Terms of Service
Date of Last Revision: May 24, 2023
Please Read Carefully Before Using This Website: The following terms of service (“Terms of Service”) govern
your use of the The Basetrip Website (the “Site”) and the The Basetrip web-based, application integration
and data
linking service accessed through the Site (“Service”) and The Basetrip developer platform (“API(s)”), both
of which are operated by Silent Creations d.o.o. ("Silent Creations").
By using the Site and/or the Service, you irrevocably
agree that such use is subject to these
Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service. If
you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual
authority to bind such entity to these Terms of Service.
Silent Creations expressly reserves the right to modify the Terms of Service at any time in its sole
discretion, by
including such alteration and/or modification in these Terms of Service, along with a notice of the
effective
date of such modified Terms of Service.
If a revision meaningfully reduces your rights, we will notify you by, for example,
sending an email to the email address of your User Account, through your
User Account or in the Service itself. To the extent you have purchased a subscription to the Service, the
modified terms will be effective as to such subscription Service upon your next subscription renewal. In
this case,
if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including
cancelling
any terms set to auto-renew. In all other cases,
any continued use by you of the
Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your
irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be
subject to any modified Terms of Service, you may no longer use the Site or Service.
User Account Registration; Passwords and Fees
Account Registration and Use License
In order to access and use some of the features of the Service, you
are required to open an account (“User Account”) by registering with The Basetrip. When you register for
your
User Account you must provide true, accurate, current and complete information (“Account Information”), and
you agree to update the Account Information in order to ensure that it is current. Upon proper registration
and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service,
Silent Creations hereby grants to you the personal, non-transferable right and license to use the Service,
solely
for your own personal or intended business purposes, until such time as either you or Silent Creations elect
to
terminate such
right in accordance with these Terms and Conditions.
Eligibility
As an express condition of being permitted to open a User Account, you represent and
warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to
enter into contracts under the law of the jurisdiction in which you reside. You must be at least 13 years of
age or older to use the Site, provided that if you are under the age
of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Site.
Passwords
Upon registration on the Site, you will provide Silent Creations with a password to access your
account. You are responsible for maintaining the confidentiality of your password and for all of your
activities and those of any third party that occur through your account, whether or not authorized by you.
You agree to immediately notify Silent Creations of any suspected or actual unauthorized use of your User
Account.
You agree that Silent Creations will not under any circumstances be liable for any cost, loss, damages or
expenses
arising out of a failure by you to maintain the security of your password.
Site Content
The Basetrip Content
Except as may be otherwise noted, the information, materials (including, without
limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions,
software and FAQs and other content) available on the Site and/or the Service (collectively, “The Basetrip
Content”) are the copyrighted works of Silent Creations and its licensors, and Silent Creations and its
licensors expressly
retain all right title and interest in and to the The Basetrip Content, including, without limitation, all
intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service,
any use of the The Basetrip Content may violate copyright and/or other applicable laws.
Third Party Content
In addition to The Basetrip Content, the Site and/or the Service may contain
information and materials provided to Silent Creations by third parties (collectively, “Third Party
Content”). Third
Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in
and to the Third Party Content, including, without limitation, all intellectual property rights therein and
thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to
different and/or additional terms of service and/or privacy policies of such third parties. Please contact
the
appropriate third party for further information regarding any such different and/or additional terms of
service
applicable to Third Party Content.
Limited Site Content License
Silent Creations grants you the limited, revocable, non-transferable,
non-exclusive right to use the The Basetrip Content and Third Party Content (collectively, “Site Content”)
by
displaying the Site Content on your computer, and downloading and printing pages from the Site containing
Site Content, under the condition that (i) such activity is solely for your personal, education or other
noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do
not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you
do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not
copy any Site Content to any other media or other storage format.
Trademarks
All trademarks, service marks and logos included on the Site (“Marks”) are the property of
Silent Creations or third parties, and you may not use such Marks without the express, prior written consent
of
Silent Creations or the applicable third party.
Monitoring of Site Content and use of Service
Silent Creations reserves the right, but does not undertake the
obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal
action against any party that uses the Site in violation of these Terms of Service or applicable law.
Silent Creations reserves the right to accept, reject or modify any Site Content or User Content, but
assumes no
liability based on its acceptance, rejection, modification or failure to modify any Site Content or User
Content.
Copyright Infringement
As a condition of your right to use the Site and the Service, you agree to
respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site
or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third
party without the prior written consent of the applicable third party. You acknowledge that Silent Creations
will
terminate your access to the Site and/or the Service if you repeatedly infringe the copyright of third
parties.
Silent Creations reserves all rights to seek damages and fees associated with infringement and or fraud.
Your Use of the Site and Service
Account and Use of Service
You may use your User Account for the Service only in accordance with these
Terms of Service and only for lawful purposes. You are responsible for your own communications, including
the upload, transmission and posting of information, and are responsible for the consequences of their
posting on or through the Service.
Fees
Some features of the Service may only be accessed and used upon the payment of applicable fees
(“Fees”). Fees may vary depending on usage in accordance with our current pricing policy.
You will be billed on a monthly or annual basis, depending what you have selected when making an order.
At the end of each one-month or one-year term, your contract will automatically renew until you cancel it.
All Fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Refunds
Refunds are processed according to our refund policy -
if you're unhappy with The Basetrip for any reason, get in touch and we will refund the last billing cycle.
This refund policy does not apply to
the charges made for the The Basetrip developer platform (“API(s)”).
Cancellation and Termination by You
You are solely responsible for properly canceling your User Account. You can cancel your User Account at any
time by sending a cancellation email from the email address of your User Account with Subject: "Subscription
cancellation" to
api@@thebasetrip.com.
If you cancel your User Account before the end of your current paid up month, your cancellation will take
effect at the end of paid up month, and you will not be charged again.
Termination and Suspension by Silent Creations
Silent Creations may terminate your User Account and/or these Terms of Service
at any time and for any reason upon notice to you sent 30 days in advance.
We may also suspend our Service to you at any time, with or
without cause. If we terminate your User Account without cause, we will refund a prorated portion of your
monthly prepayment. We will not refund or reimburse you if we terminate your User Account for cause,
including
(without limitation) for a violation of these Terms of Service.
Effect of Termination
Once your User Account is terminated, we may permanently delete your User Account
and any or all User Content associated with it. If you do not log in to your User Account for 12 or more
months,
we may treat your User Account as “inactive” and permanently delete the User Account and all the data
associated
with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party
of
any remedy, including termination, will be without prejudice to any other remedies it may have under these
Terms of Service. All sections of this Agreement which by their nature should survive termination will
survive,
including without limitation, accrued rights to payment, use restrictions and indemnity obligations,
confidentiality obligations, warranty disclaimers, and limitations of liability.
Caching
You are not allowed to cache any response (excluding
.png,
.svg and
.json files and links)
when using The Basetrip developer platform (“API(s)”), unless explicitly permitted to do so by Silent
Creations.
Prohibited Conduct
Silent Creations specifically prohibits any use of the Site or the Service for: (i) posting
any (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material
that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which
permits you to post it, (3) material that infringes on any other intellectual property, privacy or publicity
right of another, (4) advertisement, promotional materials or solicitation related to any product or service
that is competitive with The Basetrip products or services or (5) software or programs which contain any
harmful
code, including, but not limited to, viruses, worms, time bombs or Trojan horses; (ii) impersonating another
person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any city, state, national or international law or regulation, or which
fails to comply with accepted Internet protocol; or (iv) transmitting or transferring (by any means)
information or software derived from the Site or the Service to foreign countries or certain foreign nations
in violation of US export control laws. In addition, you are prohibited from violating or attempting to
violate the security of the Site, the Service or Silent Creations’s system or network security, including,
without
limitation, the following: (w) accessing data not intended for users of the Site or the Service, or gaining
unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or authentication measures; (y)
attempting to interfere with the function of the Site, the Service, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”,
or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z)
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of the Site’s or Silent Creations’s system or network security may result in civil or criminal
liability.
The content and information on this Service, The Basetrip developer platform (“API(s)”) (including, but not
limited to, messages, data, information, text, music, sound,
photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used
to provide such
content and information, is proprietary to us. You agree not to reproduce, modify, translate, enhance,
decompile, disassemble, reverse engineer or create derivative works of the API(s),
sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit the
API(s), unless explicitly stated otherwise.
User Content
If you elect to display, post, submit or otherwise make available to others, on the Site
any content or works of authorship, including, without limitation, images, audio files, text, software (but
excluding User software) or other materials, (collectively, “User Content”), you hereby grant to Silent
Creations a
perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to
grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare
derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably
represent and warrant to Silent Creations that (i) you have all necessary power, authority, right, title
and/or
licenses to grant to Silent Creations the foregoing right and license and (ii) the posting, submission,
display by
you of User Content on the Site, and the exercise by Silent Creations of the foregoing license does not and
will not
(1) violate any applicable law or government regulation or (2) infringe any right of publicity or invades
the privacy of others, or any intellectual property right of any third party, (iii) no User Content you
provide (1) will constitute obscene, pornographic, indecent, profane or otherwise objectionable material,
(2) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, or (3) is libelous
or defamatory.
Suggestions
You hereby grant to Silent Creations a royalty-free, worldwide, transferable, sublicenseable,
irrevocable, perpetual license to use or incorporate into the Site and/or the Service any suggestions,
enhancement requests, recommendations or other feedback provided by you to Silent Creations that is related
to the
Site and/or the Service.
Indemnification
You hereby irrevocably agree to indemnify, defend and hold Silent Creations, its affiliates,
directors, officers, employees and agents harmless from and against any and all loss, costs, damages,
liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim
resulting from a breach by you of any of your covenants, representations or warranties contained in these
Terms of Service and/or (ii) your use of the Site and/or the Service.
Linked Websites
The Site may contain links to other websites that are not owned or operated by Silent Creations, and you
agree that
Silent Creations provides links to such websites solely as a convenience and has no responsibility for the
content
or availability of such websites, and that Silent Creations does not endorse such websites or any products
or
services associated therewith. Your use of such websites will be subject to the terms of service applicable
to
each such website.
LIMITATION OF LIABILITY
Warranty Disclaimer
THE SITE AND, SITE CONTENT AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND
“AS AVAILABLE” BASIS, AND SILENT CREATIONS MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONENT ARE
COMPLETE,
SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, SILENT CREATIONS HEREBY
EXPRESSLY
DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND
SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS
OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND SILENT CREATIONS MAKES
NO
REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR
THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SILENT CREATIONS
SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE,
THE SITE, THE SERVICE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF SILENT CREATIONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN
BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. You acknowledge that you have read, understand and
agree to The Basetrip’s Privacy Policy located at
privacy
policy, which is hereby incorporated into
and made a part of these Terms of Service by this reference.
Location of the Site and your Use
Silent Creations operates or controls the operation of this Site and the Service from offices in Croatia
(Jarnovićeva 17i, 10000 Zagreb).
In addition, the Site and the Service may be mirrored, and other websites operated or controlled by Silent
Creations
may be located, at various locations in and outside of Croatia. Silent Creations makes no representation
or warranty that all of the features of this Site or Service will be available to you outside of the
Croatia, or that they are permitted to be accessed outside of Croatia. You acknowledge that you are
solely responsible for any decision by you to use of this Site and/or the Service from other locations, and
that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
General
These Terms of Service constitute the entire agreement and understanding between the parties concerning the
subject matter hereof, notwithstanding any different or additional terms that may be contained in the form
of purchase order or other document used by you to place orders or otherwise effect transactions hereunder,
which such terms are hereby rejected. These Terms of Service supersede all prior or contemporaneous
discussions, proposals and agreements between you and Silent Creations relating to the subject matter
hereof. No
amendment, modification or waiver of any provision of these Terms of Service will be effective unless in
writing and signed by an officer of Silent Creations. If any provision of these Terms of Service is held to
be
invalid or unenforceable, the remaining portions will remain in full force and effect and such provision
will be enforced to the maximum extent possible so as to effect the intent of the parties and will be
reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by
Silent Creations may be implied from any actions or failures to enforce rights under these Terms of Service.
These
Terms of Service are intended to be and are solely for the benefit of Silent Creations and you and do not
create any
right in favor of any third party.
All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive
jurisdiction of a
court of competent jurisdiction located in Zagreb, Croatia and each party irrevocably consents to such
personal jurisdiction and waives all objections to this venue.
Privacy
Please visit
privacy policy to understand how
Silent Creations collects and uses personal information.
We specifically limit our liability if something goes wrong.
Silent Creations d.o.o. / Silent Creations Ltd
Silent Creations Ltd for IT services — Registered at the Commercial Court in Zagreb, Croatia — MBS
081120294, VAT ID HR27747833440 — Person authorized to represent the company: Sven Kapuđija — Share capital
of the company of 20.000,00 HRK / €2.654,46 (fixed conversion rate 7,53450) has been paid in full