Terms of service

Terms of Service

Date of Last Revision: July 31, 2018

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 (Gospodska 25, 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 has been paid in full