Cleanie Cleaner Terms of Use
General provisions
These Terms of Use govern the rights and obligations in connection with the use of the Cleanie and Cleanie Cleaner Applications, and related service provided at the Internet address: www.cleanie.io (hereinafter: Application)
"Candidates for Cleaners" (hereinafter referred to as "Candidates for Cleaners") refers to a company or individual who advertises through the Service Provider platform to provide cleaning services. Candidates for Cleaners are independent from Cleanie and are not an employee, agent, representative, or subsidiary of Cleanie.
The Cleanie application is an IT service (hereinafter: Service Provider). The application is a technological platform where users who need to find a cleaner can find one among the people who advertise on that platform, and agree on the terms and details of the cleaning service, while paying a fee for using the Application. The Cleanie Cleaner application is an IT service where all necessary notices and information on engagement for users of the Cleanie Application are provided to who registered and advertise as candidates for cleaners.
These Terms of Use represent the provisions of the contract between the Service Provider and each individual candidate for cleaner-user of Application Cleanie Cleaner which by his/her acceptance concludes with the Service Provider and represent its integral part. Service Provider enables candidates for cleaners use of the application in a manner described in this Terms of use only.
Candidates for cleaners, by accessing and using the Application, agree to the Terms of Use and thus conclude an adhesion contract with the Service Provider.
Each access to the contents of the Application is subject to these Terms of Use.
The service that Service Provider provides through the Application is primarily regulated by the Law on Electronic Commerce, the Law on Obligations, the Law on Advertising, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on the Protection of Personal Data, as well as other regulations of the legal system of the Republic of Serbia in issues which are not regulated by the aforementioned laws.
The Service Provider is committed to the application of all laws and by-laws that regulate and protect personal data of natural persons and copyrights, in accordance with the rules of the IT profession, good business practices and in accordance with the positive legal regulations of the Republic of Serbia.
The application does not represent a professional consulting service or mediation in employment, nor is it a substitute for the same. The Application does not represent any other services that are not specified in these Terms, nor are they provided or provided by the Service Provider except for the service of the IT service provider as described in these Terms of Use. The service provider only guarantees that the identity of the persons registered on the Application as candidates for cleaners is correct, as it has been previously verified. For all other content on the application that is added by the user of the application, or candidates for cleaners, the Service Provider is not responsible for its accuracy.
Candidates for cleaners are not employed by the Service Provider. Hiring the Candidate for cleaners creates a relationship between him/her and the Application User for which the Service Provider has no responsibility.
The Service Provider has the right, but not the obligation, to remove any content from the Application at any time.
Integrity and description of the Application
The application is created to enable users to find a candidate for cleaner among the persons who are advertising on the application as candidates.
The Application Cleanie Cleaner is created for Candidates for cleaner registered on Application Cleanie Cleaner and their Services are advertised on Application Cleanie, as platform for notices and information on engagements by Users of Application Cleanie.
Any use of the Application in its entirety or in any part of it that does not comply with the Terms of Use will be considered a misuse of the services provided by the Service Provider and a violation of the Terms of Use.
The Service Provider will, on each occasion, provide full support for the protection of personal rights, privacy, property rights and intellectual property rights to all holders of those rights or those whose rights have been violated, by, without delay:
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upon a reasoned request, supported by appropriate documentation, remove the content so that it is not publicly available, and save the content for the purposes of proof,
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to submit to the competent authority, upon request, information about the user whose input violates one of the listed or other rights, all in accordance with the positive law of the Republic of Serbia.
The Service Provider allows candidates for cleaners to advertise on the Application Cleanie free of charge, and users of the Application Cleanie to have access to candidates for cleaners, their data and user ratings.
The service provider reserves the right to change, cancel (either temporarily or permanently) any element of the Application, the services it provides, as well as the content related to those elements, without prior approval or notification, with the application of good business practices.
All timelines and deadlines shown through the Application, as well as the time zone and working days are calculated according to the valid regulations of the Republic of Serbia.
The application may also contain links to other websites or applications, where the Service Provider is not responsible for the content.
Copyright
The Service provider as an author has exclusive copyright and intellectual property rights on the Application, as well as on its elements such as: text, visual and audio elements, visual identity, data and databases, program code and other elements of the Application.
Unauthorized use of any element of the Application, or the Application itself, without prior permission in writing issued by the Service Provider as the holder of exclusive copyrights, will be considered as violation of the copyright of the Service Provider and it would be subject to all prescribed and permitted legal procedures.
The Application may also contain elements where exclusive copyright, trademark and other intellectual property rights are held by other parties, such as the contents created by the Application users, the contents created by business partners, advertisers etc. Other creators of content have sole responsibility for the content where they are the holders of those rights, regardless of the fact that such content is uploaded on the Service Provider's Application.
By uploading its content on the Application, the user agrees to make it visible to every user of the Application, under the conditions and in the manner set out in these Terms of Use. Further transfer of the content or part of the content created by users from the Application is allowed only with prior consent of the Service Provider which is mandatory, with a note that the content was downloaded from the Application, and the indication of the appropriate link where the downloaded content is located. The Service provider has sole responsibility only for the copyrighted content.
Each person is independently responsible for the content that is his/her own work, i.e. for the content that he/she independently uploaded and made publicly available via the Application.
Users of Application Cleanie Cleaner
Users of Application Cleanie Cleaner are voluntarily, with no registration fee, registered as candidates for cleaners-users of Application Cleanie Cleaner, in accordance with procedure regulated by this Terms of use.
Users of Application Cleanie Cleaner, when registered, have right to advertise, in accordance with this Terms of Use, which would be visible to users of Application Cleanie, which is a platform for their hiring.
User of Application Cleanie Cleaner, with registration of their profile on Application, unconditionally, under criminal and material responsibility, accept all obligations defined by this Terms of Use.
User of Application Cleanie Cleaner, is using application with his/her phone, where on each sign in, 6 digit code will be sent from the Application. The User can notify the Service Provider if he/she suspects unauthorized use of his/her access data.
The registered user retains all copyright and related rights to the content he authored. The registered user guarantees that he is the owner or user of all necessary copyrights on the entire content, as well as on all its individual parts, which he places on the Application. Any possible violation of copyright or related rights, as well as other intellectual property rights, is solely the responsibility of the registered user who posted the content.
A registered user can upload different content at the same time. Posting content on the Application does not restricts the registered user from posting or publicly announcing the same content elsewhere. The registered user can, without any explanation or notice, at any time, request the uploaded content to be erased or modified. The service provider will erase or modify such content upon receipt of the request without delay, except for content that is in backup copies that are systemically generated and whose content cannot be affected.
By placing content on the Application, the registered user unconditionally and irrevocably authorizes the Service Provider to transfer the content to an unlimited number of persons.
Registered user has right to notify his/hers availability for hiring as cleaner for users of Application Cleanie at any time, so as his/hers availability on Application Cleanie Cleaner.
The registered user may, without any explanation or notice, at any time terminate his/her status as a registered user by deactivating account or by submitting a request to delete user account.
By deactivating the account, the registered user disables the use of user data on the Application with the possibility of reactivation, while deleting the user account permanently removes user data from the Application.
Registered users of Application Cleanie Cleaner
Registration on the Application for natural persons is free of charge and available to all visitors.
The minimum age for registered natural person is 18.
By using the Cleanie Cleaner App, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
During registration, a natural person is obliged to fill out a form with personal data. These data are used in accordance with the Personal Data Protection Act as well as in accordance with the Notice on the Processing of Personal Data, which is displayed on the Application.
By creating an account, the Application allows users the access, with the possibility of using all the services and functionalities that the Application offers
With registration on Application Cleanie Cleaner Candidates for hiring as cleaners – Application Users have the following rights:
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Online training for use of Application;
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Advertisement of their profile on Application Cleanie with all necessary data, users mards and comments;
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Data on user of Application Cleanie who is engaging him/her as cleaner and technical support during the process;
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Access to communication with helpdesk and coordinators of Application, where the user accepts that telephone conversations are recorded in order to improve the service of the Application;
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Account deactivation – The user can activate, deactivate or delete his user account at any time. A deactivated account can be reactivated by the user at any time. In the case of deactivating the account or deleting the biography by the user, the Service Provider does not guarantee that some users who have the right to search through the Application did not store the data contained in the application submitted by the user when applying, nor that this data will not be used later for the purpose of contacting the person whom data they have stored;
Advertising and advertising message
The transmitter of the advertising message is an entrepreneur who is an information society service provider and provides advertising services exclusively via the Internet.
The person who advertises through the Application is not obliged to submit an Advertising Declaration in accordance with Article 45 of the Law on Advertising, in connection with Article 19, but is obliged to clearly identify itself in order to be able to use the advertising service.
The person who advertises is solely responsible for the content, accuracy, correctness, validity, or permissibility of the advertising message, as well as for all legal consequences arising from placing the advertising message on the Application. The service provider reserves the right, but has no obligation, to perform proofreading in order to maintain the quality of the service, i.e. correct spelling and grammar corrections, which doesn’t affect the content that the user uploaded through the Application.
The Service provider reserves the right not to publish content that violates the provisions of the laws of the Republic of Serbia, especially the Law on Advertising. In the case of receiving such an ad, the Service Provider will contact the advertiser to inform them of the reasons for not publishing such content. The service provider may at any time refuse to post any advertising message that violates the provisions of the Law or these Terms of Use.
The service provider by transmitting advertising messages does not mediate employment. The service provider in no way participates in the process of concluding a contract of any kind between the Advertiser-candidate for cleaner and the User, individual. Also, by transmitting advertising messages, the Service Provider does not in any way determine or influence the content of any employment contract concluded by the contracting parties independently.
Placement of advertising messages – advertisements
Candidates for cleaners submit their data to the Service Provider, which includes: personal data (name and surname, date of birth, country of birth, country of residence, phone number, languages spoken by the candidate, email), and a photo of their ID card, their photo with the ID card, and photo of document that no criminal proceedings are being conducted against the candidate. According to the provisions of the Advertising Act, there is no obligation to submit an Advertising Declaration for Internet advertising. If all mandatory fields are filled in correctly, and all requested documents are submitted and if the ad does not contradict the provisions of the Terms of Use, it is then published on the Application and becomes available to Application Users within 24 hours from the moment when it is submitted.
Service payments
Candidates for hiring as cleaners – Users of Application does not pay any fee to the Service Provider for their advertisement on Application Cleanie nor for use of Application Cleanie Cleaner.
Candidates for hiring as cleaners – Users of Application are paid for their service by Users of Application Cleanie directly, with prices that are known to the Users of Application Cleanie in the moment of hiring of cleaners.
Registered users for using the Application pay the price by withdrawing funds from the User's card whose data the User submitted to the Application. The price of using the services of the Application is paid at the moment when the User of the Application engaged Candidate for cleaner, through the application.
If the Application User has not paid for the service to the Candidate for cleaner, and the same has been performed, the Candidate for cleaner has the right to inform Service Provider, who has right to investigate this information and, upon conducted investigation decide whether will charge for his service by withdrawing funds from the Service User's card, or dismiss the charges.
The price of hiring the candidate for cleaner and the same work will not be paid to the Service Provider, nor does the Service Provider have any responsibility or role in paying the price at which the candidate is hired.
If the user of the Application does not pay for the engagement of the cleaner, and the Service Provider is informed about this, the Service Provider may exclude the User from further use of the Application.
These terms of use explicitly prohibit Cleaners from taking direct orders for cleaning from Users of Application. In case that User hires a Candidate for cleaner who initially was engaged with use of Application, avoiding Application, Service Provider has right to block this Cleaner’s account and press charges against him/her.
Notice
The Candidate for Cleaner is informed that the Service Provider may periodically send him/her notifications related to the content of the Application, notifications regarding the functioning of the Application, news from the Service Provider, as well as other notifications of this type.
The Candidate for Cleaner accepted the main reasons for his/hers misconduct:
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bringing 3rd parties to the User without prior approval of Service Provider
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fraud to Service Provider (including creating of new accounts after restriction)
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trying to negotiate different price with the User from the price that is stated in the Application
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trying to negotiate with the User to order next time without using the Application
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missing the order without contacting User or Service Provider
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any kind of theft from the User
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lying about criminal charges
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physical damage to Users property or to the User
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being intoxicated, drunk or under any other substances during the Order
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constantly receiving bad ratings from Users
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rejecting Users obligations during the Order
Guidelines
Registered users are obliged to respect the Guidelines stated here when creating content.
The Service Provider has the right, but not the obligation, to remove or not publish content posted by any registered user on the Application without explanation, especially if that content, at the discretion of the Service Provider, includes (but is not limited to):
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personal names;
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overtly offensive content or content that promotes racism, bigotry, hatred or physical harm of any kind, which is directed at any group or individual;
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harasses or promotes harassment of another person;
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exploits people in a sexual or violent way;
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contains nudity, excessive violence or offensive content or contains links to adult websites;
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requests personal information from persons under the age of 18;
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publicly publishes information that represents or creates a risk to the privacy or security of any person;
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contains or promotes information that it knows to be false or misleading or promotes illegal activities or whose content is offensive, intimidating, threatening, obscene or defamatory;
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contains or promotes an illegal or unauthorized copy of another person's copyrighted work;
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includes transmission of unsolicited mail, circular letters or bulk mail, instant messages, i.e. "spam";
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contains pages with restricted access or pages that can only be accessed with the help of a password or hidden pages or images (those not linked to other pages);
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encourages or promotes criminal activities or business or provides instructions for the performance of illegal activities, including but not limited to making or buying illegal weapons, violating someone's privacy, or finding or creating computer viruses;
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solicits passwords or personally identifiable information for commercial or unauthorized purposes from other users;
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includes commercial activities and/or sales without the prior written consent of the Service Provider;
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includes a photo or video of another person that is posted without that person's consent;
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violates privacy rights, publicity rights, anti-defamation rights, copyrights, trademark rights, contract rights or any other personal rights.
The following are examples, without limitation of any kind, of activities that are prohibited or prohibited on the Application:
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criminal or tortious activities, including child pornography or erotica, fraud, distribution of pornographic content, distribution or consumption of drugs, gambling, harassment, stalking, "spam", pyramid schemes, Ponzi schemes, sending viruses or other harmful files, copyright infringement, patent infringement or trade secret theft;
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advertising to users or offering to buy or sell any products or services through unauthorized or unauthorized ways of using the Application
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bypassing or modifying, attempting to bypass or modifying, encouraging or helping others to bypass or modify any of the security technologies or software that are part of the Application;
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forging TCP/IP packet headers or any part of the information in the header in any posting or otherwise using the Application to send altered, fraudulent or false source-identifying information;
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activities that include the use of viruses, bots, worms or other computer codes, files or programs that interrupt, destroy or limit the functioning of computer software or hardware or otherwise allow unauthorized use or access to a computer or computer network;
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interfering with access to the Application by any user, host or network;
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covering or obscuring banner advertising on the user's profile page or any page of the Application via HTML/CSS or otherwise including HTML, CSS or other coding on the user's profile page, including but not limited to any hidden or otherwise surreptitiously contained code in the Submitted Content unrelated to the nature of the Submitted Content;
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any automated use of the Application, such as but not limited to the use of scripts to send images or videos;
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interfering with, interrupting or creating an undue burden on the Application or on the network or services connected to the Application;
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false representation or attempted false representation in the capacity of another legal or natural person;
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using the access data or username of another user at any time or giving the password to third parties or allowing third parties to access a user account that is not theirs;
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sale or transfer of the user profile in some other way;
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using information obtained from the Application to harass, abuse or injure a person and attempt to do so;
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unauthorized commercial advertisement on the user's profile or acceptance of payment or anything of value from third parties in exchange for performing commercial activities through unauthorized or unauthorized use of the Application on behalf of that person;
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deleting or otherwise modifying notices of copyright, trademarks or other proprietary rights that appear on user content, unless it is user-uploaded content;
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using meta tags or other hidden text or metadata using the Company's name, trademark, URL address or product name without the prior express permission of the Company;
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attempt to probe, scan or test the vulnerability of any part of the Application or breach any security or identity verification measures;
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collecting or storing personal data about other users without their express permission;
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falsely representing a connection with a person, through a pre-sent text, or other form of social engineering or other types of fraud;
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using the Services in a manner that does not comply with any applicable laws and regulations or violates the Application or network security.
The Service Provider has the right, but not the obligation, to monitor all user activity and user content associated with the Application, and may investigate any reported violations of its Terms and other reports and may take any legal or technical action it deems appropriate. The Service Provider will investigate the circumstances that may involve such violations and may invite cooperation and cooperate with the competent government authorities during the identification, investigation, or prosecution of persons involved in that violation of the Terms of Use, or violation of the law. The Service Provider reserves the discretion to use all legal remedies, including but not limited to the removal of the User's account and User Content, and to immediately suspend all Service Provider services used by the User, in the event of any violation of these Terms.
Limitation of liability
The User expressly accepts that the Service Provider is under no circumstances responsible for the behavior of other users or third parties, as well as that the risk of possible damage is entirely borne by those persons, in accordance with the applicable legislation of the Republic of Serbia.
Texts and other content that users leave on any part of the Application (for example in comments and similar) must be accurate and correct. The user who entered the data is solely responsible for the accuracy and correctness of the entered data. Accuracy implies that the content comes from a competent source and/or the user's personal experience. Correctness implies grammatical and spelling compliance.
The service provider does not guarantee accuracy, reliability, or the content posted by the user. The service provider does not initiate the transmission of the electronic message submitted by the service user, does not select the data or documents to be transmitted, does not exclude or substantially change data in the content of the message or document, and does not select the recipient of the transmission. The service provider reserves the right, but has no obligation, to perform proofreading in order to maintain the quality of the service, i.e. correct spelling and grammar corrections that do not in any way affect the data and integrity of the data that the user uploads through the Application.
This limitation of liability provision applies to all damages (material and/or immaterial) or injury that could arise from hidden defects, errors, interruptions, deletions, malfunctions, delays in operation or transmission of computer viruses, interruptions in communications, theft, destruction or unauthorized access to data, change or misuse of data by third parties, termination of contract, behavior contrary to the Terms of Use, negligence, etc.
Except in the case of intent or gross negligence, the Service Provider is not responsible for any temporary unavailability of the Application, nor for partial or complete non-functioning or incorrect functioning of the same. The service provider is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the above.
As an information society service provider, the Service Provider is not responsible for any content posted by another person, the user, including but not limited to the advertising message it transmits because it neither initiates the transmission nor selects the content that is transmitted nor has it excluded or modified the data in to the content being transmitted, nor has it chosen the recipient of the transmission, that is, the recipient of the content.
The service provider does not guarantee the behavior of third parties or its users. The service provider, among other things, does not provide any guarantees that the Candidate who advertised will be contacted by third parties regarding that advertisement (that is, that they will conclude the legal business that is the subject of the advertisement), nor that the available information will contain accurate and true data.
The application may be temporarily unavailable or available to a limited extent, as a result of regular or extraordinary system maintenance or in case of system improvement.
Jurisdiction and Dispute Resolution
Positive legal regulations of the Republic of Serbia apply to all matters not regulated by these Terms of Use. The applicable positive legal regulations of the Republic of Serbia apply to all disputes that may arise between the Service Provider and the user in connection with the use of the Application. The service provider and the user undertake to try to resolve the dispute amicably, and if they fail to do so, the Commercial Court in Belgrade is responsible for resolving the dispute for legal entities, or the Second Basic Court in Belgrade for natural persons.
Final provisions
The service provider has the right to change or amend these Terms of Use at any time, by publishing the changes and amendments in a refined text on the Application and sending an email to all registered users, at least eight days prior the day of their application. If the already registered user gives an explicit answer (by clicking on the link to accept the Terms of Use), it will be considered that he/she agrees with the new Terms of Use. If an already registered user expressly (by clicking on the link for not accepting the Terms of Use) does not accept these Terms of Use, it will be considered that his user status has ended, he/she will be prevented from using the account, and the contractual relationship will be terminated according to the previous Terms of Use. These Terms of Use begin to apply on the day of their publication on the Application. Each printed copy of these User Terms produces full legal effect based on the provisions of the Law on Electronic Documents and its validity or probative force cannot be contested.