your sign in profile by clicking on Upgrade my Package button. Free partner can choose Partner or Premium partner package at all times.

 

6. Performance changes

The Service provider is free to design content as well as to modify and adapt the packages, as long as the scope and content of the respective package remains intact.

In addition to Paragraph 2, the Service provider reserves the right to modify or adapt the contents of individual packages or options, as far as this is for technical reasons, such as a function of its search engine modified by Google, or for business reasons, such as Elimination of cooperation with an external cooperation partner is required.

 

7. Area of ​​responsibility of the Service provider; service disruptions

The Service provider offers its services on the basis of the current state of the Internet and the current technical, legal and commercial framework for the Internet traffic. The Customer is aware that the quality of Internet traffic depends on these conditions and other circumstances – such as the conditions on downstream data lines – to which the Service provider has no influence and no responsibility.

 

Disruptions in the quality of Internet traffic that are beyond the Service provider’s area of ​​responsibility. If such disruptions lead to not being able to provide the services to the Customer over a not insignificant period of time, the Customer has the right to terminate it’s account.

 

8. Obligations of the Customer

  1.  It is the responsibility of the Customer to create and maintain the necessary technical infrastructure (hardware, software, telecommunications, internal network, own website) for participation in the Internet up to the offer made available by the Service provider at its own expense.
  2. The Customer shall ensure that the IT infrastructure belonging to its sphere is adequately protected by professional IT security measures.
  3. Customers undertake not to pass on their access data to third parties and to protect them from access by third parties, unless this is done to support the services of the Service provider used. In this case, the access data may in particular be forwarded to practice staff or media service providers. The Customer has to stand for the Service provider for the behavior of the practice staff, media service providers, etc. as for his own behavior.
  4. Irrespective of this, Customers undertake to inform the Service provider immediately as soon as they become aware that their access data are being used by third parties unauthorized.The Service provider is entitled to block access to the services under www.holidayclinics.com, if there is a reasonable suspicion that the access data are being used by unauthorized third parties. Customers are informed about this and receive new access data, unless they have deliberately contributed to the abuse themselves. Incidentally, the access data can be changed at any time on the Service provider in the section “sign in” and this should happen from time to time for security reasons.
  5. Customers undertake to use the provided services only within the scope of their intended purpose. They ensure that the use of the services does not jeopardize proper operation and does not affect other providers, users or networks. Customers are also obliged to avoid undue or improper use of the portal.
  6. The use of a Free partner, Partner or Premium partner membership to read, store or share personal data of other users for purposes other than the intended use of the offer is prohibited. Customers must treat their information about other users as well as communication content confidentially.
  7.  In order to avoid loss of data, all content that Customers publish or access to or receive from www.holidayclinics.com must be backed up on their own computer system.

 

9. Content of the Customer

If Customers post content (e.g. profile pictures/basic profile information) about the services offered by the Service provider, they declare themselves in storage, publication or public access to their content within the scope of the offer under www.holidayclinics.com, in mobile offers (Apps) by the Service provider or by cooperation partners of the Service provider.

In principle, there is no entitlement to the deletion of the content by the Service provider. The consent according to Paragraph 1 is valid for an unlimited period of time, as long as the Customers do not prove to the Service provider any circumstances that make a further retrievability of a content unreasonable for the future (e.g. because of serious professional disadvantages). Incidentally, some of the content set by the Customers may also be deleted or changed by them (such as the data of the extended profile).

10. Responsibility of the Customer

Within and through the services offered by the Service provider, Customers can publish content and make it available to others (e.g. extended profile information). The responsibility for such content published and distributed by Customers lies exclusively with them. Customers undertake not to violate applicable statutory provisions when using the services. In particular, Customers ensure that the content published and distributed by them does not violate any third-party rights (e.g. copyrights, trademark rights or personal rights) and, in connection with the use of the services, collects personal data of third parties only in accordance with the relevant data protection regulations, processed or used. For example, the inclusion of copyrighted content (such as texts) is expressly prohibited, if Customers have not been granted the necessary rights of use by the copyright holders. In addition, Customers ensure that, in particular, they do not publish or make accessible any content prohibited under the Criminal Code, such as insults and other defamatory statements.

Via the services Customers can link external contents. The links must not refer to content that violates applicable statutory provisions; Paragraph 1 applies accordingly. Customers carefully check content that is directly referenced by external links, as well as the following content, as far as the directly linked content justifies the suspicion that the following content could violate existing legal regulations.

Insofar as Customers also wish to provide information about themselves and about third parties, they must ensure that the parties concerned agree to the corresponding publication of the information and, in particular, a data protection consent. The Service provider is entitled at any time to demand corresponding proof of this.

 

11. Consequences of breaches of duty / exemption

In the event of violations of the obligations of the Customer, the Service provider shall be entitled, depending on the violation, to block access by the Customer to www.holidayclinics.com, content on the Service provider servers (in particular, data of the extended profile or the expert guide) to block or delete accounts, disable accounts or in the event of obvious misuse or use immediately delete, and to take other appropriate measures to protect against such violations. The same applies in the event that there is sufficient suspicion of such violations, as long as and to the extent that the responsible Customer has not demonstrated the legality of the contested content or behavior.

As a responsible member, you undertake to indemnify the Service provider against all claims of third parties asserted against the Service provider in connection with violations and any resulting costs; this includes the costs of proper legal defense. You are also required to assist the Service provider in defending against the aforementioned claims by providing statements, in particular sworn statements, and other information, and will seek to ensure that third-party claims are asserted directly against you. All other rights of the Service provider remain unaffected.

 

12. Rights of the Service provider and Customers

The rights (in particular copyright, trademark and trademark rights) for published objects owned by the Service provider or its employees, posted on www.holidayclinics.com or in the mobile offers (apps) of the Service provider itself, remain with the Service provider alone. Duplication and / or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the explicit consent of the Service provider. Duplication or use of such objects and contents (e.g. copyrighted texts) in other electronic or printed publications as well as in the context of public reproduction is not permitted without the explicit consent of the Service provider.

The content posted by Customers at www.holidayclinics.com is protected by copyright in accordance with the statutory provisions. The use of such content (e.g. profile pictures) in other electronic or printed publications as well as in the context of public reproduction by other Customers is not permitted without the express consent of the respective Customer.

 

13. Secrecy

Customers and the Service provider undertake to maintain confidentiality vis-à-vis third parties about the other’s business secrets entrusted to them, made accessible or otherwise known, and that they do not exploit such trade secrets themselves. In particular, this obligation applies to all business, operational, organizational and technical information and knowledge that is accessible only to a limited group of persons, that is classified as “confidential” or that should be treated as confidential in the light of the consequences of a possible disclosure in good faith. This obligation does not apply to information that was (a) already known to the recipient upon conclusion of this contract or subsequently disclosed by a third party, without prejudice to a confidentiality agreement, legal or regulatory order; (b) publicly known at the time of conclusion of the contract or subsequently made public, except in the event of breach of this Agreement; (c) which must be disclosed by law or by order of a court or public authority. To the extent permitted and possible, the recipient required to disclose will inform the other party in advance and give it the opportunity to oppose the disclosure, unless based on a breach of this Agreement.  

Both contracting parties are obliged to agree on the obligation to maintain secrecy with their employees and / or vicarious agents and other third parties involved in the execution of the contract.

 

14. Privacy

The regulations on data protection are set out in the separate data protection guidelines, which can be downloaded from Privacy policy link.

 

15. Evidence clause and burden of proof

Data stored in electronic registers or otherwise in electronic form at the Service provider shall be considered as admissible evidence for the demonstration of data transmissions, contracts and executed payments between the parties.

If the Customer refers to the misuse of his identity in the context of the conclusion of the contract, they shall immediately provide the Service provider with all facts and circumstantial evidence available to them. In the event of a breach of this obligation and if there is sufficient evidence of action by the Customer and not by a third party, the Customer bears the burden of proof that the identity has been misused.

 

16. Amendments to these Terms of Use

The Service provider reserves the right to change these Terms of Use at any time and without stating reasons. The Service provider sends the new Terms of Use to the Customers by an e-mail. They are deemed to have been agreed if the Customer has not objected to their validity within 14 days after receipt of the e-mail. The contradiction requires the text form (such as by e-mail). Customers are separately informed by the e-mail of the possibility of objection, the deadline and the consequences of inaction. In the event of an objection, the Service provider has the right to terminate its account.

However, the possibility of amending these Terms and Use for free users  pursuant to Paragraph 1 does not apply to changes that restrict the content and scope of the core usage options of the Customer agreement to the detriment of the Customer, nor to the introduction of new, not yet covered by these Terms of Use or obligations for the Customer.

 

17. Termination

The Service provider may at any time, without notice, suspend or terminate access to it’s Website, or any service forming part of this Website, wholly or partially, for any reason including, without limitation, where the Customer has provided false or misleading information, or is in breach of Terms of Use, or if the Service provider cannot verify or authenticate any information submitted to the Website. The Service provider is not liable to it’s Customers or any third party for any suspension or termination of access to this Website.

The Customer can terminate it’s account at any time by sending a written notice to the marketing@holidayclinics.com.

 

18. Indemnity

You agree to defend, indemnify and keep indemnified and hold the Service provider and, as applicable, its officers, directors, employees, affiliates or other representatives, harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liabilities, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with Clinics and/or Providers, contacting others as a result of their postings on this Website, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Use.

 

19. Final provisions

  1.  The law of the State of Croatia applies exclusively with the exception of international private law and the UN Sales Convention.
  2.  Jurisdiction for all claims and disputes arising from and in connection with this contract is Croatia-Rijeka.
  3. Customers may neither set off against claims of the Service provider nor assert rights of retention unless they are uncontested or legally established claims of the Customer.
  4. Should one of the provisions of this contract be or become ineffective, this shall not affect the validity of the remainder of the contract.

 

 

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