Terms and conditions
Welcome to KlikCup.com website or mobile properties, including related applications (collectively, this “Website”). The website and the KlikCup mobile app are published by KlikCup j.d.o.o. registered in the Croatian Companies Register under no. 4882555 with head office at Pere Biškupa Vene 146, 43000 Bjelovar, Croatia.
TERMS AND CONDITIONS
1. Our terms
The terms “we”, “us”, “our” and “KlikCup.com” refer to KlikCup LLC. The term “you” refers to the customer visiting the Website and/or contributing content on this Website, an individual acting for personal or professional reasons. The general term “provider” refers to all clients that are providing their services thourght our Website. Providers; event, online menu, brunch and online accommodation reservation published through KlikCup Website are called hereinafter the “services”.
This Website, the content and infrastructure of the Website, bar, restaurant and accommodation service provided on these pages and through the website are owned, operated and provided by KlikCup j.d.o.o. and are provided for your personal, non-commercial use only, subject to the terms and conditions set here below.
2. Our mission is to help you
Through this website we assist customers in gathering information, posting opinions of related issues, and searching for accommodation reservations, bar events, restaurant offers and for no other purposes. Before ordering services, customers state that the use of these services is for their own personal use.
These terms and conditions, which can be modified occasionally, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform you acknowledge and agree to have read, understood and agreed to the terms and conditions.
3. KlikCup Service
Through the website we (KlikCup j.d.o.o.) provide an online platform through which all types of our providers facilities (for example, all kind of bars, restaurants and accommodation facilities, collectively the "object(s)"), can advertise their events, restaurant services, rooms for reservation, and through which visitors to the website can use their services.
Take your pick
By choosing one of the services offered to you through KlikCup.com, you enter into a direct (legally binding) contractual relationship with the provider. At the moment when you use our services, we act as an intermediary between you and the provider, transmitting your details to the relevant provider and sending you a confirmation email for and on behalf of provider.
Information that we give you
When rendering our services, the information that we disclose is based on the information provided to us by our providers. As such, the providers are fully responsible for updating all description, photos, prices, rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each provider remains responsible at all times for the accuracy, completeness and correctness of the descriptive information and update photos displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
Customers are hereby informed that their IP address is recorded at the time of using our services.
4. Customer service
For complains relating to services, our Customer Service is at your disposal. You can send any of yours complain to our Customer Service mail firstname.lastname@example.org or by sending us written complain to:
Pere Biškupa Vene 146
43000 Bjelovar, CROATIA
Complaints relating to the failure to execute or poor execution of the services must, be made known to KlikCup j.d.o.o. in writing within ten (10) days of the date of using the services, either directly to the provider or to the Customer Service address indicated above.
For all other questions, please use the "contact" section.
5. Prices and rates
The prices on our Website are prices without any commission neither to our clients neither to ours users. All prices on the KlikCup.com website are displayed including VAT and all other taxes unless stated differently on our website or the confirmation email.
Our mission is to offer you the real price without commisson for any of ours services. Should you find a price that does not fit the real price of a particular subject, tell us immediately, we will investigate the case and then we will offer you the real price that is also the lowest price.
The currency converter is for your information purposes only and should not be relied upon as accurate and real time.
All special offers and promotions are marked as such.
6. Your account information and profile/privacy settings:
You can update your account at any time by logging in and changing your profile settings. If you want to unsubscribe from email communications from us you can do it by clicking on the "unsubscribe link" provided in such communications.
7. Finding you and sharing your Location
To find you GPS location, our website need to know your location. Whenever you open and use/interact with our apps on your mobile device or go to one of our Sites, we use the location information from your mobile device or browser (e.g., latitude and longitude) to offer you services by your current location. This information is NOT shared with others. We keep you informed by sending you notifications of services near you. We will use your device’s location even if you are not directly interacting with the application..
8. Email Communications
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us. If you have an account and do not want to receive commercial email or other mail from us, please indicate your preference by making a modification on your account settings page or through the 'settings' tab on our website once you're logged into the Services.
Cancellation is possible only services if it is determined in that way directly from provider. By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay. Please check the details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation.
10. Further correspondence
By selecting one of our services, you agree to receive:
- an email which we may send you shortly prior to your event, giving you information on your event and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and
- an email which we may send to you promptly after your stay inviting you to complete our review form. Please see our privacy and cookies policy for more information about how we may contact you.
11. Ranking object, stars and guest reviews
The default setting of the ranking of the service on our website is 'Recommended'. Please note that the Medium Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria.
The completed guest review may be:
- uploaded onto the relevant provider’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service and quality of the service, and
- used and placed by KlikCup.com at its discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by KlikCup j.d.o.o. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any offers, invitations or incentives whatsoever.
Neither we nor any of our directors, employees, representatives, subsidiaries, distributors, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents shall be liable for:
- any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
- any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service provided by KlikCup.com as made available on our website,
- the services rendered or the products offered by the provider or other business partners,
- any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
- any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Website, including any cancellation, overbooking, strike, force majeure or any other event beyond our control.
The provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price to the relevant tax authorities. KlikCup.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price to the relevant tax authorities.
By uploading and posting a comment/description every provider in fully responsible for its content and KlikCup j.d.o.o. cannot be held responsible for these acts in any way.
By uploading photos/images and onto our system you certify, warrant and agree that you own the copyright to the photos/images and that you agree that KlikCup.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as KlikCup.com at its discretion sees fit. You are granting KlikCup.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as KlikCup.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties due to KlikCup.com publishing and using these photos/images. KlikCup.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of KlikCup.com. KlikCup.com disclaims all responsibility and liability for the pictures posted and description given or updated by the provider. The person who uploaded the photo warrants that the photos/images shall not contain any viruses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image and posted comment that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by KlikCup.com at any time and without prior notice.
13. Intellectual rights
The software required for our services or available at our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by KlikCup j.d.o.o. or providers.
KlikCup j.d.o.o. exclusively retains ownership of all rights, title and interest in and to the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand. To the extent that you would use or combine our content or would otherwise own any intellectual property rights in the website or any content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to KlikCup j.d.o.o.. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
These terms and conditions of our services shall be governed by and construed in accordance with Croatian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Bjelovar, Croatia.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.