Special Terms and Conditions for the use of ALITA Capital d.o.o. website

Definitions

1. Alita Capital d.o.o.is a company with registered offices at Dunajska cesta 144a, 1000 Ljubljana, Slovenia

2. The User is a user of the Alita Capital d.o.o. website and/or individual services accessible through the website Alita Capital d.o.o.

3. The Website is Alita Capital d.o.o. website, available www.alita-capital.com

4. The Service is any service, the use of which Alita Capital d.o.o. enables to the users through the website.

5. General Terms and Conditions are the General Terms and Conditions for the provision of Alita Capital d.o.o. services. General Terms and Conditions are published on the website.

6. Special Terms and Conditions are the Special Terms and Conditions for the use of the Alita Capital d.o.o. website, which determine the terms, restrictions and methods of using the website and services.

7. Instructions are the instructions that Alita Capital d.o.o. may issue for the use of each service. Instructions regarding the use of an individual service complement these Special Terms and Conditions.

8. The content includes all data, information, materials and other content published on the website, including, but not limited to, texts, pictures, photos, music, video content, software, audio content, graphics, trade names, service marks and more.

9. Alita Capital d.o.o. independently determines the offer of services and conditions of service provision, as well as everything else related to the website.

10. The user is obliged to use the website and services in accordance with the General Terms and Conditions, Special Terms and Conditions, Instructions and applicable regulations, in a manner and in content that is consistent with the purpose with which Alita Capital d.o.o. provides the website and services. In the event of any breach of these Special Terms and Conditions (such as the abuse of the website and/or service, violation of Point 15 of these Special Terms and Conditions), the user – infringer is liable to Alita Capital d.o.o. and third parties for all the damage incurred, and Alita Capital d.o.o. has the right to disable the user from continuing to use the website and services.

11. The user is obliged to use the website and services exclusively for non-commercial purposes. Use of the website and services for downloading harmful programmes (such as viruses), as well as any other abuse of the website and services is prohibited. The user is liable to Alita Capital d.o.o. for all damages that Alita Capital d.o.o. incurs if the user uses the website and/or services for commercial purposes or uses the website and/or services for downloading malicious programmes, as well as if the website and/or services are abused in any other way.

12. Content owned by Alita Capital d.o.o. or if Alita Capital d.o.o. is the holder of the rights to use and dispose of, the user may not modify, copy, reproduce, re-post or otherwise disseminate without the express prior permission of Alita Capital d.o.o. Within the permitted use of content, the user is obliged to maintain all indications of copyright and other industrial property rights and any other notices and warnings. Trademarks and service marks published on the website are the property of Alita Capital d.o.o. or Alita Capital d.o.o. is the holder of the rights to use and dispose of them. The user may not use these goods and service marks without the explicit prior authorization of Alita Capital d.o.o.

13. Alita Capital d.o.o. is making every effort to provide accurate and up-to-date content on the website, but it is not responsible for the possible inaccuracy of the published content. Alita Capital d.o.o. is also not responsible to the users for the possible unavailability of websites and services, for disruptions in accessing the website and services, for disruptions in the use of websites and services, for the poor quality of the website and services and for any other error on and in connection with the website and services. Users use the content and services at their own risk.

14. Alita Capital d.o.o. may interrupt the operation of the website and/or services without prior notice:

(i) if it is technically impossible to provide the website or perform the services due to defect, failure, natural or other disaster and other similar causes and

(ii) if this is necessary for maintenance work on the network or other infrastructure.

15. Alita Capital d.o.o. allows its users to use the services of third parties to the extent and under the conditions determined by these third parties. Alita Capital d.o.o. is not responsible for the content, quality, conditions and compliance (performance) of third-party services with the applicable regulations.

16. In the event that the user designs any content (including the content of the messages that he transmits through the use of services), the content must not be contrary to the applicable regulations, harassing, threatening, vulgar, marketing, commercial and/or in any other way disputable (such as: expression of hatred, racism, paedophilia, Nazism, etc.). Alita Capital d.o.o. is not responsible for the content created by the users of the website and / or the services themselves, nor is it responsible for the quality and compliance of the content with the applicable regulations. Alita Capital d.o.o. has the right to withdraw from the website any content created by the users at any time or otherwise disable access to such content without the obligation to notify or acquire the consent of the user who designed such content. Content created by the users themselves is public content, unless specifically specified otherwise in the individual case. Public content is the content that the user creates in the context of the use of the service and is visible (publicly accessible) to all users of the service, both registered as well as unregistered. The user explicitly agrees to publish his content in the manner and under the conditions specified by these

Special Terms and Conditions and, in this regard, assumes all legal and factual consequences. A user that wishes to remove any of his content from Alita Capital d.o.o. webpage is obliged to notify Alita Capital d.o.o.

by e-mail info@alita-capital.com.  Alita Capital d.o.o. removes the user’s content within a reasonable time, according to its options.

17. Regarding the content that the user creates himself, the user is fully responsible for the published content. In particular, the user guarantees:

  • that the content is his copyright work or that he has obtained all necessary permissions from the author (authors) and/or any third party for the publication and the use of the content in the manner determined by these Special Terms and Conditions;
  • that he has all the permissions required to enable Alita Capital d.o.o. to use the published content in a manner determined in accordance with these Special Terms and Conditions;
  • that he will not transmit content that could affect the rights of any third party;
  • that he will not transmit the content in a way that could cause any damage or other unwanted consequences to Alita Capital d.o.o. or any third party;
  • that no one in relation to Alita Capital d.o.o. will claim any compensation in connection with the use of content;
  • that by using the service or with the publication of the content he will not violate any applicable regulations, these Specific Terms and Conditions, the principles of morality and ethics, and no third party rights (copyright and other rights and / or industrial property rights and / or other rights of third parties).

18. Publishing of the content for the purposes of these instructions includes uploading, sending, or other transmission, sharing with other users, and other forms of content provision made available to the public. Alita Capital d.o.o. is not responsible for any loss of content.

19. Regarding the content, which the user creates himself, the user grants Alita Capital d.o.o. free of charge the spatially unlimited, non-exclusive, time-limited (until cancelled) and transferable right to use the published content free of charge.  The use of the content includes, in particular, the right to make public, make available to the public, publicly broadcast, publicly display, copy, translate, the right to use part of the content and distribute published content – for any purpose (including the use of publicly published content for marketing and promotional purposes), all at the sole discretion of Alita Capital d.o.o. In no case does Alita Capital d.o.o. become the owner of the published content that the user creates.

20. Any content published in the context of a particular service or in any other way accessible within a particular service is copyright protected. Any further use of this content is prohibited.

21. Alita Capital d.o.o. has the right to temporarily or permanently reject or remove the publication of individual or entire content due to legal, technical, commercial or other reasons, without notice and without any obligation to the user.

22. When publishing content, the user is obliged to respect the following provisions:

  • content publishing must not violate any applicable legislation and any third party rights (such as unjustified use of copyrighted works in the form of copies of music or video recordings, unjustified use of other copyrighted content (such as various third party contributions) and third party trademarks, publication of third-party recordings, from which the user did not obtain prior consent);
  • It is prohibited to publish:
    • offensive, defamatory or otherwise inappropriate content,
    • content that reveals confidential and/or personal information about third parties,
    • content that could otherwise have been a violation of the privacy of an individual,
    • any form of harassment of individuals,
    • content that promotes racism, paedophilia, hatred, criminal activity, any physical aggression directed against an individual or a group,
    • content containing scenes of torture or abuse and content that call for torture and abuse (of rights) of third parties,
    • content containing obscenity, nudity, violence, pornography, child pornography, paedophilia,
    • criminal activity,
    • content that invites to see erotic or pornographic materials or in any way call for these acts,
    • content promoting illegal substances, gambling,
    • content that would mean commercial or promotional activities.
  • the user is required to comply with any other rules that Alita Capital d.o.o. determines for each service or website.

23. Alita Capital d.o.o. does not assume responsibility for:

  • the content of users published under the individual service and any unwanted consequences of publishing the content in relation to any third party;
  • non-functioning of a particular service as a result of ignorance of the use of the service;
  • non-functioning of a particular service as a result of the failure of the network of contractual partners, power failure or other technical disturbances that could temporarily interfere with the use of the service;
  • any unwanted consequences that a user would suffer due to the use of an individual service.

24. Within the context of the use of the website and/or services and within its technical capabilities, Alita Capital d.o.o. seeks to ensure the confidentiality and security of the data. Alita Capital d.o.o. is not responsible for potential intrusions into the website or service data.

25. If a user abuses the website and/or service in such a way that with the use of services he infringes on third party rights, Alita Capital d.o.o. shall not be liable to the third party for such conduct by the user. Alita Capital d.o.o., its employees, external associates and business partners are in no case liable for direct, indirect, incidental, special or consequential damages or any damage caused as follows:

  • For personal injuries and health consequences of any nature, caused indirectly or directly by viewing or using the website.
  • For unauthorized use of servers and server systems, thereby jeopardizing personal information of users or all stored information.
  • For any interruption of downloads from or on the website.
  • For errors in the programme code, viruses, Trojan horses or the like.

26. The user himself bears all costs associated with the use of websites and/or services.

27. It is considered that the user agrees with the General Terms and Conditions, the Special Terms and Conditions, any Instructions and everything else within the website with the first use of the website.

28. If Alita Capital d.o.o. so decides, it can also enable an application to the electronic newsletter and notices of Alita Capital d.o.o. within the website. The use of this service is only possible if the user agrees to these Special Terms and Conditions. To apply for news and notifications, a valid e-mail address is required. Alita Capital d.o.o. the company will send news and notifications to the e-mail address of the user in the extent and content according to their judgement. The user can opt out of news and notifications at any time by clicking on the link on the bottom of the news or notifications received. The news and notifications received are for informational purposes only.

Obtaining, processing and protecting personal data

29. Users allow Alita Capital d.o.o. as the controller to manage, maintain and control the collection of collected personal data of individuals, in accordance with personal data protection act. Alita Capital d.o.o. can process the collected personal data for the purpose of sampling, surveying and statistical data processing, adjusting the offer and segmentation, for market research, informing about the offer, novelties, events and benefits, and for sending other advertising material. For contact purposes, an individual allows the use of various communication channels, such as, for example, telephone, personal mail, e-mail or other notifications in applications on the website.

30. The user can request from Alita Capital d.o.o. to stop sending the advertising material at any time by e-mail info@alita-capital.com

31. For obtaining, processing, storage, security and other rights in the field of personal data protection, the General Terms and Conditions governing this field are additionally applied.

Final provisions

32. The General Terms and Conditions form an integral part of these Special Terms and Conditions. For all areas not covered by these Special Terms and Conditions, the General Terms and Conditions apply directly to all users, regardless of whether they are also customers of Alita Capital d.o.o. or not. In the event of a discrepancy between the General Terms and Conditions and the Special Terms and Conditions, provisions of these Special Terms and Conditions apply. In accordance with its decision, applicable legislation and General Terms and Conditions, Alita Capital d.o.o. may at any time amend these Special Terms and Conditions, Instructions, services and the like within the website.

33. Alita Capital d.o.o. will notify users of changes to the Special Terms and Conditions, Instructions, services and the rest of the website in a generally reliable way (by publishing on the website).

34. It is deemed that the User agrees to the changes to the Special Terms and Conditions, Instructions, services, and the like within the website, if, after the publication of the changes, the user continues to use the website.

35. These Terms and Conditions enter into force on the December 19th, 2019. 36. Additional information regarding the use of the website is available to users by e-mail info@alita-capital.com, every day from Monday to Friday between 8am and 4pm.