Terms and definitions

Application – the free tourist mobile application “Explore Lika”, the aim of which is to present to the visitors of Lika various tourist places in text and image form, starting from restaurants and gastronomic establishments, natural sights, historical sites, etc. (hereinafter: the Application).

The owner of the Application and holder of all rights to it is GTF – Inicijativa za održivi rast (hereinafter: the Association).

A user is a natural person over the age of 16 who owns a mobile device and who has installed the Application on the mobile device (hereinafter: the User).

An important feature of the Application is data confidentiality and the Association emphasizes that, in this context, it has no insight into:

• the User's IP address,
• the User's personal data (unless the User chooses to provide them voluntarily when commenting or reporting problems).

1. Introductory provisions

Please read these Terms of Use carefully.

You may use the Application in accordance with these Terms of Use.

By installing and using the Application on a mobile device, these Terms of Use will begin to apply, by which you also acknowledge that you are familiar with them and agree to abide by them.

In addition, by using the Application, you acknowledge that you are familiar with the Privacy Policy.

For purposes of the Terms of Use, and whenever the context requires, the terms “you” and “your” mean any person using the Application in any manner, including persons viewing the Application and its content. Furthermore, while using any portion of the Service, the User agrees to abide by Association's applicable policies, which are at the Association's sole discretion and subject to change from time to time. The User acknowledges that he/she is solely responsible for re-reading these Terms of Use from time to time.

In the event that the User disagrees with any term or provision of these Terms of Use, as well as any instructions to modify them, and is in any way dissatisfied with the Association or the Application, the User's only recourse is to immediately discontinue the use of the Application.

By installing and using the Application, the User is deemed to have read, understood and accepted as binding the Terms of Use published at that time.

2. General provisions

The Application includes the version of the Application, that is, the features of the Application as defined by the Association.

The Application is the property of the Association as the author.

In order to use the Application, the User must provide, at his/her own expense and responsibility, the following technical requirements: a mobile device that supports the installation of the Application and Internet access, and the Association shall not be responsible if the User does not meet the minimum technical requirements.

3. Use

After installing the Application on the mobile device, the User can use the Application for free.

The Service includes the use of the Application that enables the display of various places, events and sites in Lika and provides the user with information about specific places, sites and events in Lika, thus giving him/her information about what Lika has to offer in terms of nature, historical sights, entertainment, events, hospitality, gastronomy, etc.

This service of using the Application is provided to the User by the Association free of charge.

The Association assumes no responsibility for any action taken or refrained from based on any content, information or data, etc., in or on the Application.

The information available in or on the Application shall not be deemed as an invitation to enter into any relationship other than a relationship including free use of the Service as provided for in these Terms of Use.

By using the Application, the User accepts all risks arising from its use and agrees to use the Application solely for personal use and at his/her own risk.

When using the Application, the User is responsible for the data entered and is liable for any resulting damage, which may relate, for example, to the violation of the right to data confidentiality, violation of the copyrights of others, etc.

The User is required to protect and monitor the data on his/her own mobile device and bears full responsibility for any use of the Application by persons other than the User.

By using the Application, the User declares that he/she has reached the age of 16.

The User shall not be entitled to use any subsequent improvements to the Application unless permitted by Association at its sole discretion.

4. User's rights

The User has the right to access the Application after installation, to view the content of the Application and to use the possibilities of the Application, but also to write comments on certain locations or to report a problem.

5. Limitations to User's rights

It is not allowed to make and distribute copies of the Application or any portion of the content in or on the Application.

The User is prohibited from reproducing, selling, renting, licensing or otherwise distributing and/or making available for use the Application, in whole or in part, whether in return for payment or free of charge, and is prohibited from permitting any other person to do so.

The User is prohibited from altering, merging, supplementing, modifying, adapting, decompiling, restructuring, reconstructing, disassembling the internal structure of, creating derivative products from, performing investigative or other acts on, or using the entire Application or its individual parts in any manner inconsistent with these Terms of Use, nor may he or she permit any other person to do so.

By accepting these Terms of Use, the User agrees to use the Application exclusively in a manner consistent with all positive regulations, both international and those of the Republic of Croatia, including limitations to copyright and other intellectual property rights.

In the event of non-compliance with these Terms of Use, the Association shall be entitled to deny the User access to the Application, which shall extinguish all his/her rights.

By accepting these Terms of Use, the User agrees that the Association may review the use of the Application at any time while maintaining the confidentiality of the User's data.

6. Copyright and intellectual property rights

The Application and all rights in and to it, without limitation, are the exclusive property of the Association and its suppliers and are protected by copyright law as governed by the regulations of the Republic of Croatia, as well as the provisions of international agreements. The User therefore undertakes to treat them as any other product protected by copyright and intellectual property rights.

The Association and its suppliers reserve all rights, titles and interests, including all copyright and intellectual property rights as regards the Application, its versions and copies, and all rights associated with the Application.

All rights not expressly granted in these Terms of Use remain the property of the Association or others unless otherwise noted.

The Association's trademarks contained in the Application are protected by positive regulations of the Republic of Croatia and international agreements, both in the Republic of Croatia and internationally. The User is not allowed to move or change trademarks, names, product names, logos, use protected rights, legends, symbols or designations of the Application.

These Terms of Use do not authorize the User to use the name of the Association or its affiliates or their trademarks protected by copyright and intellectual property rights.

The structure, organization and code of the Application are valuable trade secrets and confidential information of the Association and/or its licensors and affiliates, and all of the foregoing applies to them.

7. Association's rights

The Association reserves the right to modify any resources (program codes, multimedia content, data, scripts and other data and information, Internet domains, etc.) contained in or on the Application at any time and without prior notice or specific reference and without the need to obtain the prior consent of the User.

The Association reserves the right to change these Terms of Use at any time in the manner provided for in these Terms and shall not be liable for any consequences arising from such changes.

The Association has the right to collect data about Users and their data in accordance with the provisions on the protection of personal data and the Privacy Policy.

The Association reserves the right to remove the User's identifying information at any time without specific explanation if, in the Association's opinion, the User is in breach of the provisions of these Terms of Use.

In addition, the Association reserves the right, at its sole discretion, to remove any User comment or post within the Application if, in the Association's opinion, it is offensive, inaccurate or inappropriate in any way.

8. Disclaimer of liability

The Association disclaims any liability arising out of or related in any way to the use of the Application, for any actions of the User arising out of the use or misuse of the Application, and for any damages incurred by the User or any third party in connection with the use of the Application, and therefore the User shall have no claim whatsoever against the Association, whether or not related in any way to any information, content, data, etc. in or on the Application.

In addition, the Association shall not be liable to the User for any damages, losses or expenses or any other type of direct or indirect loss (e.g., loss of profits, loss of a particular customer or market, loss of financial or other data, damage to reputation, loss of business opportunity) resulting from actions taken or performed based on information, content, data, etc. contained in or on the Application.

The Association shall not be liable for any damages, loss or expenses or any other type of direct or indirect loss that would be incurred by the User due to the inability to use the Application by reason of improper conduct of the User, unavailability of the Application due to failure to use appropriate programs or versions of programs, technical issues, prohibition of work by the competent authorities, termination of the Association's operation or force majeure, errors in the work of the Application, the inadequacy of the Application for the User's needs, etc.

The Association shall not be liable to the User for any damage caused by loss or destruction of data, unauthorized access, unauthorized modification, unauthorized publication or other misuses, in particular if these circumstances are caused by force majeure, equipment failure, incorrect operation, the influence of other licensed and unlicensed computer programs, viruses, etc.

Comments, opinions or ideas submitted by the User to the Association shall not be considered confidential information and the Association may use, reproduce, distribute and/or process them for any purpose (in whole or in part, temporarily or permanently, by any means and in any form) without being required to pay the User any fee. In this connection, the User waives the right to make or submit any request to the Association as regards any of its potential liability.

In no event shall the Association, its officers, directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or extraordinary damages (even if the Association has been informed of the possibility of such damages) arising out of any aspect of the use of the Application, without limitation, including where the damages arise out of the use or misuse of the Application or the inability to use the Application by reason of interruption, termination, alteration, change, modification, supplementing or discontinuance of the Application.

This limitation of liability shall also apply with respect to damages resulting from other services or products obtained through or advertised in connection with the Application or any links in the Application.

Neither the Association nor any other party involved in creating, producing or delivering the Application shall, in any event, be liable to the User or any third party for any direct or indirect, incidental or deliberate damages arising out of the use of or inability to use the Application, even if the Association has been warned of or was aware of the possibility of such damages.

The above disclaimer of liability includes, without limitation, damages for loss of profits, business disruption, loss of business information, property damage, personal injury, other pecuniary loss or liability for special, direct or indirect, incidental, economic, consecutive, punitive, special or consequential damages, etc., whether arising or incurred under contract, negligence or any other form of liability.

9. Waiver of warranties

The Association does not provide the User with any warranties, direct or indirect, in connection with the use of the Application and the use of the information, content or data contained in the Application.

The Application is provided to the User in its final form in accordance with these Terms of Use, on an “as is” basis, and any warranty as to any defects in the Application is excluded.

Although the Association continuously tests and maintains the Application, it cannot guarantee that no errors will occur in the operation of the Application itself during use and that there will be no possible defects. In any case, the Association will take all steps to remedy the defect as soon as possible.

The User expressly disclaims all warranties, express or implied, including warranties of trade standards, warranties of fitness for a particular purpose, and warranties of protecting property rights to the maximum extent permitted by the law. To the maximum extent permitted by the law, the Association's officers, directors, employees, agents, etc. waive all warranties, express or implied, in connection with the Application as regards using them by the User. As some international agreements do not allow the absence or limitation of liability but may allow limited liability, in such cases the liability of the Association, its employees or the persons referred to in the previous sentence shall be limited to EUR 30 (in words: thirty euros).

The Association makes no warranties or statements as to the accuracy or completeness of the content of the Application and assumes no liability or responsibility for (i) any errors, misunderstandings or inaccuracies in the content, data and information (ii) any unauthorized access to servers and personal and/or financial data stored therein, (iii) any interruption or cessation of communications with the Application, (iv) any bugs, viruses, Trojan horses and similar occurrences that can be transmitted by any third party to the Application or that can be transmitted through them, and/or (v) any errors or omissions in any content or any loss or damage resulting from the posting, content, emailing, communication, transmission or any other availability through the Application.

The Association does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by any third party through the Application or any website linked to the Application, or any website displayed in a window or other advertising method. Therefore, the Association will not be considered a participant or be responsible in any way for monitoring transactions between the User and/or other users and/or providers of third-party products and services.

The Association, its affiliates or anyone else cannot make any warranties or promises as to the fitness for a particular purpose, nor that the Application will not infringe any patents, copyrights, trademarks or other rights.

It is not guaranteed that the functions contained in the Application will meet the needs of the User or that the operation of the Application will be fault-free and free of IT errors – “bugs”. The Association disclaims any implied warranties, including, without limitation, any implied warranties of marketability or fitness for a particular purpose.

By accepting these Terms of Use, the User assumes the responsibility and risk in selecting and using the Application that will bring him/her the desired results, and for the results obtained through the use of the Application and its features.

These limitations shall apply to the maximum extent permitted by the law. The Association does not state or warrant in any way that the Application is suitable for use in other locations. Those who access or use the Application from other jurisdictions do so at their own risk and are solely responsible for compliance with local laws.

These limitations of liability apply to the warranties and disclaimers set out in this item and, where applicable, to all aspects of the provisions of these Terms of Use.

The Association shall not be liable to the User if, despite the protection measures, there is damage caused by loss or destruction of data, unauthorized access, unauthorized modification, unauthorized publication or other misuses, in particular if these circumstances are caused by force majeure, equipment failure, incorrect operation, the influence of other licensed and unlicensed computer programs, viruses and other harmful influence.

10. Customer support

The Association provides customer support to the User so that the User can report a problem with the use of the Application, with the User's personal data being subject to the Privacy Policy.

11. Transfer

These Terms of Use and all rights and permissions granted to the User may not be transferred or assigned by the User to any other person, but the Association may assign them to the User without restriction. Any transfer or assignment made by the User to another person shall be void and of no effect.

12. Application and ability to accept the Terms of Use

This Application is intended exclusively for persons over the age of 16.

13. Applicable law, dispute resolution

Anything not regulated in these Terms of Use shall be governed by the regulations or law of the Republic of Croatia. All disputes under this Agreement shall be settled amicably by the Parties. Any dispute or claim that may arise from the use of this website, in connection with these Terms of Use or in connection with the implementation thereof, shall fall within the jurisdiction of the court in Zagreb, with the application of the applicable substantive Croatian law and excluding the application of international law.

14. Personal data protection

With regard to the protection of personal data, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data shall apply.

By accepting these Terms of Use, you are informed about the provisions of the Privacy Policy regarding the protection of personal data.

In accordance with the Privacy Policy, the Association does not knowingly collect data from persons under the age of 16.

15. Applicability and modification of the Terms of Use

The Association publishes the valid Terms of Use within the Application.

The Association may change these Terms of Use at any time at its sole discretion, but it will always post the most current version within the Application; however, it is not required to send the User notices of changes to the Terms of Use.

Any User may request that the Association grant him/her access to the Terms of Use that were in effect for a certain period of time and are no longer in force.

The Terms of Use shall become effective on a date to be determined by the Association.

The Terms of Use and changes to the Terms of Use must be published at least 8 days before they take effect.

The Association shall have the right to unilaterally modify the Terms of Use and the changes to the Terms of Use and provisions in the manner and within the time period specified in this item.

16. Temporary unavailability, maintenance, modifications and upgrades

In exceptional circumstances, the Application may be temporarily unavailable due to the actions of third parties, technical issues or force majeure, which the Association will endeavor to rectify as soon as possible and for which the Association cannot accept any responsibility.

The Association will endeavor to perform all maintenance and upgrades in a manner that allows the User continued access to the Application.

In the event that any maintenance, modification or upgrade prevents access to the Application or any part thereof, the User will be notified.

Temporary unavailability of the Application cannot lead to a claim for damages by the User.

17. Transitional and final provisions

The User accepts that his/her rights of use may be automatically and immediately terminated by the Association, without specific notice, if the Association determines that the User or any person appointed by the User is not complying with the Terms of Use, and in all other cases at the Association's sole discretion.

No oral or written information or advice on the use of the Application given by the Association and its suppliers, distributors, agents or employees shall create any warranty effect or modify the application of these Terms of Use provisions.

If any provision of these Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the Terms of Use as a whole and they shall otherwise remain valid and enforceable under all conditions.

All limitations of warranties and liability and other provisions of these Terms of Use shall also apply to any end user, regardless of residency, etc.

The Application may contain third-party applications that would require specific additional terms. The use of the third-party application is subject to the provisions of their terms and then to these Terms of Use.

The provisions of these Terms of Use completely supersede any prior provisions, discussions, commitments, temporary or permanent, notices or advertisements relating to the Application, whether oral or written.

No distributor or affiliate of the Association is authorized to make any changes or additions to these Terms of Use.

The headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.

Any questions or concerns regarding these Terms of Use should be sent to our customer service department in writing to the following email address: gtf@zg.t-com.hr

The Application was created by Factory.hr

©2021 GTF – Inicijativa za održivi rast. All rights reserved.



These Terms of Use are effective as of 04.05.2021.