Categories
Opti.Space Documents US

GENERAL TERMS AND CONDITIONS

The general terms and conditions of the Opti.Space website have been compiled in accordance with the relevant legislation and in accordance with the international codes for e-commerce.

The Opti.Space website, available at the direct web link https://opti.space (website), is managed by Opti.Space, spletne storitve doo, Mesarska cesta 22, 1000 Ljubljana, registration number: 8425795000, VAT ID: 88192458, which is an information company and at the same time a service provider in connection with the website (hereinafter: “we”, “Opti.Space”). Opti.Space is also the owner and operator of the websites available at https://opti-space.de, www.opti-space.com and www.opti-space.net.

The General Terms and Conditions govern the business relationship between Opti.Space and Owners, between Opti.Space and Clients, and between Opti.Space and End Users (Clients, Owners and End Users together “Users”) when using the services provided by Opti.Space through the website.

Opti.Space reserves the right to change the general terms and conditions, including changes in the prices of services. Any changes to the General Terms and Conditions will be published on the website https://opti.space and will take effect at the time of publication or later, after the expiration of a certain period, if so stated. It is the obligation of each User to find out through the website whether there have been changes to the general terms and conditions and what these changes are. Opti.Space will ensure that the notice of changes to the general terms and conditions is clearly visible on the website.

Agreeing to these general terms and conditions in full is a condition that you can use the services provided by Opti.Space through the website. If you do not agree to these general terms and conditions, you are obliged to stop using our services immediately. The same applies in the event that you do not agree to subsequent changes to the General Terms and Conditions.

Last update: July 2020

IMPRESSUM
  1. INFORMATION ABOUT US
Company’s name:Opti.Space, spletne storitve
Registered address:Mesarska cesta 22, 1000 Ljubljana
Email address:info@opti-space.com
Telephone number:00386 41 317 215
Tax number:88192458
Register number:8425795000
Entry in the court register:30.04.2019
Bank Account:SI56 3400 0101 9568 722
Managing Director:Sabina Veronika Golob

Opti.Space is an information company that provides a digital online marketplace service (see below point ii. Service). The umbrella law for the operation of Opti.Space is the Slovenian Information Security Act (ZinfV).

Opti.Space is not:

  • real estate or any other intermediary regulated by any of the sectoral laws (eg Slovenian Real Estate Business Act or the Insurance Act);
  • regulated financial institution (eg. payment service provider, venture fund, etc.).

Availability of information

Opti.Space undertakes to provide the User with the following information at all times:

  • company identity (name and registered office, register number),
  • contact details that enable the User to communicate quickly and efficiently (e-mail, telephone),
  • the essential elements of the service description,
  • conditions for the execution of the service,
  • all costs must be clearly and unambiguously identified and it must be made clear whether they already include taxes and any other costs,
  • method and deadline for payment,
  • time validity of the offer (if limited),
  • the period within which it is still possible to cancel the booking and the conditions for canceling the booking; in addition, the costs of canceling a booking,
  • an explanation of the complaint procedure, including any details of the contact person or customer service.
  1. SERVICE

FOR THE OWNER:

Only a legal entity or an individual with the status of an sole entrepreneur can act as a provider of Business Premises on the website.

The bidder may be the owner of the Business Premises. In the event that he is not the owner, he must provide all the necessary permits and consents that the Business Premises can offer through the website.

The Owner creates a list of Business Premises (one or more) on the website, within its user account, which it is ready to lease to the Clients and receive payment from the Client. The number of Business Premises that the Owner may offer through the website is not limited.

The type of Business Premises according to the purpose of use is determined by Opti.Space. The same applies to other criteria regarding Business Premises (eg location, required infrastructure, required equipment, etc.).

Opti.Space or persons related to it may also act as a Owner of business premises on the website.

FOR CLIENT:

The Client may become acquainted with the offer of Business Premises of one or more Owners via the website and make a booking with the Owner via the website, in direct contact with the Owner.

The Client may be the end user of the Owner’s business premises. However, the Client may use the business premises of the Owner to perform its services offered to other persons (customers or “End Users”).

The website enables functionality, using which the Client provides its End Users with information on the location of business premises, access, hours of the Client’s service and enables the export of this information to the electronic calendar (eg Google Calendar) of the End User. The use of this functionality by the Client is at his complete discretion (optional).

FOR THE END USER:

The End User is the Client’s customer. The End User uses the services offered by the Client in the Owner’s premises.

The website provides the Customer with certain functionalities, which are described in the previous point (For the Client).

OPTI.SPACE:

Opti.Space is not a party to the legal and business relationship entered into by the Owner and the Client through the website, nor is it a party to the legal and business relationship between the Client and the End User. Opti.Space, in relation to Users, offers only an online platform (online marketplace), which enables the conclusion of business and legal relations between Users (eg concluding a lease agreement for Business Premises). As an online marketplace, Opti.Space connects supply and demand when renting Business Premises (services offered by Opti.Space through the website). These are different types of business premises and different lease durations.

In this way, Opti.Space offers information company services (online platforms), not real estate lease brokerage services.

An information company service is a service that is provided for a fee, remotely (without the personal presence of customers), electronically (via a website) and is fully transmitted, received and sent by electronic means (definition under the Information Security Act – ZinfV) .

The Opti.Space service in relation to Users essentially refers to ensuring the operation of the website and ensuring the functionality of the website, which enables the conclusion of legal and business relations between Owners and Clients.

Opti.Space provides Users with access to the Website and the services that the Website provides during the operation of the Website.

Limitation of liability for breaches

In the event that the Client and the Owner enter into a legal and business relationship through the website (eg a contract on the use or lease of space), Opti.Space is in no case liable for obligations under this contract, as agreed by the parties to the contract, nor has any rights deriving from the contract. Opti.Space’s liability for breaches of contractual terms concluded between the Client and the Owner is completely excluded. None of the parties to the legal and business relationship has the option of claiming recourse against Opti.Space.

The same exclusion of Opti.Space’s liability applies in the case of a concluded legal and business relationship between the Client and the End User.

Liability of Opti.Space is also completely excluded in the event that a third party files a claim for damages against the Owner or any other claim for compensation for material or non-material damage as a result of unauthorized rental of the Business Premises.

Limitation of liability for the damages:

As defined in the previous paragraph, Opti.Space is completely excluded from liability for breaches of obligations of the Users under the contract concluded between them, Opti.Space is completely excluded from liability for any damage that would occur to the Owner, Client or End User as a result of a legal and business relationship.

Other relevant Opti.Space’s documents:

  • Price list for the services: the costs of services for the use of the Opti.Space online platform and other conditions for charging them are set out in the Price List of Services..
  • Cancelation policy: the method of cancellation of the booking of the Business Premises and the related costs.
  • Privacy policy: the manner of collecting and processing personal data of Users and the rights of Users they have under this title.
  • Cookies policy: the method of use and the types of cookies used by Opti.Space when the Users visit the website.
  1. OWNERS

The Owner can be any legal entity that is the owner of commercial real estate, which is the subject of the offer on the website, or has right of disposal of this real estate (“Business Premises”) by renting it out or using it.

The Owner may also offer Business Premises on the websites of other online platforms that provide the same or similar services as those provided by Opti.Space.

Obligations, commitments and statements of the Owner:

  • compliance with agreements with Opti.Space: the Owner undertakes to comply with all agreements concluded with Opti.Space.
  • integrity of the user account: the Owner undertakes to take all necessary measures to ensure that only the Owner’s legal representative or another person has access to the user account (see point v. Users) based on the authorization of the Owner’s legal representative, to establish business relationship on the Owner’s behalf.
  • legal right of disposal: the Owner declares that it has all the necessary consents for offering the Business Premises through the website and that by offering the Business Premises he does not violate any valid legal agreements with third parties.
  • suitability of the Business Premises: the Owner undertakes to offer through the Website only Business Premises that are suitable for use, from the point of view of ensuring the safe use of the space, orderliness and appropriate equipment of the space. The Owner also ensures that the space is free of hidden defects that could in any way endanger the Client or the End User during the use of the business premises.
  • display of the actual condition of the Business Premises: the Owner undertakes to publish information on the Business Premises (visually or descriptively) on the website, which reflects the actual condition of the Business Premises.
  • intellectual property rights: the Owner undertakes that the user content (see vii. Intellectual property rights) is the property of the Owner and that by publishing the content on the website it does not infringe any intellectual rights of third parties.
  • readiness of the business premises: the Owner undertakes that in case of confirmation of the booking by the Client, the Business Premises will be prepared in the manner and time as agreed in the contract between the Owner and the Client.
  • publication of customer ratings or opinions: the Owner agrees to the publication of Clients’ and End Users’ ratings and opinions regarding the Business Premises, which Opti.Space may publish on the website.
  • price determination: the Owner is exclusively responsible for determining the rental price of the Business Premises. The price published on the website is considered as a valid price. The Owner may change the price at will, without retroactive effect:
    • a change in the price for hourly bookings will not affect the amount charged for hourly bookings that have already been confirmed, even if such a booking has not yet started;
    • changes in the price for monthly bookings will not affect the amount charged during the period of bookings for monthly bookings.
  • obligation to pay for Opti.Space services: the Owner undertakes to settle all financial obligations to Opti.Space in a timely manner.
  • obligation to pay other obligations: the Owner undertakes to pay all taxes and other duties that would arise to the Owner from the lease of the Business Premises using the services of the website. Opti.Space’s liability for these financial obligations of the Owner is completely excluded.

Minimum contractual standards to be included in the lease agreement concluded between the Owner and the Client:

  • provision of alternative space: if before or during the lease of the Business Premises it turns out that the Owner for various reasons cannot provide the Client with normal or timely use of the Business Premises, the Owner must immediately provide the Client with a replacement space. Such space must have same or similar characteristics as the reserved Business Premises.
  • house rules and other rules: the Owner must acquaint the Client with the rules of use of the Business Premises in an appropriate, clear and understandable manner. The Client must confirm his understanding of the Owner’s house rules and accept these rules. Everyone to whom the Client allows the use of the Business Premises is obliged to respect the rules of use of the Business Premises. In the event that the damage is caused by a person other than the Client, this does not exclude the Client’s liability to the Owner.
  • description of the Owner’s equipment and infrastructure: the Owner must be clearly informed which equipment and infrastructure of the Owner is available to him during the use of the Business Premises and to what extent.
  • intended use of the Business Premises: the permissible purpose of the use of the Business Premises must be known to the Client before concluding the lease agreement.
  • termination of the contract: the reasons for terminating the contract by the Client or the Owner, must be clearly stated. Similarly, other effects that occur in the event of early termination of the contract (eg regarding payment) must be clearly wirtten.
  • definition of costs: the costs that the Client will incur in connection with the use of the Business Premises must be clearly recorded and communicated to the Client in an appropriate manner. Hidden costs for the Client are prohibited.
  • sub-lease: if the Owner allows the Client to sublease the business premises, the conditions of the sublease (acceptable activities, the Client’s responsibility for the End User’s actions) must be clearly defined.

Charging rental price:

In accordance with the Opti.Space policy, the Owner has three options for charging the costs of renting the Business Premises:

1. The Owner charges the Client for the service at the end of the month (in this case the Owner is obliged to charge and arrange payment of the Client for the services, as well as payment for Opti.Space services) after receiving the service bill on the 1st day of the month for the previous month.

2. The Owner charges the Service to the Client at the end of the month, Opti.Space for the Owner (for an Owner’s account) charges the first of the month the costs defined under points b and c in the next paragraph, for the previous month.

3. The Owner within the user account selects the setting of real-time payment of bookings for an individual location and Opti.Space collects the following payments for the Owner (for an Owner’s account):

  1. for hourly bookings, prices for hourly bookings that have been (i) completed or (ii) canceled but not reimbursed in accordance with the cancellation policy,
  1. for daily bookings, prices for daily bookings that have been (i) completed or (ii) canceled but not reimbursed in accordance with the cancellation policy,
  2. for monthly provisions, prices for monthly provisions that have been (i) initiated, (ii) renewed or (iii) canceled but the costs have not been reimbursed in accordance with the cancellation policy.

The Owner has the option within the user account in the settings of an individual location to set the way in which the costs of processing the booking are charged to the Client.

Immediate billing and payment of bookings at an individual location:

Opti.Space will return to the User the difference between collected payments and charged payments for Opti.Space services within 8 days of receipt of payment by the Client after the service (booking), except for monthly bookings that begin or renew on the first day of the month.

Monthly bookings starting or renewed on the first day of the month:

Opti.Space will pay the Owner the amount within 15 days after the beginning of the month for the current month or in accordance with the payment received from the Client.

Monthly billing and payment of bookings at an individual location:

On the 1st day of the month for the previous month, Opti.Space will charge the Client the total amount of bookings made for the previous month and return the difference to the Buyer between collected payments and charged payments for Opti.Space services within 8 days after payment received by the Client, except for bookings that start or renew on the first day of the month.

For monthly bookings that start or renew on the first day of the month, Opti.Space will pay the Owner the amount within 15 days after the start of the month for the current month or in accordance with the payment received from the Client.

Contact and payment information:

Owner is:

  • exclusively responsible for providing accurate contact and payment information related to the Owner’s user account;
  • obliged to keep complete and accurate records on the use of the Business Premises and the payment of the Client;
  • Opti.Space reserves the right to:
    • audit of the Owner’s records from the previous paragraph;
    • suspension of payment, if Opti.Space requests from the Owner the provision of tax or other information, but the Owner does not provide this information without justification
    • reduce the payment to the Owner in case Opti.Space incurs costs as a result of incorrect payment (bank) information of the Owner.

Cost of Opti.Space services:

For any bookings (hourly, daily, weekly, monthly) booked through the website, the Owner agrees to pay the cost of the service in the amount and in the manner specified in the Price List – packages.

The Owner is obliged to issue an invoice to the Client for the entire gross amount of the booking.

The Owner and Opti.Space settle their obligations and receivables from the booking of Business Premises through the website with mutual netting on the basis of which Opti.Space transfers the difference to the Owner.

In the event when the Owner collects the payments of the Client, he is obliged to pay for Opti.Space services within 8 days of the invoice being issued.

The monthly subscription for the Opti.Space package is paid on the 1st of the month for the current month, the remaining amounts related to turnover are paid after the invoice and invoices are issued by the 5th day of the month with a maturity of 15 days.

The Owner agrees that Opti.Space accepts payments from Clients as an agent for accepting Clients payments (payments for an Owner’s account) and that Opti.Space’s obligation to pay the amount to the Owner is dependent and conditional on the successful receipt of related payments from the Client.

Opti.Space does not guarantee payments to the Owner for amounts not received by Opti.Space in full from the Client.

  1. CLIENT

The Client may be any legal or natural person who concludes or may enter into a business and legal relationship with the Owner regarding the lease of Business Premises and who contacts the Owner through the Services accessible on the website.

In the event that the Client is a natural person, the Client must be at least 18 years old and have legal capacity to enter business relationship.

Obligations, commitments and statements of the Client:

  • total cost of renting the Business Premises: The Client confirms the understanding that the cost of processing the booking can be additionally added to the price of renting the Business Premises. The amount of this cost depends on the payment service provider.
  • awareness and acceptance of obligations: the Client confirms the understanding of his obligations towards Opti.Space and to the Owner and at the same time confirms that he accepts these obligations.
  • acceptability of the service: the Client undertakes to use the business premises of the Owner in accordance with and for the purpose as agreed with the Owner.

Charging for the lease:

When booking the premises, the Client agrees to pay the price for the use of the Business Premises, as specified in the offer for the Business Premises and based on the booking (per hour, week, day or month).

The price of the hourly booking service is the price per hour of booking, the price of the daily booking service is the price on the day of booking, and the price of the monthly booking service is the price for the calendar month of booking.

Hourly bookings are bookings lasting up to 24 hours, including all bookings for the whole day if a booking is selected via the Book an Hour option. The same applies to recurring bookings that are repeated several times at the same dates.

The price of the service will be charged to the Client as follows: Opti.Space will request the Client’s credit card or PayPal account information and billing address or other payment information, and Opti.Space will process the payment as payment in the name and for the Owner’s account. In the case of monthly billing by the Owner, the Client pays the cost of the service directly to the Owner.

The Owner is obliged to issue an invoice for the full amount of the service.

In accordance with the options for charging for Opti.Space services, it acts as an authorized agent for collecting payments for the Owner, and the payment is considered to be made directly to the Owner.

The amount and time of payments for the price of the service processed by Opti.Space on behalf of the Owner are based on the booking made. For bookings by hours or days made under the Opti.Space option, Opti.Space will process payments at the time of booking. When booking by hours or days, the Client will pay the price of the service for the total number of booked hours or days, including taxes specified in the offer for Business Premises (payment by hourly or daily booking).

Monthly bookings must last at least one calendar month. For monthly bookings, Opti.Space will process the initial payment for such bookings immediately after the Client confirms his booking in the online service. For monthly bookings, the initial payment will be equal to the price of the service for the entire calendar month of the booking and all applicable taxes.

Discounts:

The discount or promotional code, which can be published on the website of an individual Owner or in other forms of messages, provides the Client with special benefits in the cost of renting Business Premises and can be used within the period specified on the website by an individual Owner.

Cancelation costs :

Any booking of business premises canceled by the Client is treated in accordance with the provisions applicable to cancellation in the Opti.Space Cancellation Policy.

  1. USERS

Obligations, commitments and statements of the Users (Clients and Owners):

  • establishment of a user account: a precondition for using the services on the website and for concluding a legal and business relationship between the Client and the Owner regarding the lease or other use of the Business Premises is that the Client and the Owner create their own user account on the website. Within the user account Opti.Space provides various functionalities tailored to each type of user.
  • provision of correct, up-to-date data and information: when using the services offered on the website, the User undertakes to provide correct, accurate data. In the event of a change in the data, the User undertakes to update the data in a timely manner;
  • account security protection: each User assumes all responsibility for the security of his user account. It is the duty of each User to provide appropriate measures (operational, technological) that prevent unauthorized access to the user account;
  • providing information to Opti.Space: the User undertakes to provide Opti.Space with all information necessary for the provision of services via the website upon request, if Opti.Space justifiably proves that it needs this information.
  • legal status of Opti.Space: the User confirms the understanding of the legal status of Opti.Space in a way that Opti.Space acts as an information company (online marketplace) and not as a real estate or other intermediary.
  • legal relationship: the User confirms the understanding of the parties to the business relationship when renting the Business Premises, in such a way that the only parties to the legal relationship are the Client and the Owner. Opti.Space is not a party to a legal relationship.
  • giving an opinion, assessment: the User’s user account allows the User, after the termination of the contractual relationship (lease), to give an assessment or opinion regarding the counterparty:
    • Client for the Owner;
    • Owner for the Client;
    • End User for the Client.

Opti.Space reserves the right to publish on the website the opinions of the Clients regarding the Owners and the opinions of the End Users regarding the Clients.

  • familiarity with other Opti.Space documents: the User confirms that he has become acquainted with other Opti.Space documents (eg the price list of services) before using the services on the website and that he accepts the conditions in these documents.
  • commitments regarding the use of the website: the User undertakes that when using the website he will:
    • refrain from using an automated script to gather information or otherwise interact with the service;
    • refrain from using manual or automated software, devices, scripts, robots, side gates or other means or processes or “web spiders”, “web worms” to access web pages or other services contained in the Opti.Space service;
    • refrain from misrepresenting a person or entity, or misrepresenting or misrepresenting belonging to a person or entity, including giving the impression that content uploaded, posted, downloaded, distributed or otherwise made available by the User originates from Opti.Space;
    • refrain from uploading, publishing, transmitting, distributing or otherwise unauthorized or unauthorized advertising of promotional material, “spam”, “chain letters”, “pyramid system” or any other prohibited form of solicitation;
    • not to upload, publish, transmit, distribute, store or otherwise publicly post third party private information on the website, including addresses, telephone numbers, e-mail addresses, VAT numbers and credit card numbers;
    • not to interfere with or damage Opti.Space with viruses, automatic deletion of messages, Trojan horses, malicious code, backfilling with pings, disabling the service, side ports, forging data packets or forging IP addresses, forged diversion information, or forged sender’s e-mail addresses or similar methods or technologies;
    • not to intimidate or harass another User or to promote sexual material, violence or racial, sexual, religious discrimination, discrimination based on nationality, disability, sexual orientation or age;
    • not to upload, publish, transmit, distribute or otherwise make available material that infringes the copyrights, trademarks or other intellectual property rights of a third party;
    • not to upload, publish, transmit, distribute or otherwise make available material that is defamatory, obscene, offensive, hostile or incendiary;
    • not to upload, publish, transmit, distribute or otherwise make available material that constitutes, promotes or instructs a criminal offense;
    • not to use or attempt to use another account, service or system without the permission of Opti.Space or to create false identities when using the services;
    • not to use the services in a way that could create a conflict of interest or undermine the quality of the service by exchanging / trading service ratings with other users or writing or encouraging false service ratings;
    • not to use the Services in a manner that violates any law or otherwise engages in illegal activities in connection with your use of the Service;
    • not to upload, publish, transmit, distribute, store or otherwise provide answers, comments, opinions, analyzes or recommendations for which it is not authorized or qualified to provide, and
    • not to upload, publish, transmit, distribute, store or otherwise make available content that is at Opti.Space’s sole discretion, that restricts or prevents a third party from using the Website or that may cause damage or liability to Opti. Space or its Users.

– out-of-court settlement of the dispute: in the event of any dispute between the User and Opti.Space, the User undertakes to first try to resolve the dispute out of court. If this proves unsuccessful, the court in Ljubljana is competent to resolve the dispute.

Closing user account

The user may close the user account on the website at any time by sending Opti.Space a termination notice in accordance with the instructions available within the user account.

The Owner is obliged to fulfill the existing bookings that have already been concluded in full.

Opti.Space may prevent you from accessing, using or participating in the Service, including any content therein, at any time after termination of your User Account.

Opti.Space will remove the Owner’s profile from the website upon termination of the account and will stop displaying the contents of the profile.

  1. OPTI.SPACE

Costs charged by Opti.Space

Opti.Space charges a fee for the services it offers through the website. The costs are described in more detail in the Price List of Services.

Opti.Space may also charge Users for the costs of other providers (eg costs of payment service providers) if these costs are related to Opti.Space services. The user must be informed of the costs in advance and agree with them.

Opti.Space reserves the right to:

  • discretion regarding Users: Opti.Space reserves the right, without any explanation, to prohibit the User from using the services through the website or to partially restrict the services or not to allow him to create a user account on the website.
  • discretion regarding Business Premises: Opti.Space determines at its own discretion what types of real estate can be offered for rent through the website. The same applies to the setting of other minimum standards for Business Premises, in particular standards that prescribe the required characteristics regarding the equipment of the Business Premises, the infrastructure in the building or its surroundings, access to the Business Premises and others. Opti.Space reserves the right to change the conditions regarding the acceptability of the Business Premises.
  • discretion regarding the permanent or temporary closure of the user account: Opti.Space may at any time temporarily or permanently restrict the User’s access to the user account if Opti.Space has reasonable reasons for such a decision.
  • discretion regarding the inspection of the Business Premises: Opti.Space reserves the right and the Owner must allow him to perform a physical inspection of the Business Premises. Opti.Space must announce such a tour at least 24 hours before the intended tour.
  • discretion regarding the use of the obtained ratings of the Users: Opti.Space reserves the right to freely dispose of the obtained ratings and opinions of the Users for its internal needs. Based on these ratings, Opti.Space may make certain business decisions regarding individual Users.
  • discretion regarding the Services and the Website: Opti.Space may change the Services offered through the Website at any time. Opti.Space can also change the content of the website in any way.

Liability and limitation of liability for the Opti.Space:

  • relationship with Opti.Space: the User confirms the understanding that Opti.Space, in concluding a business and legal relationship between the Owner and the Client and between the Client and the End User, does not act as a real estate agent, but as an information company offering digital services (digital market);
  • operation of the website: Opti.Space undertakes to the best of its ability to ensure the undisturbed operation of the website, which can be accessed via a computer or mobile devices. In the event of damage to the Owner due to the non-functioning of the website, Opti.Space shall not be liable for such damage. In the event that the User causes damage to the software or hardware due to the use of the website, Opti.Space shall not be liable for such damage. Opti.Space will do everything in its power to ensure a safe visit to the site, to detect errors in a timely manner and to eliminate them in a way that will not cause harm to Users.
  • User eligibility checking: Opti.Space has no obligation to verify the suitability of Users, but may do so at its own discretion. Opti.Space assumes no responsibility for non-eligible Users. It is the duty of each User to check the suitability of the counterparty before concluding a business and legal relationship;
  • checking the suitability of the Business Premises: Opti.Space has no obligation to check the suitability of the premises, but may do so at its own discretion. Opti.Space assumes no responsibility for unsuitable Business Premises. The Client has the duty to check the Business Premises before concluding a business and legal relationship with the Owner;
  • prohibition of Owners’ discrimination: Opti.Space treats all Owners under the same conditions. In the event that Opti.Space offers its Business Premises on the website, Opti.Space is subject to the same conditions as other Owners.
  • infringement of intellectual property rights: in the event that the User violates the intellectual rights of third parties by publishing content on the website, in such a case any liability of Opti.Space is excluded.
  • checking the legal compliance and content of contracts between Users: Opti.Space is not familiar with the content of contracts concluded between Users. Opti.Space does not control the content of these contracts, nor does it assess the legal compliance and legality of these contracts. Any liability of Opti.Space from the illegality of these contracts is completely excluded.
  • breach of the lease agreement: in the event that the Client or the Owner violates the provisions of the lease agreement or other contract concluded between them, Opti.Space is liable for these violations or for damage resulting from these violations.
  • publishing ratings, comments of Users: Opti.Space reserves the right to publish the opinions of Clients regarding Owners and End Users regarding Clients on the website. Opti.Space also reserves the right, based on the opinion of the Owner (or several Owners) regarding an individual Client, to prepare a profile of the Client, based on which it has discretion as to whether this Client may continue to have a user account on the website.
  • liability for damages caused to the Client or to the End Users: Opti.Space is not liable for damages to the Client or End Users that would result from the use of the Business Premises.
  • liability for damage to the Business Premises: Opti.Space is not liable for any damage that the Client or the End User would cause during use on the equipment of the Business Premises or on other equipment or infrastructure of the Owner. This also includes damage resulting from the normal use of theOwner’s equipment and infrastructure.

TO AVOID ANY DOUBT OPTI.SPACE STATES:

  • OPTI.SPACE, ITS SUPPLIERS OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS TO USERS OR SUPPLIERS TO THIRD PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE DAMAGES, LOST PROFITS, LOST DATA, INJURY OR MATERIAL DAMAGE OF ANY TYPES RESULTING FROM THE USE OF THE SERVICES OFFERED BY OPTI.SPACE THROUGH THE WEBSITE, CONTENT OR OTHER MATERIALS ACCESSABLE THROUGH OR TRANSFERRED FROM THE WEBSITE, OR USE OF THE BUSINESS PREMISES, EVEN IN CASE OPTI.SPACE KNEW SUCH DAMAGES MIGHT OCCUR OR WAS INFORMED ABOUT THE POTENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING, OPTI.SPACE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IS NOT LIABLE FOR LOSS OR DAMAGES RESULTING FROM BUSINESS OPERATIONS, AGREEMENTS OR DISPUTES BETWEEN OWNERS AND CLIENTS.
  • OPTI.SPACE OFFERS TO USERS THE SERVICES AS DESCRIBED IN THESE TERMS AND CONDITIONS, WITH THE DESCRIBED EXCEPTIONS, THEREFORE OPTI.SPACE AND SUPPLIERS DISCLAIM ANY OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE PREMISES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED PROVIDE LEGAL TITLES OZ. RIGHTS, SALES, SUITABILITY FOR A PARTICULAR PURPOSE OR NON – VIOLATION.
  • OPTI.SPACE CANNOT GUARANTEE AND DOES NOT PROVIDE TO OWNERS OR CLIENTS, AND OWNERS CANNOT GUARANTEE OR PROVIDE SPECIAL RESULTS FROM THE USE OF THE SERVICE OR BUSINESS PREMISE.
  • WITHOUT LIMITATION TO THE ABOVE, OPTI.SPACE DOES NOT WARRANT OR GUARANTEE THAT THE SOFTWARE, CONTENT OR MATERIALS AVAILABLE THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE.
  • OPTI.SPACE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE OR BOOKING OF THE BUSINESS PREMISE WILL BE ACCEPTABLE ACCORDING TO THE CLIENT’S REQUIREMENTS.
  • OPTI.SPACE DOES NOT WARRANT OR GUARANTEE THAT ANY BUSINESS PREMISE COMPLIES WITH APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE TO BE USED.
  • OPTI.SPACE DOES NOT WARRANT THAT THE SERVICE THROUGH THE WEBSITE WILL ALWAYS AND EVERYWHERE BE UNINTERRUPTED OR SECURE, THAT ALL ERRORS ARE FIXED, OR THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES AND OTHERS.

THE ABOVE DISCLAIMER STATEMENTS FOR OPTI.SPACE ARE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

These General Terms and Conditions and other Opti.Space documents available to Users via the Website constitute the entire agreement between the User and Opti.Space regarding the use of the Service and supersede all prior agreements between the User and Opti.Space regarding the use of the Opti.Space Services via the website.

If Opti.Space does not exercise the rights or provisions of these general terms and conditions, this does not constitute a waiver of these rights. If any provision of these General Terms and Conditions is found to be illegal, void or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. These general terms and conditions are not transferable to third parties.

Dispute Resolution between Users:

Opti.Space has the right, but not the obligation, to act as a mediator in a dispute between Users.

  1. INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights (general)

All content on the website, including User content, models, text, graphics, images, videos, information, software, audio and other files, and their selection and layout (“Site Content”) are the property of Opti.Space or the Users or providers of their rights of use.

The content of the website may not be modified, copied, distributed, edited, reproduced, transmitted, uploaded, displayed, published or sold in any form or in any way, in whole or in part, except as expressly provided in these General Terms and Conditions.

Users may access the services and the Site Content and may use, download or print only part of the Site Content in reasonable number of copies, to which Users have gained access (a) solely for personal, non-commercial use or (b) solely for the referencing of third parties on the service or to compile a collection of advertisements for premises through the service (“collection”), provided that the user retains all copyright or other proprietary indications on all copies of such site content.

Apart from its own User content, the User is not allowed to publish or otherwise distribute the content of the website, neither via the internet nor through any intranet or extranet website, nor is the User allowed to include the content of the website in any other database or database.

The User is not entitled to use any databases, robots, or similar methods of data retrieval to obtain the content of the Website. Any use of the website or the content of the website not specifically mentioned in this document is prohibited and will automatically terminate your rights with respect to the use of the service and the Site Content permitted herein.

All rights of Opti.Space or its rights of use, which are not expressly permitted in these Terms and Conditions, are reserved to Opti.Space and its licensors.

Intellectual property rights of Owners – profile

The Owner is allowed to display certain information on the website in relation to the Owner or the company or organization of the Ownerr, including your Business Premise (profile).

The Owner’s profile will show other Users certain registration data and other content about the Owner, including the Owner’s Business Premises, which you offer for use via the website (profile content).

The Owner may not state its name on the website within the content of an individual Business Premise / location and in any way address the Client to conclude a transaction outside the website. Accordingly, the Owner may not provide the following information in the profile:

  • name and title of the Owner;
  • Owner’s website address;
  • contact details (eg e-mail, mobile number);
  • any information or phrases that encourage Clients to enter into a transaction outside the Website;

The Owner is solely responsible for the content of the profile, messages, notes, text, information, offers, images, links and any other content that uploads, publishes, displays or otherwise provides to Opti.Space for display (publication) on the Website.

It is prohibited to publish, send or distribute user content over which the Owner does not have copyright.

Intellectual property rights of Opti.Space

“Opti.Space” is a trademark of Opti.Space “Opti.Space” together with other graphics, logos, models, page headers, icons, script and names of services on the website represents a trademark or a set of all rights and rights of it in Slovenia and other countries (“Opti.Space trademark” ).

The User is not entitled to use the Opti.Space trademarks either as part of the trademarks or as part of the domain names associated with the product or service in any way that could cause confusion or create the impression that Opti.Space supports the product or service.

Without the prior written permission of Opti.Space, the User is not entitled to use or dispose of the Opti.Space trademark in any way.

Opti.Space’s right to delete content

The Owner agrees that Opti.Space may inspect the Website and may at any time delete or remove the Site Content or User Content at its sole discretion for any reason or no reason, including the Content of the Owner that Opti.Space considers as a violation of these General Terms and Conditions. Opti.Space is not obliged to inform the Owner such action.

Opti.Space has no security or storage obligations regarding the content of the Owner. The Owner is financially responsible for making backup copies and replacing the User’s content, which the User publishes or stores on the website.

Opti.Space does not verify the accuracy, completeness, reliability or authenticity of the User content, nor the descriptions of the Business Premises or the information on the availability of the Business Premises offered by the Owners, nor does it give any indications or guarantees regarding the User content.

When the Owner publishes User content on the Website, the Owner grants to Opti.Space an irrevocable, permanent, non-exclusive, transferable, fully paid worldwide license (with the right to sublicense) for the use, reproduction, public publication, public display, modification, translation of the excerpt (in whole or in part), publishing and disseminating User content. Subject to the rights granted by the User to Opti.Space in these General Terms and Conditions, the Owner retains ownership of its own user content.

Intellectual property rights of third parties

The Website may contain links to third party websites and articles, photographs, text, graphics, images, models, sound, video, information and other content or objects belonging to or derived from third parties (third party content).

Opti.Space does not examine, monitor or verify third party websites and content to ensure accuracy, relevance or completeness and therefore Opti.Space is not responsible for third party websites accessible through the website or any third party content published on the site.

Opti.Space is not responsible for the access of third parties to the website or for the content of their posts, the accuracy of data, insults, opinions, privacy procedures or other policies on third party websites or for the content thereof.

The inclusion, linking or enabling of the use of any third party website or any third party content does not imply its approval by Opti.Space.

If the User chooses to leave the website and access third party websites, or access or use third party content, the User does so at his own risk. In such a case, these General Terms and Conditions do not apply. The User is obliged to review the applicable terms and conditions, including privacy rules and data collection practices on the website from which the User came, or from which the User downloaded applications or on which the Application User has used.

Breaching intellectual property rights

If you find that your intellectual property rights have been violated through the Website, please notify Opti.Space in writing.

  1. TEMPORARY OR PERMANENT USER ACCOUNT LIMITATION

Opti.Space reserves the right to permanently or temporarily terminate the User’s user account or the possibility to use the services via the website in whole or in part without prior notice in the following cases:

  • violation of these General Terms and Conditions;
  • when the User’s conduct harms Opti.Space or other Users of the Website;
  • in case of a negative assessment of other Users;
  • in the case of Opti.Space’s own discretion.

In the event of permanent or temporary termination of your User account or restriction of the use of services on the Website:

  • all ongoing or future bookings of the service by the Client or by the Owner will be terminated immediately;
  • may Opti.Space notify Clients or Owners that these bookings have been canceled;
  • Opti.Space can fully reimburse Owners for all confirmed bookings of the Clients and
  • The Owner will not be entitled to compensation for bookings that have been canceled due to permanent or temporary termination of the user account.
  1. CONTACTS

If you need any information or assistance with the online offer, ordering, delivery, use of the website or return of goods, you can contact us via email info@opti-space.com.

Leave a Reply

Your email address will not be published. Required fields are marked *