Our Policies

1. Preliminary Provisions

These Terms of Use ("Terms") regulate and govern the rights and obligations regarding your use of the website https://kiroptera.com/, our social media profiles and our content on social media, newsletter, free consultations and our other free services ("Free Services"). The Provider of these services is Kiroptera Consulting, Robert Babić, s.p. ("Provider"). Before use of any of the Free Services, we urge you to read these Terms carefully in their entirety with all the annexes and policies. By using the Free Services you declare that you have read, understood and agree with these Terms in their entirety. If you do not accept these Terms, you may not use the Free Services of the Provider.

Contacting information of the Provider:

Kiroptera Consulting, pravno svetovanje, Robert Babić, s.p., Vojkova cesta 63, 1000 Ljubljana, Registration number: 9770712000, Tax number: 76242943, Email: info@kiroptera.com.

2. Definitions for the purposes of these Terms

• "Provider" means the undertaking Kiroptera Consulting, Robert Babić, s.p., as defined above.
• "Website" (also "the Provider's Website") means the website https://kiroptera.com/, all its subpages (including the Knowledge Center), language versions, and the Provider's profiles and content accessible on the internet and social media.
• "Free Services" mean the use of the Website, content, Knowledge Center, booking of a free consultation slot, the content of the free consultation, newsletters, interactions with the Provider based on contact details available online, interactions with the Provider through other communication channels (including social media), and similar services for which the Provider does not require payment.
• "User" may also be referred to as "you" or "your" and is a natural or legal person who uses the Provider's Free Services and accesses the information offered.
• "Usage" means any interaction with the Provider's Free Services, including, for example: merely opening the Website, viewing the Provider's content on social media, and similar activities.
• "Consumer" means any User who qualifies as a consumer in accordance with applicable consumer protection legislation.

3. Scope and validity of these Terms

• These Terms apply to all uses of the Provider's Free Services, unless different terms are specified in writing for a particular Free Service.
• These Terms also apply subordinately to the Provider's other services in the absence of a separate agreement between the Provider and the client.
• These Terms are effective from the date of publication until revoked or until new Terms are published, unless expressly stated otherwise.

4. Use of the Website and Free Services

• The Website and all other Free Services are provided "as is," without any warranties from the Provider regarding accuracy, quality, (uninterrupted) availability, or any other assurances. All information, such as content, articles, videos, interactive materials, and any other information on the Website and in all other Free Services, is for informational purposes only and does not constitute legal, professional, or other binding opinions, and the Provider assumes no liability for them in any respect.
• The Provider strives for the accuracy, timeliness, and correctness of the published content but does not assume responsibility for any ambiguities, deficiencies, or inaccuracies.
• In the case of references to other websites or their content, the Provider is not responsible for the information obtained therefrom.
• The User uses the Website and other Free Services at their own risk.

5. Reservation of a free consultation

• The option to book a free consultation is not binding on the Provider and does not constitute an obligation to conduct such a consultation. The Provider reserves the right to refuse a booked consultation slot without prior explanation. In the event of an attempt to book multiple slots after a free consultation has already been conducted or a booked consultation that the User did not attend, the Provider will refuse such bookings.
• The free consultation is purely informational and does not constitute legal, professional, or other binding advice. It is based on the User's presentation of the facts, which may be incomplete, without in-depth analysis, verification, and/or research by the Provider. The consultation is intended to facilitate acquaintance between the User and the Provider and to ease the decision on potential future cooperation, not to provide specific legal or other professional advice.
• Since this is an informational consultation without financial compensation, the Provider assumes no responsibility for the accuracy, completeness, or usefulness of the information provided, nor for any consequences that may arise from the User's reliance on such information.

6. Knowledge Center

• The Provider prepares educational content, which is published free of charge in the Knowledge Center and on its profiles on other social media platforms. The content is purely informational and intended to inform the general public about selected topics.
• The content does not constitute legal or any other advice, especially not in specific matters. Furthermore, the content is not legally binding and does not create any obligations for the Provider. The provided content is merely the Provider's interpretation of the topics discussed, and the Provider is not liable for any inconveniences or errors.
• The Provider warns Users that the accessible content on the Website, in the Knowledge Center, and/or on other Free Services is purely informational, and the Provider does not guarantee the accuracy of the data.
• Use of the Knowledge Center is at the User's own risk.
• The Provider, other legal or natural persons involved in the management and/or creation of the Website, Knowledge Center, and/or content, are not liable for any damage or inconvenience arising from malfunctions of the Website or Knowledge Center, the use of information obtained from the Website or Knowledge Center, or any other related inconveniences.
• The Provider reserves the right to freely choose the published content and may at any time, without prior notice, modify or remove already published content.

7. Newsletter

• By providing your email address and clicking "subscribe" or "naroči me," you consent to receiving informational content, information about upcoming projects, and other content offered by the Provider in your email inbox.
• The personal data provided are secure and processed in accordance with applicable personal data protection legislation. More information regarding the processing of your personal data can be found in the privacy policy.
• The provided content is not binding, and the Provider is not liable for any damage or inconvenience arising from reliance on the information provided.
• Receiving newsletters is free of charge for the User.
• The User may unsubscribe from receiving newsletters at any time in accordance with applicable law by clicking "unsubscribe" or "odjavi me", which is available in every newsletter sent.

8. Limitation of liability

• The Website and all other Free Services of the Provider are provided "as is." The Provider does not guarantee the operation of the Website and/or other Free Services and is not liable for any damage that may arise to the User from the use of the Provider's Free Services. The Provider does not guarantee uninterrupted operation of the Free Services and reserves the right to temporarily or permanently disable access to the Free Services without prior notice.
• The Provider does not guarantee to the User that the contents are suitable for a specific purpose pursued by the User. The User is obliged to independently verify whether the Provider's contents are suitable for the purpose they pursue and/or the desired method of use. The Provider assumes no responsibility for any damage that may arise from relying on the content and information accessible through the Free Services.
• The Provider is not liable for any damage in connection with the provision of Free Services, including but not limited to: pure financial loss, business loss, lost profit, actual damage, or any other case of damage.
• The User is solely responsible for the accuracy of the information they enter and provide to the Provider, including but not limited to the determination of the country of origin, personal data, and any tax and other consequences that may arise from them.
• In the event of any liability in accordance with mandatory regulations, the claim for damages is in any case limited to the value of the service.

9. Additional Protection for Consumers

The additional protection from this chapter applies only to Users who are Consumers in accordance with applicable consumer legislation.

9.1. Withdrawal from the Contract

The Consumer has the right to withdraw from the contract, in accordance with the Consumer Protection Act (Official Gazette of the RS, No. 130/22 as amended, hereinafter "ZvPot-1"), under the conditions defined in this chapter. The Consumer has the option to withdraw from the contract, without stating a reason, within fourteen (14) days from the date of the service provided. The Consumer does not need to provide a reason for withdrawal. Withdrawal from the contract applies to paid contracts concluded remotely (outside the Provider's business premises).

The Consumer does not have the right to withdraw from the contract in accordance with the previous paragraph for the following contracts:

• for goods or services whose price is dependent on fluctuations in the markets which the company cannot influence and which may occur within the withdrawal period;
• for goods made to the consumer's specifications and tailored to their personal needs;
• for goods which are liable to deteriorate or expire rapidly;
• for the provision of a service which obliges the consumer to pay, if the company fully performs the contract and the provision of the service began with the consumer's explicit prior consent and with the acknowledgement that they lose the right to withdraw from the contract once the company has fully performed it;
• for the supply of sealed audio or video recordings and computer software, if the consumer has unsealed them after delivery;
• for the supply of newspapers, periodicals, or magazines, except for subscription contracts for the supply of such publications;
• for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if the consumer has unsealed them after delivery;
• for the supply of goods which are, by their nature, inseparably mixed with other items;
• for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract and which can be delivered after 30 days, and their actual value depends on market fluctuations which the company cannot influence;
• concluded at public auctions;
• where the consumer has specifically requested a visit from the company at home for the purpose of carrying out urgent repairs or maintenance. If the company provides additional services during such a visit that the consumer did not specifically request, or supplies goods that do not constitute replacement parts necessary for maintenance or repair, the consumer has the right to withdraw from the contract for those additional services and goods;
• for accommodation not intended for permanent residence, transport of goods, vehicle rental, food preparation and delivery, or leisure services, where the company undertakes to fulfill its obligation on a specific date or within a specific period;
• for the supply of digital content not supplied on a tangible medium, if the performance has begun and, where the contract obliges the consumer to pay, if:
• • the consumer has given prior express consent for the performance to begin during the withdrawal period,
  • the consumer has acknowledged that they thereby lose the right to withdraw from the contract, and
  • the company has provided the concluded contract or confirmation of the contract on a durable medium in accordance with the sixth paragraph of Article 132 or the second paragraph of Article 133 of this Act.

The Consumer may notify the Provider of the withdrawal from the contract within the above-mentioned period at the email address: info@kiroptera.com.

To exercise the right of withdrawal, the following form must be completed: form.

9.2. Out-of-Court Resolution of Consumer Disputes

The Provider does not recognize any provider of out-of-court resolution of consumer disputes as competent for resolving a consumer dispute that the consumer may initiate in accordance with the Out-of-Court Resolution of Consumer Disputes Act. The Provider publishes an electronic link to the platform for online resolution of consumer disputes, in accordance with applicable legislation. The platform is available at this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.

9.3. Guarantee of Conformity Claims for the Consumer

The Consumer has the right to assert a guarantee of conformity claim due to defects in the paid services provided. The Consumer can assert the guarantee by notifying the Provider of the non-conformity within two (2) months from the date the non-conformity was discovered. The Consumer is obliged to precisely define the defects and allow the Provider to inspect the service. The Consumer cannot demand the rectification of non-conformities that appear after two (2) years from the date the service was provided. Guarantee of conformity claims for free digital content are not possible under applicable consumer legislation.

The Consumer has the right to demand from the Provider:

• free rectification of defects in the service provided;
• re-performance of the service;
• a proportional reduction in the price corresponding to the defects in the service provided; or
• to withdraw from the contract and demand a refund of the amount paid.

Upon receipt of the request for bringing the service into conformity, the Provider shall bring the service into conformity within thirty (30) days at the latest, aiming to cause as little inconvenience as possible to the Consumer. The Provider may extend the deadline by a maximum of fifteen (15) days, notifying the Consumer thereof.

The Provider has the right to refuse the guarantee of conformity claim for rectification of defects and/or re-performance of the service if fulfilling the chosen claim is impossible or would require disproportionate costs and effort from the Provider. In such a case, the Consumer may exercise the guarantee claim for withdrawal from the contract or reduction of the price.

The Provider shall respond to the request within eight (8) days.

10. Child Protection

Neither the Website nor the other Free Services are intended for children. The Provider does not accept orders on the Website from someone it knows or suspects is a child without the explicit permission of their parents or guardians. The Provider does not offer free access on the Website to information or services that are harmful to children. Without the explicit permission of parents or guardians, the Provider will not accept any personal data concerning children, nor will it disclose data received from children to third parties, except to their parents or guardians. Any communication intended for children will be appropriate for their age and will not exploit children's trust, lack of experience, or sense of loyalty.

11. Intellectual Property Protection

11.1. Content of the Website and other Free Services of the Provider

The Provider manages various contents on its Website and when offering other Free Services, which are the property of the Provider. Data, pictorial and textual materials, and any other materials (e.g., video content, graphics, logos, sketches, articles, etc.) located on the Provider's Website or in other Free Services of the Provider and/or created by the Provider, provided to the User, constitute copyrighted works and are protected by copyright and/or intellectual property law. By using the Websites and/or other Free Services of the Provider, the User does not acquire copyright, proprietary rights, or intellectual property rights. The User has no right to use materials located on the Provider's Website or in other Free Services unless they have obtained explicit prior permission from the Provider for such use.

11.2. Use of Distinctive Signs

The Provider uses various distinctive signs in its operations, including the words KIROPTERA and/or CONSULTING, in all derivations and variations. Any logo (in all derivations) that the Provider uses in its operations and in presenting its products externally is also explicitly considered a distinctive sign. The use of the Provider's distinctive signs is limited and occurs in accordance with the rules defined in this chapter.

11.3. Sanctions for Violations of the Use of Distinctive Signs

The Provider reserves the right to direct all legal claims, including claims for damages, against a User who uses the Provider's distinctive signs beyond the permitted scope, in order to achieve the cessation of the violation. The Provider reserves the right to demand a contractual penalty in the amount of 10,000.00 EUR (ten thousand 00/100 euros) for each violation, regardless of the actual damage incurred. If it is determined that the damage incurred is higher than the specified contractual penalty, the Provider has the right to demand the difference up to full compensation. For Consumers, instead of the contractual penalty, a lump-sum compensation in the same amount is demanded.

12. References

The User declares that they agree that the Provider uses the User's distinctive signs, first and last name or company name, and any statement provided about the experience of cooperating with the Provider on its promotion channels (Website, social media channels, and others) for the purpose of promoting its services.

13. Personal Data Protection

The Provider undertakes to make an effort to act in accordance with all relevant regulations in the field of personal data protection. For this purpose, the Provider has also compiled a privacy policy, where it has specified in more detail the data it collects, for what purposes, how long it retains them, how and why it processes them, and the User's rights in relation to these.

14. Final Provisions

14.1. Full Legal Capacity

The User warrants that they have full legal capacity to accept these Terms and for all legally binding transactions (legal transactions) they enter into with the Provider. If the User is a legal entity, they warrant that they have the capacity to represent the legal entity for the conclusion of a valid legal transaction or have obtained the appropriate authorization from the representative of the legal entity for the conclusion of a valid legal transaction. If a person who is partially legally capable wishes to order the service, they warrant that the transaction is one for which they are legally capable or that they have concluded such a legal transaction with the appropriate consent of a guardian or representative.

14.2. Familiarity with the Conditions

The User warrants that before accepting the conditions, they have read them, are fully familiar with them, understand them, and agree with them, especially with the limitations of liability established and with their rights regarding withdrawal from the contract.

14.3. Severability of Provisions and Nullity

In the event of the nullity of any provision of these Terms, all other provisions of these Terms remain in force.

14.4. Hierarchy of Legal Provisions

In the event of any conflict or inconsistency between the specific signed agreements entered into between the Provider and the User (the "Specific Agreements") and these Terms, the Specific Agreements shall prevail and govern the relationship between the parties. If the Specific Agreements are silent on a particular matter, these Terms shall apply. If both the Specific Agreements and these Terms are silent on a particular matter, the applicable law shall govern. For the avoidance of doubt, no other terms and conditions, including but not limited to those of the User or any other party, shall be applicable or have any effect on the relationship between the Provider and the User and/or client.

14.5. Applicable Law

For the interpretation, validity, and all other issues and any disputes arising from these Terms or contracts of which these Terms of use are a part, the law of the Republic of Slovenia shall apply.

14.6. Competent Court

For all disputes arising from these Terms and/or contracts of which these Terms are a part, the exclusively competent court is the materially competent court in Ljubljana in the Republic of Slovenia, unless mandatory regulations provide otherwise or a judgment before the chosen court would prevent the recognition and/or enforcement of the judgment. In cases of disputes where the party is a consumer, the court of the consumer's habitual residence is also competent.

14.7. Changes to the Conditions

The User has no right to change or waive, in whole or in part, the validity of any provision of these Terms. The Provider has the right to change the content of the Terms at any time. Any change will be published on the Provider's Website. Each change takes effect on the day of publication, unless otherwise specified by the Terms themselves. For each service provided/used, the Terms valid at the time of providing/using the service apply. The Provider does not undertake to retain invalid versions of the Terms, so it urges the User to save the Terms valid at the time of providing/using the service on a local device or to provide themselves with a physical copy.

14.8. Language Versions

These Terms are established in the Slovenian language. The Provider may provide translations of these Terms to ensure higher efficiency of the Website, with the Slovenian version of these Terms prevailing over any language version.