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Introduction

In this Agreement, "Provider" and "we" mean KAKTUS GOSTINSKE STORITVE D.O.O. (SI49513311), the company that is providing the Services to you (the "User") and with whom you are entering into this Agreement. The terms "User" and "you" mean any user of the Services. This Agreement defines Provider’s terms and conditions and politics for use of the Services that are referenced in this Agreement (collectively the "Provider's Policies").

These Terms of Use (this "Agreement") apply to your access or use of the Provider websites and applications (collectively the "Provider's applications") and the content, features, and services (the "Services") made available by the Provider.

By accessing or using the Services or by agreeing to this Agreement you acknowledge that you have read, understand, and agree to be bound by this Agreement and that you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including if applicable purchasing, giving, using, or redeeming any Provider Gift Card or Merchant Gift Card (as such terms are defined herein)).

Policy revisions

The Provider may update or revise this Agreement (including any other Policies) regulary. You agree that you will review this Agreement periodically. You are free to decide whether to accept a modified version of this Agreement but accepting this Agreement as modified is required for you to continue using the Services. You may have to manually agree to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by the Provider, any use of the Services is subject to the version of this Agreement in effect at the time of use.

Reservations

1. Reservations

Provider makes available reservation services (the "Reservation Services") and waitlist services (the "Waitlist Services") through the Provider's applications to enable Users in securing reservations or joining a waitlist at participating third-party Service providers (each referred to as a "Service provider"). In response to a User’s online request for a Service provider reservation or to join a waitlist through the Provider's applications, the Provider contacts the Service provider’s computerized database of reservations and waitlists as applicable. The availability of reservations and place in line on a waitlist is determined at the time of the User’s query and is based on information provided to the Provider by the Service provider. Once a reservation or waitlist request is made by the User using Provider's applications, the Provider will provide confirmation of the reservation or waitlist status to the User by email, SMS or other electronic messages, as agreed by the User. By using the Reservation Services or Waitlist Services, the User agrees to receive reservation and waitlist confirmations, modifications, reminders and/or cancellations by email, SMS or other electronic messages.

2. No-Show Policy

In order to maintain a consistently high level of service for the Service providers and their Users, Users must cancel any reservations they will be unable to honor in accordance with the reservation policy accepted when creating a reservation or joining a waitlist at the Service provider. You may cancel your reservation via the Provider's applications (a link is provided in most communication messages) or by contacting the Service provider directly. Some Service providers may require entry of a debit/credit card in order to complete your reservation. To use the Reservation Services for these Service providers, you must provide valid debit/credit card information. To confirm that your debit/credit card information is accurate, we may place a temporary authorization on your debit/credit card upon submitting the information. You may be required to cancel your reservation in accordance with the Service provider’s cancellation policy, which is defined upon the reservation. The Provider uses this debit/credit card information as described in our privacy policy and shall not be liable for any charges made to the debit/credit card account for failure to cancel your reservation in accordance with a Service provider’s cancellation policy.

If you are unable to fulfil your reservation, and you fail to cancel the reservation according to the Service provider's reservation policy in advance, the Provider will send you an email indicating that our records show you were a no-show. Upon arriving at the Service provider, it is the User’s responsibility to notify the host that the User has a reservation and its associated identification. By using the Reservation Services, the User agrees to receive no-show notifications by email/SMS after a report that the reservation was not honored regardless of whether that was the case. Your Account will be suspended if you are a no-show for six reservations within a 1-year (12-months) period. If you receive a no-show notification email and/or no-show charge in error, please contact us at [email protected] for information on how to dispute it. The User agrees that all final no-show determinations will be made by the Provider at its sole discretion. If you wish to remove yourself from a waitlist you have joined through the Waitlist Services, you can do so by managing your place in line through the Provider's applications or by calling the Service provider. Failure to appear at the Service provider in a timely manner may result in the Service provider bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.

3. Usage Guidelines

Users agree to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Service providers and to honour those reservations or waitlist requests by arriving at the Service providers on time and ordering and paying for selected services. Users further agree not to create more than one reservation or join more than one waitlist for their personal use during any one service time slot. Administrative assistants and/or concierges may be able to book multiple reservations through the Provider’s Administrative Assistant and/or Concierge programs subject to any applicable program terms. Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist, or termination of your access to the Services.

Payments and Gift Cards

The Provider may offer additional services, including payment services provided through the Provider’s applications (the "Payment Services"), as well as both electronic and physical gift cards issued by the Provider (each referred to as a "Provider Gift Card"). Additionally, third-party Service providers may offer electronic gift cards and gift certificates (each referred to as a "Merchant Gift Card"), among other services.

Terms of all Services

1. Privacy Policy / GDPR

The Provider is dedicated to protecting your privacy online. For more information on how we collect, use, and disclose data, please refer to our privacy policy

2. Your Account

You may optionally create an account with the Provider through the Provider's applications (your "Account") to use services like Reservation Services, Waitlist Services, or to purchase or redeem Provider and Merchant Gift Cards. However, an Account is mandatory to use the Payment Services. When registering, you must provide accurate, current, and complete information about yourself ("Registration Data"). You are also responsible for keeping this data updated. You are solely responsible for maintaining your Account’s confidentiality and for all activities occurring under your Account, unless required by law. Notify the Provider immediately if you become aware of any unauthorized use of your Account or any other security breaches related to the Services.

3. Communication

By using our Sites and Services, you agree that the Provider may communicate with you via email, text message/SMS, or mobile push notifications, as outlined in our privacy policy.

4. Technical Requirements

Access to the Services requires an internet connection via your computer or mobile device. You are responsible for any data or text message charges resulting from your use of the Services. Text message-based services require an active account with a mobile carrier, and prepaid phones are not supported. The Provider does not guarantee compatibility with all devices or mobile carriers. Some features may require JavaScript, and may not be accessible if disabled.

5. Modifications to Services

The Provider reserves the right to change or modify the Services at any time without notice. This may include removing, adding, or modifying portions of the Provider's applications, Service providers, or Merchants. The Provider is not liable for these changes. If you disagree with these modifications, your only remedy is to stop using the Services. Continued use implies your acceptance of any changes.

6. Intellectual Property Rights and Grant of Rights to User

The Services and all associated content (collectively, "Provider Content") are protected by intellectual property laws, including copyright, trademark, and patent laws. Provider Content is provided to Users solely for permitted use under these terms. Unauthorized use of Provider Content constitutes a breach of this Agreement. The Provider and its licensors retain all rights to the Services and Provider Content, including any patents, trademarks, and copyrights. No rights are granted to Users beyond those explicitly outlined in this Agreement.

Application License

Subject to the terms and conditions of this Agreement, the Provider grants Users a non-exclusive, non-transferable, revocable license to use the Provider’s mobile applications on compatible devices solely to support the permitted use of the Services.

Use Restrictions

The Services and Provider Content are offered solely for personal use as described in this Agreement. All other uses are prohibited. The Provider as well as the Service provider reserves the right to refuse service, terminate accounts, remove or edit content, cancel reservations, or deny access at its sole discretion. You agree not to:

• Use any automated or manual methods to access, copy, or monitor the Services or Provider Content, unless expressly permitted;
• Take actions that place an excessive load on the Provider's infrastructure;
• Interfere with the functionality of the Services;
• Rent, lease, sublicense, or otherwise provide access to the Services or Provider Content to third parties;
• Use the Services or Provider Content for third-party products or services;
• Attempt to reverse engineer or access non-public elements of the Services, unless permitted by law and with prior notice to the Provider;
• Create derivative works from the Services or Provider Content;
• Remove proprietary notices in the Services or Provider Content;
• Use the Services for illegal purposes;
• Publicly disseminate information regarding the performance of the Services for competitive analysis or benchmarking purposes.

Not all services and features may be available to all users in all locations. The Provider reserves the right to limit any services or features in its sole discretion.

Export Control

Provider applications and Services must not be used, exported, or re-exported in violation of applicable law, including European export laws. By using the Services, you represent that you are not located in a country under European Union embargo or listed on any prohibited or restricted parties list.

Termination

The Provider reserves the right to suspend or terminate your access to the Services at any time, without notice or explanation. This includes cases of suspected violation of this Agreement. The Provider is not liable for any termination or its effects. You may discontinue use of the Services at any time, but the Provider is not responsible for content deleted from your Account upon termination.

Reviews, Comments, Communications, and Other Content

The Services may allow you to submit content such as reviews, comments, ratings, images, videos, text, and other information (referred to as "User Content"). User Content must not violate laws, be defamatory, or infringe on the rights of others. You may not submit User Content for which you are compensated. The Provider reserves the right to remove or edit User Content that violates these terms but does not routinely monitor submissions. By submitting User Content, you grant the Provider a worldwide, perpetual, non-exclusive, royalty-free license to use, modify, and distribute your User Content across all media. You represent that you have the necessary rights to grant this license.

Your Representations and Indemnity

You represent that you own or control all rights to any User Content you submit, that the content is accurate, and that its use by the Provider does not violate this Agreement or cause harm to others. You agree to indemnify and hold harmless the Provider and its affiliates from all claims related to your User Content, use of the Services, or breach of this Agreement.

Disclaimer of Warranties

The Services are provided on an "as is" basis, without warranties of any kind, express or implied. The Provider does not guarantee uninterrupted or error-free use of the Services and disclaims all warranties related to merchantability, fitness for a particular purpose, and non-infringement. The Provider is not responsible for issues beyond its control, including internet or communication failures. These disclaimers apply to the maximum extent permitted by law.

Third-Party Websites, Applications, and Services

The Services may contain links to third-party websites and applications. These links are provided for convenience, and the Provider is not responsible for the content or functionality of third-party services. Access to the Services via third-party platforms, such as Apple, Google, or Microsoft, is subject to the terms of those platforms, but they are not responsible for the provision or support of the Services.

Liability Limitations

Except as specifically provided, the Provider is not liable for any indirect, special, or consequential damages arising out of this Agreement, the use of the Services, or interactions with Service providers or Merchants. If you reside in the United Kingdom or European Union, certain limitations of liability may not apply, including those related to willful misconduct, gross negligence, or injury to life or health. In all other cases, liability is limited to fifty US dollars ($50). This allocation of risk is a fundamental part of this Agreement.

Release

Service providers and Merchants are responsible for their own interactions with Users. The Provider is not liable for any claims, damages, charges, or injuries resulting from interactions with Service providers or Merchants. Users are expected to resolve disputes directly with Service providers. To the maximum extent permitted by law, you release the Provider from all related claims.

Severability

If any provision of this Agreement is found to be invalid, the remainder of the Agreement shall continue in full force, with the invalid portion deemed omitted.

Waiver

No delay or waiver of any provision or right under this Agreement shall be construed as a continuing waiver or prevent enforcement of any provision or right.

Assignment

This Agreement and its rights and obligations may not be transferred by Users, but may be freely transferred, assigned, or delegated by the Provider.

Choice of Law

This Agreement is governed by the laws of the European Union. However, you may also be entitled to additional consumer protection rights under your local laws.

Last Updated

July 23, 2024