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Accept Terms of Use
FinAsistent.rs Terms and Conditions of Service Welcome to FinAsistent 1. Your relationship with Intens 1.1 FinAsistent is the internet location and project owned by „Intens“ DOO, Novi Sad, Novosadskog sajma 18 (hereinafter referred to as: Intens). The usage of Intens products, software, Services and Internet locations (hereinafter referred to as Services, excluding any other services provided to you by Intens based on a separate written agreement) is subject to the terms and conditions of the agreement between you and Intens. 1.2 Unless otherwise agreed in writing with Intens, your agreement shall comprise, at a minimum, the terms and conditions set forth in this document (hereinafter referred to as: General Terms and Conditions). 1.3. Your agreement with Intens shall, in addition to General Terms and Conditions, also include terms and conditions set out in any other legal notice (hereinafter referred to as: Additional Terms and Conditions). If Additional Terms and Conditions apply to any other service, you will be able to access them either within, or through your use of, that Service. 1.4. General Terms and Conditions, together with Additional Terms and Conditions, comprise a legally binding agreement between you and Intens regarding your usage of Services. It is very important to read them carefully. This agreement is hereinafter referred to as Terms and Conditions of Service Provision. 1.5. In case of any contradiction and/or inconsistency between Additional Terms and Conditions and General Terms and Conditions, then the Additional Terms and Conditions shall supersede any contradictions and/or inconsistencies regarding the interpretation and implementation of the respective Service. 2. Accepting the Terms and Conditions of Service Provision 2.1 In order to use the Services, you have to accept the Terms and Conditions of Service Provision. You may not use the Services unless you accept the Terms and Conditions. 2.2 You can accept Terms and Conditions by: (A) clicking to accept or agree option, where this options is provided to you by Intens, in the user interface for any Service, or (B) actually using the Service. In this case, you understand and agree that from then on your use of the Services will be treated by Intens as acceptance of the Terms and Conditions of Service Provision. 2.3 You are not allowed to use the Services nor to accept Terms and Conditions of Service Provision unless: (A) you are of age stipulated by law to be eligible to enter into contract with Intens, (B) your use of the Services is in line with laws of Republic of Serbia or other countries, including the laws of the country you reside in or in which you use Intens Services. 2.4 Before you continue, we advise you to print or save the copy of General Terms and Conditions for your own archive. 3. Provision of the Services by Intens 3.1 Intens software is constantly upgraded in order to provide best possible options for its users. You accept and agree that the form and character of the Services provided by Intes can be periodically changed without any prior notice. 3.2 As a part of constant innovation, you accept and agree that Intens may, if it finds appropriate and without any prior notice, stop (permanently or temporarily) providing the Services (or any function within the Services) to you or to users in general. You may stop using the Services at any time whatsoever. It is not necessary to inform Intens about your decision to stop using its Services. 3.3 You acknowledge and agree that, if Intens disables access to your account, you will not be able to access Services, your account details or any other files or content contained in your account. 3.4 You acknowledge and agree that, if Intens has not defined the upper limit for the number of data that you may have or the amount of space for data saving, Intens may, at any time and if it finds appropriate, set those upper limits. 4. Use of the Services 4.1 In order to access certain Services, as a part of registration process, or as a part of regular use of the Services, you may be asked to provide information about your company. You agree that you will provide accurate, correct and updated information for the purpose of registration. 4.2 You agree to use the Services allowed by (a) Terms and Conditions of Service Provision and (b) any other applicable law, regulation or generally accepted practice or guidelines in relevant legal systems (including any laws on data or software export to and from the Republic of Serbia or other relevant countries). 4.3 You agree not to access (or try to access) any Services in any other way but through the Interface provided by Intens, unless you have a special permission to do so, regulated by a separate contract with Intens. 4.4 You agree not to take part in any activity which obstructs or may obstruct the Services (or servers and networks which are connected to the Services). 4.5 Unless you have been specifically permitted to do so under the terms of a separate agreement with Intens, you accept and agree that you will not to reproduce, copy, duplicate, sell, trade, advertise and resell our Services for any purposes or any compensation whatsoever. 4.6 You accept and agree that you are the only person liable (and that Intens bears no responsibility towards you or any third party, natural and/or legal entity) for any kind of breach of your obligations determined by these Terms and Conditions, as well as for the consequences of any such breach (including any loss or damage which Intens, your company and/or third party may suffer). 5. Your Passwords and Account Security 5.1 You agree and understand that you are solely responsible for maintaining confidentiality of passwords for all accounts which you use to access the Services. 5.2 Consequently, you agree that you are solely responsible for all activities on your account. 5.3 Should you notice any unauthorized usage of your password and account, you agree and accept to immediately inform Intens thereof. 6. Privacy and Your Personal Information 6.1 For all information on Intens' privacy and information protection policies, please read Intens Privacy Policy. This policy explains the measures taken by Intens in order to protect your personal information and manner of protecting your privacy when using its Services. 6.2 You agree and accept to use your data in line with Intens Privacy Policy. 6.3 Intens shall not disclose your information to third parties nor shall it use it in any other way which is outside the scope of service operation and statistical overviews. 7. Service Content 7.1 You understand that for all information which are not explicitly stated as Intens Services and products (such as data files, written text, computer software, audio files or any other sounds, photographs, video files or other images) and which you may have access to as a part of, or through your use of, the Services, are sole responsibility of individuals who create those contents, and that Intens is not liable for its content, scope, type, quality, nature, purpose or any other not listed feature. All such information is hereinafter referred to as "content". 7.2 You should be aware that the contents presented to you as a part of the Services including, but not limited to, advertisements within the Services and sponsored Content within the Services may be protected by relevant intellectual property rights (copyright, patent, brand etc) which are the ownership of the sponsor or advertiser who provide respective content to Intens (or ownership or persons or companies on their behalf). You cannot modify, copy, rent, lease, sell, share or create derivative works resulting from (partly or fully) from the Content unless it was explicitly agreed in a separate written contract concluded between you and Intens or content owners. 7.3 Intens reserves the right (but shall have no obligation) to display, review, flag, filter, modify, refuse or remove in advance a part or whole Content from any of its Services. For certain Services Intens may provide tools for filtering out explicit sexual content. In addition, there are commercially available services and software which can restrict the access to material considered undesirable. 7.4 You accept that you may be exposed to content you might find offensive, indecent or undesirable. Therefore, you accept to use service on your own responsibility, and you shall not hold Intens liable for availability of those content. 7.5 You agree that you are solely responsible (and that Intens holds no liability toward you or any other third party natural and/or legal entity) for any contents created, transmitted or display during the usage of Services, a as well as for consequences of your actions (including any loss or damage that Intens may incur). 7.6 You accept that for certain specific Services and software Intens can set the price or subscription, by payment of which you acquire limited or unlimited right to use of the respective service or software. 8. Ownership rights 8.1 You acknowledge and agree that Intens (or Intens licensor) have all legal rights, ownership rights and a share in Services, including any intellectual property rights, which in this case are Services (no matter whether or not those rights are registered and wherever in the world those rights may exist). Furthermore, you agree that Services may contain information which Intens treats as confidential and that you will not reveal such information before prior written approval obtained from Intens. 8.2 Unless you have agreed in writing with Intens, you have no right whatsoever to use any of Intens trademarks, service trademarks, logos, domain names or any other specific brand features. 8.3 If you are, by virtue of a separate written agreement with Intens, entitled to use some of these trademarks, then you agree to use these trademarks in line with that agreement, any applicable provisions of terms and conditions and guidelines on usage of Intens trademarks. 8.4 In addition to limited permission as referred to in Section 10, Intens agrees and accepts not to hold any ownership rights or share the Content which you (or your licensors) submit, post, deliver or display within or through the Services, including all intellectual property rights which subsist in that Content (no matter whether those rights are registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protection and exercise of these rights and that Intens is not obliged to do that on your behalf, unless otherwise agreed in writing. 8.5 You agree that you shall not remove, withhold or change any information on rights (including copyrights and trademark) which may be added or are already included in the Services. 8.6 You agree that during the usage of service you will not use any trademark, service trademark or logo of any company or organization in the way which may or is intended to mislead or cause misunderstanding about the owner or authorized user of those trademarks, names or logos, unless you were explicitly entitled in writing by Intens to do so. 9. License Issued by Intens 9.1 Intens gives you a personal, worldwide, non-assignable and non-exclusive license to use the Intens software as a part of its Services (hereinafter referred to as Software). The sole purpose of this license is to enable you to use and enjoy the benefit of Services as provided by Intens, in the manner stipulated by Terms and Conditions of Service Provision. 9.2 You are not allowed to copy, modify, create derivative works based on the source code, do reverse engineering or decompilation or in any other way try to extract the software source code or any part thereof (and you may not allow anybody else to do so), unless this is explicitly allowed or stipulated by law or unless you were authorized in writing by Intens that you may do so. 9.3 Unless you were not authorized in writing by Intens, you may not assign (or grant a sub-license of) your rights to use the Software, grant a share over your rights to software usage or in other way transfer any part of your rights to use the Software. 9.4 You may use Intens Services and Software for your own needs, for providing Services to third parties on your behalf and for your account and derive profit based on such usage. 10. License for Your Content 10.1 You retain copyrights and any other rights you already hold for the Content you submit, post or display on or through Services. By submitting, posting or displaying the content you give Intens the lifelong, irrevocable, worldwide license, for which copyright fees are not paid and which is not limited. Based on this license Intens may copy, adjust, change, translate, publish, publicly use and display and arrange any content you send, post or display on Services or through them. The only purpose of this license is to enable Intens to display, distribute and promote Services and may be canceled for certain Services, as defined in Additional Terms and Conditions of provided Services. 10.2 You agree that this license includes the right of Intens to enable such Content to be available to other companies, organizations or individuals to which Intens provides joined Services and to use such content in relation to provision of such Services. 10.3 You accept that Intens, at the time of taking technical measures required for provision of Services to its users may (a) transfer or distribute your Content on various public networks and via different media and (b) change your Content in order to adjust it to technical requirements of connection networks, devices, Services or media. You agree that Intens may perform a/m actions by virtue of this license. 10.4 You confirm and guarantee to Intens that you hold every right and authority necessary for issuing a/m license. 11. Software Update 11.1 The software which you use may be automatically obtained from Intens and may be periodically updated. These updates are designed to enhance, improve and additionally develop Services and may involve error corrections, improvement of functions, new software modules as well as completely new versions. You agree to receive these updates (and allow Intens to deliver them to you) as a part of your use of the Services 12. Termination of cooperation with Intens 12.1 Terms and Conditions of Service Provision shall continue to apply until terminated either at your own request or at the request of Intens as stipulated in this document. 12.2 If you wish to terminate legally binding agreement with Intens, you can (a) inform Intens at any moment and (b) close your accounts for all Services you use, where enabled by Intens. You should send the written notice to Intens' address indicated at the beginning of these Terms and Conditions. 12.3 Intens may at any time terminate its legal agreement with you in following cases: (A) if you have breached any provision of Terms and Conditions (or conducted in a manner which clearly shows that you do not intend or are not able to act in accordance with provisions stipulated in Terms and Conditions); or (B) if Intens is legally obliged to do so (for example, if service provision has become illegal); or (V) if the partner with whom Intens offered the Services to you has terminated its cooperation with Intens or ceased to provide its Services to you; or (G) if Intens terminates to provide its Services to users in the country of your residents or in the country where you use the service; or (D) if providing Services by Intens, in Intens' opinion, ceased to be commercially viable. 12.4 Nothing in this Section shall affect Intens' rights regarding service provision as referred to in Section 4 of Terms and Conditions. 12.5 Upon expiry of these Terms and Conditions, all legal rights, liabilities and responsibilities which both you and Intens benefited from or which you were subject to (or which occurred during the period of these Terms and Conditions) or which are expressed to continue indefinitely, shall be unaffected by this cessation. Provisions referred to in Article 19.7 shall continue to apply to such rights, liabilities and responsibilities for indefinite period of time. 13. Exclusion of Warranties 13.1 Services are provided "as is", and Intens, its partners and licensors do not provide any guarantee for the Services. 13.2 Intens, its partners and licensors neither explicitly claim nor guarantee the following: (A) that your use of Services will meet your requests, plans, and/or desires of any nature, and requirements of your partners, associates, donors, sponsors etc. (B) that the usage of these Services shall be uninterrupted, secure, timely and error free. (V) that any information obtained from you as a result of your use of the Services shall be accurate and reliable and (G) that errors in the operation and functioning of any software provided to you as a part of service will be corrected. 13.3 Not a single condition, nor a guarantee or any other condition (including conditions regarding the quality, relevance and description matching) shall be applied to Services, unless it is explicitly stated in Terms and Conditions. 13.4 Nothing stated in Terms and Conditions, shall influence your legal rights as a consumer and which cannot be altered or avoided by legal agreement. 14. Limitation of Liability 14.1 Nothing stated in Terms and Conditions shall exclude or limit the liability of Intens for any loss which may not be lawfully excluded or limited by applicable law. 14.2 Intens, its licensors subject to overall provision in paragraph 14.1 above, shall not be liable to you for: (A) any direct or indirect losses incurred by you. This involves any kind of loss of profit (whether incurred directly or indirectly), any loss of client or business reputation, or any loss of data suffered; (B) any loss or damage which may be incurred by you as a result of: (i) any reliance on the completeness, accuracy or existence of any advertising, or as a result of relationship or transactions between you and any advertiser or sponsor whose advertising appears in the Services; (ii) any changes which Intens may make to the Services or for any permanent or temporary cessation in provision of Services (or any other possibilities and/or segments of Services); (iii) the deletion, corruption or failure to store any content and other communication data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Intens with accurate account information; (iv) your failure to keep your password or account details secure and confidential; 14.3 Limitations on Intens' liability to you referred to in Article 15.2 shall apply no matter whether Intens has been advised, or should have been aware of the possibility of occurrence of any such losses. 15. Copyright and Trademark Policies 15.1 It is the policy of Intens to respond to notices of alleged copyright infringement which are in line with international property law and to terminate the accounts of users who repetitively infringe the rules, as may be estimated by Intens. 16. Advertisements 16.1 Some of the Services are supported from advertising revenues and may display advertisements and promotions. These advertisements may be targeted to the Content of information stored on the Services, enquires made through the Services or any other information. 16.2 The manner, regime and extent of advertising by Intens regarding the Services are subject to change without prior notice. 16.3 As Intens guarantees access and use of the Services, you agree that Intens may place such advertising on the Services. 17. Other Content 17.1 Services may include hyperlinks to other internet locations, content or resources. Intens does not have control over any internet locations or resources which are provided by companies or persons other than Intens and is not liable for any content which is available in this way, nor for any kind of damage which you may suffer by downloading content, browsing through or visiting these internet locations. 17.2 You acknowledge and agree that Intens is not responsible for the availability of any external sites or resources and that it does not endorse any kind of advertising, products or any other materials available from such internet locations or resources. 17.3 You acknowledge and agree that Intens is not liable for any loss or damage which may be incurred by you as a result of the availability of these locations and resources or as a result of any reliance on the completeness, accuracy or existence of any advertising, products or other materials available on such internet locations or resources. 17.4. If any third party instigates a proceeding against Intens due to the damage it may have suffered as a result of your use of FinAsistent in any way, you acknowledge that you will defend, hold Intens harmless and indemnify to Intens any amount or other value which Intens may be obliged to pay and/or submit to the third party, within 30 (thirty) days from the day of payment/submission by Intens. 18. Change to the Terms and Conditions 18.1 Intens may periodically make changes to the General and Additional Terms and Conditions. When these changes are made, Intens will make a new copy of General Terms and Conditions available on the Internet and any new Additional Terms and Conditions shall be made available to you within or through changed Services. 18.2 You accept and agree that if you use the Services after the date on which General and Additional Terms and Conditions changed, Intens will treat your use as acceptance of updated General and Additional Terms and Conditions. 19. General Legal Terms and Conditions 19.1 It may be that sometimes when you use the Services, you may (as a result of use or during the use of the Services) use a Service or download software, or purchase goods provided by another person or a company. Your use of other Services, software or goods may be subject to separate terms and conditions which are different for you and for the company or respective person. In that case, the Terms and Conditions shall not affect your legal relationship with these other companies or individuals. 19.2 The Terms and Conditions compose the whole legal agreement between you and Intens and govern your use of the Services (but excluding any Services which Intens may provide to you under a separate written contract) and completely replace any prior agreements between you and Intens with regards to the Services. 19.3 You agree that Intens may send you notices via e-mail, regular mail, or notices on the Services, including notices regarding conditions of use of the Services. 19.4 You agree that if Intens does not exercise or enforce any legal right or remedy contained in Terms and Conditions (or which Intens has advantage over under any applicable law), this will not be taken to be a formal waiver of Intens' rights and that those rights or legal remedies shall still be available to Intens. 19.5 If any court of law, with the jurisdiction to decide on this matter, decides that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions shall continue to be valid and enforceable, and the invalid one shall be replaced by new. 19.6 The Terms and Conditions and your relationship with Intens in line with these Terms and Conditions shall be governed by laws of the Republic of Serbia, apart from provisions of conflicting laws of the Republic of Serbia and other countries. In case of dispute arising from these Terms and Conditions, Intens and you agree to be under jurisdiction of Novi Sad court of law. Notwithstanding this, you agree that Intens shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction. Novi Sad 27 November 2008
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