ATTENTION: THE USE OF THE GIFTOO PLATFORM INDICATES THAT YOU ACCEPT THESE TERMS AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THE GIFTOO PLATFORM
Giftoo platform is overall software and services platform intended to provide End Users the ability to view and purchase the hospitality industry services from Business Users. Giftoo Platform is composed of Giftoo Web Services and Giftoo Local Applications. Giftoo Web Services are available in internet and technically provided by Kolektiv or Kolektiv Contractual Partners. Giftoo Web Services include both services that target human users and services that target automated systems. Giftoo Local Applications are available for download from Giftoo Web Services or application stores where Kolektiv or its Kolektiv Contractual Partners have an operational account. Giftoo Local Applications are installed on End User’s or Business User’s devices. Giftoo Local Applications may be installed or otherwise provided as OEM feature to devices by Kolektiv Contractual Partners and/or Business Users. General purpose application markets, such as Google Play or Apple iTunes, are not part of Giftoo Platform, even if Kolektiv publishes Giftoo Local Applications on them.
Kolektiv: Kolektiv d.o.o., Mesarska cesta 12, 1000 Ljubljana, Slovenija, EU
Business User: Member of hospitality industry, that uses Giftoo Platform to provide hospitality industry services to End Users. Kolektiv may conclude additional Contract to this Terms of Use with Business User (“Business Contract”). In case of conflicts between Business Contract and these Terms of Use, Business Contract is prevailing. Business User is registered in Giftoo Platform and uses assigned credentials to access the platform.
End user: User of Giftoo Platform, customer or potential customer for hospitality industry services provided by Business Users, either an individual or legal entity. End user may be registered and uses assigned credentials to access the platform, or may use the platform (limited functionality) without registration.
Kolektiv Contractual Partners: Party that is not End User, nor Business User, and have a valid legal relationship with Kolektiv related to part of the Giftoo Platform. Examples include, but may not be limited to: Supplier of cloud services used to host Giftoo Platform, payment providers used in Giftoo Platform, parties that distribute Giftoo Local Applications to End User’s and/or Business User’s devices. General purpose application markets, such as Google Play or Apple iTunes, are not considered a Kolektiv Contractual Partner, even if Kolektiv publishes Giftoo Local Applications on them.
You: may apply to one or more of: an individual End User (consumer), an End User as a legal Entity, an individual representing an End User as a legal Entity, a Business User or an individual representing a Business User, depending on the context.
Business Services are provided form Kolektiv to Business Entities, to enable Businesses provide hospitality industry services to End users, using the Giftoo platform. Business Services include, but are not limited to, development, maintenance, deployment and hosting of software applications on Giftoo Platform
Giftoo End User Services: Overall services provided to End-User via Giftoo Platform. This includes Service provided by Kolektiv to End User and Services provided by Business Users to End Users, both via the Giftoo platform.
You are entering in legal relationship with Kolektiv by using the Giftoo Platform. You may use Giftoo Platform either as End User or as Business User. Use of Giftoo Platform is governed by these Terms of Use. The materials and databases in the Giftoo Platform are copyrighted and any unauthorized use of any content from the Giftoo Platform may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to use Giftoo Platform automatically terminates and you must immediately destroy any copies of content in your control or/and possession.
Unless otherwise stated in legal notices elsewhere in Giftoo Platform Kolektiv hereby authorizes End Users to use Giftoo Platform for the purpose of choosing and purchasing hospitality industry services from Business Users, and Kolektiv authorizes Business Users to use the Giftoo Platform to provide and market hospitality industry services to End Users. Other use of Giftoo Platform and materials in Giftoo Platform is not permitted without prior written approval from Kolektiv. You may not modify the materials and/or Giftoo Platform in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other location for any purpose is prohibited. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this Site will be governed by their own license terms, conditions and notices.
Except as expressly stated herein or any other part of Giftoo Platform, nothing contained in the Giftoo Platform may be construed as granting you any right or license to use any of the intellectual property rights found in Giftoo Platform, whether by estoppel, implication or otherwise.
Purchase and Inquiry of Hospitality Industry Services
End Users and Business Users are the sole parties when it comes to the transaction of purchasing or inquiry for hospitality industry services via the Giftoo Platform. Kolektiv role is limited to operating the Giftoo Platform to enable Business Users and End Users to interact.
If you download software from the Giftoo Platform (“Giftoo Local Applications”), use of the Giftoo Local Applications is subject to these Terms of Use. Additional Giftoo Local Application license terms may supplement these Terms of Use for specific Giftoo Local Application. You may not download or install the Giftoo Local Application until you have read and accepted these Terms of Use and all applicable license terms for specific Giftoo Local Application.
Business Users are responsible to post the prices, currency and taxation information with the hospitality industry services they provide to End Users via the Giftoo Platform. Kolektiv may provide technical means for Business Users to post this information, but the Business User is entirely responsible for the content and correctness of information posted.
Purchasing hospitality industry services by End User from Business User creates contractual relationship between Business User and End User only. Kolektiv is not part of this relationship. Business User is the only responsible party for hospitality industry services and goods it provides to End Users provided via the Giftoo Platform.
End Users that are consumers (do not act on behalf of legal entity) have the right to return purchased hospitality industry services in 14 days after the purchase, if not consumed, except for the cases limited by applicable law. The actual costs of return may apply. Business Users may grant End Users additional rights for the services they provide. Business Users may not restrict End Users rights defined by this Terms and Conditions. The return of Purchase is exercised between the End User and Business User, Kolektiv does not warrant, nor provide for any such services.
All legal communication with regard to these Terms must be directed to:
Kolektiv d.o.o.
Mesarska cesta 12
1000 Ljubljana
Slovenija
EU
e-mail: info@kolektiv.si
Business Users are obliged to post their Contact information on visible place within the Content they submit.
You are kindly suggested to encrypt sensitive content when submitting security issues.
Individual parts of Giftoo Platform may be covered by separate terms of use or license agreements, either provided by Kolektiv, Kolektiv Contractual Partners, or Business User for the content and services provided from the part of Business User.
Any material, information or other communication End User transmits or post to the Giftoo Platform (“End User Content”) will be considered non-confidential and non-proprietary. Kolektiv is the sole owner of any End user Content collected on this site. Kolektiv shall have no obligation of any kind with respect to such End User Content, and shall be free to use, reproduce, disclose and/or distribute End User Content to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for any purpose, including, but not limited to, development, production and marketing of products/services containing such information. Kolektiv will not sell, share, or rent End User Content to others in ways different from what is disclosed in These Terms of Use.
You are prohibited from posting or transmitting to or from the Giftoo Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other End User Content that would violate any law. Kolektiv is, to the maximum extent permitted by law, exempted from obligation to monitor End User Content for such materials. However Kolektiv retains the right to remove such End User Content.
Business User Submissions and Information
Any material, information or other communication Business User transmits or posts to the Giftoo Services (“Business User Content”) will be considered non-confidential and non-proprietary. Kolektiv is the sole owner of any Business User Content collected on this site. Kolektiv shall have no obligation of any kind with respect to such information and shall be free to use, reproduce, disclose and/or distribute them to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for the purpose of operating the Giftoo Platform, including, but not limited to, development, production and marketing of products/services containing such information. Kolektiv will not sell, share, or rent Business User Content to others in ways different from what is disclosed in These Terms of Use.
You are prohibited from posting or transmitting to or from the Giftoo Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other Business User Content that would violate any applicable law. Kolektiv is, to the maximum extent permitted by law, exempted from obligation to monitor Business User Content for such materials. However Kolektiv retains the right to remove such Business User Content.
Kolektiv may, at its sole discretion share its intellectual property rights and Incomes, related to the Giftoo Platform, to other parts of Kolektiv under arbitrary conditions, within limits of applicable laws.
You may not transfer any rights, related to the Giftoo Platform, given to you by Kolektiv or Kolektiv Contractual Partners to anyone, without written permission from Kolektiv.
At Kolektiv, we understand that privacy and protection of personally identifiable data is an important issue for End User of the Giftoo Platform. We also understand that individuals using the Giftoo Platform on behalf of Business Users expect reasonable privacy.
Kolektiv may collect certain personally identifiable information during your use of the Giftoo Platform in order to operate the Giftoo Platform and provide services to End Users and Business Users. Any collection, processing and sharing of such personally identifiable information in Giftoo Platform will be in accordance with the Giftoo Platform Privacy Policy and any applicable law.
Some parts of Giftoo Platform may deposit certain bits of information, using Cookies and similar technologies (“Cookies”) to your device. General purpose of using Cookies in Giftoo Platform is to operate certain features of Giftoo Platform and to improve the Giftoo Platform.
For more information about the use of Cookies in the Giftoo Platform please check Giftoo Platform Cookie Policy.
Links to third party web sites in the Giftoo Platform are provided solely as a convenience to you. Kolektiv has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Kolektiv does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
We maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect End User and Business User data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
Communication between Giftoo Web Services on one side and Giftoo Local Applications and web browsers on other side is encrypted according to modern standards. End Users and Business Users are responsible that their devices support appropriate strength of encryption.
Kolektiv is not directly involved party in payment processing within Giftoo Platform.
Kolektiv itself maintains up to date Self-Assessment Questionnaire A and Attestation for the Giftoo Platform.
Giftoo Platform is made available for the purpose of provision of hospitality industry services from Business Users to End Users only. Search engines are welcome to spider the Giftoo Web Services and authorized locations where Giftoo Local Applications are distributed, with slow purpose to make this information available in search results. Without Kolektiv’s written permission, you are not allowed to monitor, spider, screen-scrape, re-sell, deep-link, use, copy, display, download or reproduce any content or information, software, products or services available in the Giftoo Platform for any commercial or competitive activity or purpose, except as stated above.
You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Giftoo Platform, except to the extent that applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any control or limitation that is part of Giftoo Platform.
Kolektiv may exercise applicable legal and technical measures in order to resist unacceptable use of the Giftoo Platform. This may include prevention of offending End Users and/or Business Users from use of the Giftoo Platform and, upon notification and 30 day option to withdraw the data from Giftoo Platform, removal of their data.
You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Giftoo Platform. You must promptly notify Kolektiv about any possible misuse of your accounts or authentication credentials or any security incident related to the Giftoo Platform.
Addresses for submissions are stated in Contacts part of these Terms.
Real Identities
You must use your real identity data when you purchase or provide hospitality industry services.
Pentesting, Technical Evaluation of Security
You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Giftoo Platform. You must promptly notify Kolektiv about any possible misuse of your accounts or authentication credentials or any security incident related to the Giftoo Platform.
Addresses for submissions are stated in Contacts part of these Terms.
Kolektiv or Kolektiv Contractual Partners may limit the number and/or frequency of requests that you can make to the Giftoo Web Services to protect the Giftoo Platform or to enforce reasonable limits on your use of the Giftoo Platform. The Specific throttling limits may be changed at any time, with or without notice.
Kolektiv IS NOT RESPONSIBLE FOR THE INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES (“CONTENT”) SUMBITTED TO GIFTOO PLATFORM BY BUSINESS USERS OR END USERS. BUSINESS USERS AND END USERS THAT SUBMIT CONTENT REMAIN ENTIRELY RESPONSIBLE FOR SUBMITTED CONTENT. HOWEVER Kolektiv RETAINS THE RIGHT TO REMOVE THE CONTENT THAT VIOLATES THE APPLICABLE LAWS AND THESE TERMS OF USE, UPON NOTIFICATION OF SUCH CONTENT, OR DISCOVERY OF SUCH CONTENT ON ITS OWN.
EXCEPT FOR THE PURPOSE OF MAKING THE HOSPITALITY INDUSTRY SERVICES PROVIDED BY BUSINESS USERS AVAILABLE TO END USERS VIA THE GIFTOO PLATFORM, THE CONTENT PROVIDED IN THE GIFTOO PLATFORM IS PROVIDED »AS IS« WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. Kolektiv EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE CONTENT IS INFORMATION OF A GENERAL NATURE ONLY, WHICH IS NOT INTENDED TO ADDRESS THE SPECIFIC CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY, AND IS NOT A PROFESSIONAL ADVICE.
Kolektiv WILL EXERCISE REASONABLE EFFORTS TO ENSURE THAT CONTENT OF THE GIFTOO PLATFORM IS ACCURATE, SUITABILE, RELIABLE, UP TO DATE AND/OR COMPLETE, AND THAT THE GIFTOO WEB SERVICES IS UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. HOWEVER KOLEKTIV DOES NOT WARRANT THE AFORE MENTIONED PROPERTIES OF THE CONTENT AND SERVICES. KOLEKTIV MAY MAKE CHANGES TO THE GIFTOO PLATFORM, AT ANY TIME WITHOUT NOTICE. CONTENT PUBLISHED IN THE GIFTOO PLATFORM MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
Kolektiv will respond to allegations of copyright violations of Giftoo Platform only (not the content provided on the Giftoo Platform, which is responsibility of Business Users) in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Kolektiv may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the Giftoo Platform Privacy Policy does not protect information provided in these notices.
A written notification must be made. This must be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that a Giftoo Platform item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.
Send the written document to address for legal communication under Contact section of these Terms of Use.
Send the written document to address for legal communication under Contact section of these Terms of Use.
IN NO EVENT WILL KOLEKTIV, KOLEKTIV CONTRACTUAL PARTNERS, BUSINES USERS OR OTHER THIRD PARTIES MENTIONED IN THE GIFTOO SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE GIFTOO PLATFORM, ANY WEB SITES AND SERVICES LINKED TO OR FROM THE GIFTOO PLATFORM, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE GIFTOO PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Any names, logos, trademarks or service marks appearing in the Giftoo Platform are registered trademarks of any respective Kolektiv company and/or other respective owners. You may not use any of the name, logo, trademark or service mark without prior written approval of its rightful owner.
If any part of this agreement is held unenforceable, the rest remains in full force and effect.
Failure to enforce any provision of this agreement will not constitute a waiver.
These Terms of Use and the external items (such as Privacy Policy) referenced from these Terms of Use as their integral part, the entire agreement concerning its subject matter and supersede any prior or concurrent communications for End Users.
For Business Users these Terms of Use may be complemented with individual Business Contract between Kolektiv and Business User. In case of conflicting clauses the individual agreement prevails over these Terms of Use.
Kolektiv, Kolektiv Contractual Partners, and Business Users will not be liable for any failure in performance related to the Giftoo Platform due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services). This section will not, however, apply to payment obligations of any party under this agreement.
If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this Agreement on that entity’s behalf.
Kolektiv may revise these Terms of Use at any time by updating them. You should check the actual Terms of Use at the time of use of the Giftoo Platform because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular part of the Giftoo Platform.