1. Definitions

a. “Service” means service related to the web-survey on knowledge of trademarks among consumers / public.

b. “Provider” means company Formitas, d.o.o., Dunajska 5, 1000 Ljubljana (hereinafter: Provider).

c. “Infrastructure” means application for performing Service and other technical means, needed to perform Service.

d. “Personal identifiable information” also referred as “PII” shall mean any information, defined as personal identifiable information, as defined in Slovenian legislation, especially in Slovenian Personal Data Protection Act (in Slovenian language: Zakon o varstvu osebnih podatkov”).

e. “Client” means person, who is using the Service and who provides e-mail addresses of the Respondent(s) / Potential respondent(s) and/or any other information, necessary to deliver Service. Precondition for using the Service is registration of the Client on the web address: www.brandtools.info

f. “Respondent(s)” / “Potential respondent(s)” means person(s), who receives the Invitation to take part in the Service with answering to the web-survey during the process of providing Services.

g. “E-mail addresses of the Respondent(s) / Potential respondent(s)” is e-mail address, provided by the Client, on which Invitation is sent.

h. “Invitation” is invitation, sent to the Respondent(s) / Potential respondent(s), to take part in a web-survey, which is part of the Service. Invitation is send on an E-mail addresses of the Respondent(s) / Potential respondent(s).

i. “Trademark” means any registered trademark in any jurisdiction, designated to mark goods/services and also non-registered mark, intended for marking goods / services on the market.

2. Description of Service

The purpose of the Service is to enable various Clients to perform on-line survey on knowledge and perception of any Trademark. After the Client’s registration, needed for using Service, the Client provides e-mail addresses of the Respondent(s) / Potential respondent(s), which will be invited to complete web- survey, related to the knowledge / perception of certain Trademark. Trademark, in relation to which web-survey is performed is designated by the Client.

Before sending invitation the Client shall confirm the content of the Invitation, that shall be sent to the Respondent(s) / Potential respondent(s). Client also formulates content of the reminder, which will be sent to the Respondent(s) / Potential respondents. Additionally the Client shall clearly indicate himself as the person, who invites Respondent(s) / Potential respondent(s) to take part in the web-survey / Service.

In case if Respondent(s) / Potential respondent(s) does not reply to the Invitation, Client has the option to send reminder to said person. To the individual Respondent / Potential respondent reminder can be sent solely once.

Part of the Invitation is also e-mail address of the Provider, which can be used by Respondent(s) / Potential respondent(s) for informing the Provider on any misuse of any information on Respondent(s) / Potential respondent(s) by the Client. With clicking “report abuse” Respondent(s) / Potential respondent(s) informs Provider that potential misuse of any information occurred. Immediately after such report Provider will perform all necessary actions for eliminating probability of misuse.

3. Need to register

a. For using the service the Client needs to register on-line on a web-page www.brandtools.info.  

b. The Client shall be at least 18 years old. In case if the Client is from jurisdiction, other than Slovenian, the Client shall be at least so old that he has full legal capability according to the relevant jurisdiction.

c. With registering for using the Services the Clients agrees with all terms and conditions for using Service, as out-lined here.

4. Warranties of the Client

a. In case if e-mail address of the Respondent(s) / Potential respondent(s) represents PII, the Client assures, that he acquired consent from such person to submit such e-mail address in the process of using the Service.

b. The Client expressively warrants that any information, provided during the usage of Service (especially, but not limited to, PII, if any, e-mail addresses, Trademarks etc.) does not infringe any rights of any person in any manner whatsoever. 

5. Liability of the Client

The Client confirms that he is aware that Provider provides solely infrastructure for performing Service. Therefore the Client shall indemnify and hold harmless the Provider of any claims, related to the using of the Services, directed towards the Provider.

Especially, but not limited to, solely and exclusively the Client is responsible for claims, related to the:

• Unlawful use of the PII during the usage of the Service;
• Infringement of any intellectual property rights;
• Any liability for any direct or indirect damages incurred / connected with using the Service by the Client.

In case if the court or any other competent government / state body finally decides that Provider shall bear any financial or any other burden, which is connected in any way whatsoever to the usage of the Service by the Client, the Client undertakes the obligation to refund such payment/burden to the Provider within 8 (eight) days from recipient of the demand for the repayment from the Provider.

6. Submitting the information and content of the web-survey

The Client is aware that solely he provides information (Trademark, in relation to whom web-survey shall be performed, list of Respondent(s) / Potential respondent(s) with theirs email addresses…), used during providing the Service. Provider does not collect any information for performing Services at his own initiative or on behalf of the Client.

Provider’s solely function is to assure Infrastructure, necessary for providing the Service. Consequently solely the Client is liable for legitimate collection of all information, provided during the usage of the Service and solely the Client is liable, that usage and/or sharing of any information, submitted by the Client during the usage of the Service, does not infringe any rights whatsoever of any person.

7. Deleting email addresses

The Client is aware that all email addresses, provided during the usage of the Services are deleted and are not stored once the reminder is sent to the individual Respondent / Potential respondent.

All information, provided during usage of the Service, are deleted permanently after Service is completed. Information are used exclusively for providing Service (sending e-mail with the invitation to take part in the web-survey and sending reminders).

8. Termination of the account / right to use Service

In case if Provider is informed by any person, that the possibility of infringement of any right of third person exist due to the usage of the Service by certain Client, Provider is entitled to block account of such Client and is entitled to prevent Client’s further use of the Service. Additionally the Provider is entitled to block / delete any information, provided by the Client during the usage of the Service or any information, stored on the Client’s account.

The Client is aware that in such case he is not entitled to demand any compensation for any damage, which might occur with such blocking / deleting of the information.

Provider does not assume criminal, contractual or any other liability, related to the Service. Solely the Client is liable for any criminal / civil / any other consequences of the usage of the Service.

Client will be blocked from using the services especially, but not limited to, in following cases:

• Any suspect of any unlawful / inappropriate communication, used during using Infrastructure;
• Any alleged or suspected infringement of any rights of any person (e.g. infringements related to the intellectual property rights);
• Any alleged or suspected infringement of rights, related to the protection of PII;
• Using infrastructure to perform SPAM, as defined at www.spamhouse.org;
• Any other inappropriate action, performed during using the Service. 

In any case Provide will inform competent authorities without undue delay on any actions, which might represent infringement of any applicable laws.

9. Modifications of this terms and conditions

Provider has the right to modify this Terms and conditions without the need to acquire consent form the Client. Such modifications are valid in advance, from the date of the acceptance and publication on.

10. Choice of law and jurisdiction

For all aspects, related to the Service, rules of Republic of Slovenia, without provisions of Slovenian international private laws, shall apply.

In case of any disputes, related anyhow with the Service whatsoever, the competent court in Ljubljana, Republic of Slovenia shall decide on such dispute.

I confirm that I read and understood this terms and conditions.

Done in Ljubljana; 31.01.2014 

Formitas, d.o.o., Dunajska 5, 1000 Ljubljana, Slovenia