1. GENERAL PROVISIONS

ROYAL HILL d.o.o., registered office: Rudina Balinac 2, Aljmaš, PIN: 89476306890, (hereinafter: “Royal Hill”) provides an interactive online service through Web Pages at the following domain: https://royalhillestate.com/.

The service consists of content services and management. The term “Web Pages” in these Terms of Use refers to all web pages located within the stated domains. These Terms of Use prescribe the terms and conditions pertaining to the use of the Web Pages by the End Users.

By using and accessing these Web Pages (except in the case of the first reading of these Terms), the End Users declare that they have read and understood the Terms of Use, and that they are familiar with them and fully agree with the here stated terms and rules, and agree to use the Web Pages in accordance with them.

The right to use the Web Pages is not transferable to other natural or legal persons. The End User is personally responsible for protecting the confidentiality of the passwords, wherever they exist.

The End User is familiar with the possibility of intermittent interruptions, unavailability and/or disconnection of services (routine maintenance etc.), force majeure events, and Royal Hill shall not be liable for any loss of data that may occur during the transfer of information on the Internet. The End User agrees and accepts that due to the above reasons, access to the Web Pages may be interrupted, temporarily unavailable or disabled.

Information on this Web Page may contain technical inaccuracies or typographical errors. Royal Hill does not declare or warrant, explicitly or implicitly, that the contents of the web page and/or related pages are complete or up-to-date; that the web page and/or related pages will always be available and that they will not cause harm to users, registered users, or third parties. Every user and registered user explicitly accepts the use of this web page at their own risk and shall bear any possible costs related to the maintenance or repair of IT equipment. Any warranty given on these pages applies solely to the products or services provided by Royal Hill.

Royal Hill reserves the right to, at any time, modify or discontinue the web page, including, but not limited to, the content, the availability time, as well as the equipment required to access or use the pages. Royal Hill is authorized to stop publishing any part/type of information and to modify or discontinue any method of data transfer, may change the data transfer rate as well as any other of its characteristics. Information may be amended without prior notice. Royal Hill may also, at any time, make improvements and/or changes to the products and/or programs described in this information, without prior notice. If the User does not accept the Terms of Use, they shall refrain from the use of the Web Pages.

Royal Hill reserves the right to revise the Terms of Use at any time, as well as to revoke access to the Web Pages without prior notice.

 

2. AMENDMENTS TO THE TERMS OF USE

Royal Hill reserves the right to, at any time, if it deems necessary, repeal or amend any of these Terms of Use and/or the Privacy Policy. Any amendment or repeal of the Terms of Use shall enter into force immediately upon publication thereof on the web pages. Any use of these Web Pages by the End User after such notice will be construed as acceptance of these amendments.

The User undertakes to review the Terms of Use from time to time in order to acquaint themselves with any amendments. If the User uses the Web Pages after the Terms of Use have been amended, it is assumed that they have acquainted themselves with the amendments, that they understand them and accepts them in their entirety. We exclude liability for any damage caused to users, registered users, or third parties as a result of such amendments.

 

3. IT EQUIPMENT

The End User is exclusively and solely responsible for the procurement, use and maintenance of their IT equipment, including, without limitation, the entire software and hardware that they own and use, as well as other equipment required for accessing and using the Royal Hill Web Pages, and all related expenses. Royal Hill is not responsible for any damage to the End User’s equipment that is caused by the use of these Web Pages.

 

4. END USER BEHAVIOR

These Web Pages, as well as any other pages, now or later contained in, or otherwise accessible through, the external links on the Web Pages, are private property of Royal Hill.

All interactions occurring through these Web Pages must comply with the Terms of Use and require users to ensure that all activities related to the use of these Web Pages comply with the applicable legal regulations of the Republic of Croatia.

It is forbidden to publish, use, transmit, send or exchange materials and content that violate or compromise privacy, vulgar content, or content otherwise unacceptable in normal communication, content compromising and/or violating the rights of others, in particular materials and content that are in their nature illegal, threatening, insulting, defamatory, violating the applicable legal regulations of the Republic of Croatia, and especially illegal, false, inaccurate, misleading, offensive, libelous, obscene, threatening, disturbing, racist or chauvinistic content, content in breach of the third party intellectual property rights, content disclosing personal information without authorization or violating personality rights of third persons or other users, as well as other inappropriate content, and contents that could harm Royal Hill and its affiliates, other users or third persons, including, without limitation, content encouraging any behavior that constitutes a criminal act, that causes civil liability or in any other way violates any regulation and that, without an explicit, prior, written consent of Royal Hill, contains advertising or offering of anyone’s products and services. The End User may not use these Web Pages for advertising or for any commercial, religious, political or non-commercial promotion, including inviting the users of these Web Pages to become members of any other online or offline service which is a direct or indirect competitor, or potential competitor, of Royal Hill.

Any End User behavior that, at the sole discretion of Royal Hill, limits or prevents any other End User from using the Web Pages is strictly forbidden.

 

5. INTELLECTUAL PROPERTY

These Web Pages contain materials that are protected by copyright, trademark rights, design rights, as well as other information covered by other rights of natural or legal persons, including, without limitation, texts, software, photographs, video materials, graphics, music, sound as well as the entire content of the Web Pages, in accordance with the regulations of the Republic of Croatia. All materials (texts, photos, pictures, drawings, audio and video materials etc.), trademarks of products and services, logos, and other content on the Web Pages are the sole property of Royal Hill, or shall be used with the express authorization of the copyright holder and the holder of the trademark and/or design rights. Royal Hill is a registered trademark of the Royal Hill company, and therefore, all rights in relation to this trademark are thereby explicitly reserved. Unless otherwise stated, all other trademarks appearing on the system shall be the intellectual property of their holders. Royal Hill is the copyright holder in relation to the selection, coordination, uploading and updating of such content, as well as of the rights related to the original content.

IT IS STRICTLY FORBIDDEN TO COPY, DISTRIBUTE, TRANSFER, PUBLISH, REPRODUCE, MODIFY, REVIEW, UPLOAD, LINK, DEEP LINK, CREATE DERIVATIVES OR MODIFY THESE WEB PAGES IN ANY OTHER WAY WITHOUT AN EXPLICIT WRITTEN CONSENT OF THE ROYAL HILL COMPANY! 

Any violation of these terms that could result in the breach of copyright, trademark rights or any other intellectual property rights or in initiating civil, commercial proceedings and/or criminal and/or misdemeanor prosecution against the perpetrator is strictly forbidden. It is strictly forbidden to copy, redistribute, retransfer, publish or use for commercial purposes the downloaded material without an explicit written consent of the Royal Hill company and the holder of the copyright.

The End User may download, print and save copyright materials for their own personal use only. The use and printing of Web Pages’ content is allowed only if it is intended for information purposes and personal, non-commercial purposes of the user.

The End User undertakes that they will not post on these Web Pages, publish or in any other way make available any materials subject to copyright, trademark or other intellectual property rights without the explicit approval of the holder of such rights. The End User is exclusively responsible for any damage that could be caused by the breach of copyright, abuse of trademark and other intellectual property rights, as well as any other problems caused in connection with the publication of such materials.

Royal Hill shall not be obligated to inform the End User or to help them determine whether certain materials are subject to copyright.

By posting the materials in any publicly accessible part of these Web Pages, the End User guarantees, under criminal and material liability, that they are the holder of the rights on such materials and explicitly grants Royal Hill a free, perpetual, irrevocable, non-exclusive right to use, publish, copy, reproduce, modify, adapt, distribute, publish, translate and/or distribute such materials (in part or as a whole) globally and for an indefinite period of time and duration. The End User also grants other end users the right to access, view, save or reproduce such materials for their own use.

The terms provided in this Chapter equally apply in favor of the Royal Hill company, as they do in the favor of its subsidiaries, affiliates and third-party service providers and licensed companies, whereby each of them has the right to exercise such terms directly and on their own behalf.

 

6. LICENSES AND TRADEMARKS

By publishing on or through the Web Pages, the End User has given the Royal Hill company a free, worldwide, perpetual license to use, apply, reproduce, modify, publish, adapt, translate, distribute, perform and show such communication, on its own or as part of a greater whole, in any form, on any medium or using any technology, already known or subsequently developed, and to share such rights with multiple license users.

By using or accessing this page, the User is not granted any explicit or implicit license or right to use the trademark, patent, design, copyright or any other right belonging to the Royal Hill company and/or any third person. Users and registered users are personally responsible for compliance with copyright and other intellectual property rights in respect of such content.

 

7. STATEMENT OF WARRANTY AND LIABILITY LIMITATION

THE END USER EXPLICITLY AGREES THAT THE USE OF THESE WEB PAGES IS SOLELY THE END USER’S RESPONSIBILITY. THE ROYAL HILL COMPANY OR ITS SUBSIDIARIES, PARENT COMPANIES, AS WELL AS THEIR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSED COMPANIES DO NOT WARRANT THAT THE USE OF THIS WEB PAGE WILL NOT BE TERMINATED OR BE WITHOUT ERROR; NOR ARE THEY LIABLE FOR (I) THE CONSEQUENCES THAT MAY ARISE FROM THE USE OF THIS WEB PAGE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR GOODS PROVIDED THROUGH THESE WEB PAGES.

THIS STATEMENT OF LIABILITY REFERS TO ANY DIRECT OR INDIRECT DAMAGES, OR ANY INJURY CAUSED BY ANY POOR QUALITY, ERROR, EXCLUSION, INTERRUPTION, DELETION, MALFUNCTION, DELAY IN WORK OR TRANSMISSION, COMPUTER VIRUS, INTERRUPTION IN COMMUNICATION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, CHANGE OR MISUSE OF RECORDS, CONTRACT TERMINATION, INAPPROPRIATE BEHAVIOR, NEGLIGENCE, OR ANY OTHER ACTION. THE END USER EXPRESSLY ACKNOWLEDGES THAT THE ROYAL HILL COMPANY IS NOT LIABLE FOR ANY OFFENSIVE, INAPPROPRIATE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE THAT MAY RESULT FROM THE AFOREMENTIONED LAY ENTIRELY WITH THE END USER.

IN NO EVENT SHALL THE ROYAL HILL COMPANY, OR ANY OTHER NATURAL OR LEGAL PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THESE WEB PAGES, OR OF THE CONTENT RELATED TO THEM, OR OF ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF USE, OR DUE TO THE INABILITY TO USE, THESE WEB PAGES. THE END USER EXPLICITLY ACKNOWLEDGES THAT THE TERMS IN THIS CHAPTER RELATE TO THE ENTIRE CONTENT OF THESE WEB PAGES.

IN ADDITION TO THE ABOVE TERMS, NEITHER THE ROYAL HILL COMPANY, NOR THE PARENT COMPANY, NOR ITS SUBSIDIARIES, INFORMATION PROVIDERS, OR PARTNERS THAT REGULATE CONTENT, SHALL BE LIABLE, REGARDLESS OF CAUSE OR DURATION, FOR ANY OTHER ERRORS, INACCURACIES OR OTHER DEFECTS, INADEQUACY OR INADMISSIBILITY OF THE INFORMATION CONTAINED ON THESE WEB PAGES, NOR FOR ANY DELAY OR INTERRUPTION IN THE TRANSFER OF INFORMATION TO THE END USER, FOR ANY CLAIMS OR LOSSES ARISING THEREFROM. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES, INCLUDING LOST PROFITS.

THE ROYAL HILL COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CONTENT THAT THE USERS, SUBSCRIBERS, OR UNAUTHORIZED USERS MAY POST ON THESE WEB PAGES. ANY CONTENT THAT IS POSTED AND WHICH IS OR MAY BE DEEMED INAPPROPRIATE, MAY AT ANY TIME BE REMOVED BY THE ROYAL HILL COMPANY. ROYAL HILL RESERVES THE RIGHT TO CHANGE, ADJUST, MODIFY, DELETE OR REMOVE ANY CONTENT THAT IT DEEMS INAPPROPRIATE. ROYAL HILL SHALL IN NO CASE BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING FROM THE USE OF THIS OR ANY OTHER WEB PAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, WORK INTERRUPTION, LOSS OF SOFTWARE OR OTHER DATA ON YOUR DATA PROCESSING SYSTEMS OR OTHERWISE, EVEN WHEN WE HAVE BEEN EXPLICITLY INFORMED ABOUT SUCH DAMAGE.

Royal Hill reserves the right to immediately revoke any password or user account of the End User in case of any conduct Royal Hill may deem, at its own discretion, inappropriate, as well as in any other case of non-compliance with these Terms by the End User. In case passwords or user accounts are revoked, the terms and conditions between the End User and Royal Hill shall not cease to apply.

Royal Hill intends to use names, logos, marks, trademarks and other protected contents appearing on these Web Pages exclusively on the territories for which it is authorized on the basis of registration or trademark application, on the basis of license or in another manner. To avoid any doubt, Royal Hill hereby declares it does not intend to use names, logos, marks, trademarks and other protected content on the territories for which it is not authorized, and shall not deliver nor offer products and/or services containing such protected content on respective territories.

It is strictly forbidden to use such protected content on this web page contrary to the provisions of these Terms or to abuse it.

 

8. MONITORING

Royal Hill shall have the right, but shall not be obligated to, at any time, monitor the content on these Web Pages, including any chat rooms and forums that may be included as part of these Web Pages, to ensure compliance with these Terms of Use, as well as any other rules prescribed by Royal Hill, as well as compliance with any applicable law, regulation or other act. Without limitation with regard to the foregoing paragraphs, Royal Hill reserves the right to remove any materials it finds, at its sole discretion, to be noncompliant with the rules set forth herein, or which it finds otherwise questionable. Royal Hill shall not be required to respond to interactive content.

Royal Hill shall assume no responsibility for the accuracy of information it provides, and the use of such information shall be the responsibility of the recipient. Royal Hill shall give no guarantees that any reported problems will be resolved by using any information provided by Royal Hill. By submitting information, Royal Hill shall not grant any licenses for any copyright, patents or other intellectual property rights.

 

9. PRIVACY

The End User acknowledges that all comments, private messages, forums, chat rooms and/or other means of sending messages or communicating (hereinafter referred to as “Communities”) shall be public, and not private, and that therefore Royal Hill employees can monitor the communications of End Users without their knowledge and explicit permission.

Royal Hill shall not control and/or authorize the content, messages or information that may be found in any of the Communities, and shall therefore not be responsible for any actions resulting from the participation of the End User in any of the Communities, including liability for any content that may be controversial.

 

10. DATA CONFIDENTIALITY

Royal Hill does not want to receive confidential or proprietary information from the User via this Web Page. Any information or material sent to Royal Hill will be treated as if they were NOT confidential. By sending information or material to Royal Hill, the User grants Royal Hill an unlimited and irrevocable license to use, copy, show, perform, modify, transfer and distribute such material or information, and agrees that Royal Hill can freely use any ideas, concepts, knowledge or techniques for any purpose. However, Royal Hill will not publish the name of the User or in any other way disclose the fact that the material or other information was received from the User, unless: (a) we obtain the User’s approval to use their name; or (b) we previously inform the User that materials or other information sent to a certain part of this website will be published or in any other manner used on it, together with the User’s name; or (c) we are legally obliged to do so.

Any type of communication by the end user shall not be deemed confidential. If certain web pages allow the publication of communications to be treated by Royal Hill as confidential, this will be indicated on the respective pages. By publishing comments, messages or other information on the Web Pages, the End User grants Royal Hill the right to use such comments, messages or information for the purpose of promotion, advertising, market research or any other legal purpose. For more information, please refer to Royal Hill’s Statement of Confidentiality.

Materials sent or available on the Web Pages are not and will not be deemed a trade secret, or private or confidential. By providing materials through the Web Pages, the Users authorize Royal Hill and/or its affiliates to use it without limitations for any purpose, including reproduction, transfer, publishing, broadcasting or use in any other way, without any fee.

 

11. INDEMNIFICATION

The End User agrees to indemnify and to hold Royal Hill, the parent companies, its subsidiaries, their responsible persons, employees and agents harmless against any claims for damages and costs, including legal representation costs that may arise from the use of these Web pages by the End User.

 

12. THIRD PARTY CONTENT

Like Internet Service Providers (ISPs), Royal Hill is a distributor (and not a publisher) of content provided by third parties and End Users. Any opinion, advice, statement, service, offer or other information or content posted by third parties, including public information providers or any end users, come from their respective authors or distributors, and not from the company Royal Hill. Neither Royal Hill nor third party information providers guarantee accuracy, integrity or usability of any content or the possibility of their sale or suitability for any specific purpose.

The information available on the Web Pages, representing opinions and assessments of the respective service provider, end user or any other user who is not in a contractual relationship with Web Pages, is not authorized by the Royal Hill company and the Royal Hill company cannot be held responsible for the accuracy or reliability of any opinion, advice or statement published on the web pages by anyone who is not an authorized employee of Royal Hill or who does not act ex officio. Under no circumstances will Royal Hill be held responsible for any loss or damage caused by the End User relying on the information obtained through the Web Pages. All the responsibility for assessing the accuracy, complexity or usefulness of any information, opinion, attitude, advice or any other content available on the web pages lies with the End User.

The Royal Hill web pages contain links to third-party websites maintained by other service providers. Such links are placed for convenience only, and they do not imply that the Royal Hill company acknowledges the content on third-party web pages, hence Royal Hill explicitly denies any connection with the content or accuracy of the material on third-party web pages.

 

13. INVALID PROVISIONS

In case certain provisions of the Terms of Use are invalid, such invalidity shall not affect the validity of any other provision of these Terms, and all the remaining provisions shall remain in force.

 

14. WAIVER OF RIGHTS

In case either party fails to exercise any of its rights under these Terms, this shall not be deemed to be a waiver or loss of such rights in the future, or any other rights stipulated by the Terms.

 

15. RESOLUTION OF DISPUTES

Relevant provisions of the Civil Obligations Act shall apply to everything not regulated by this Contract.

The Parties shall make effort to resolve all disputes related to this Contract by mutual agreement. Any disputes or claims that may arise as a result of using these Web Pages, in connection with these Terms or with their implementation are under the jurisdiction of the court in Zagreb, with the application of relevant substantive Croatian law.

 

16. APPLICATION OF THE TERMS OF USE

These Terms of Use shall apply from 1 January 2022 until Royal Hill revokes them.