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Agency for Audit of European Union Programmes Implementation System

Version 1, November 2021

Zagreb, Republic of Croatia

 

INTRODUCTION

Welcome to our website www.arpa.hr (hereinafter: “the website“)!

We are the Agency for Audit of European Union Programmes Implementation System (hereinafter: “the Agency“, “we“, “our“, “ours“) whose registered office is at the address Alexandera von Humboldta 4/V, 10000 Zagreb, PIN 94432282335.

The Agency is the public authority having the function of the audit authority in the system of European Funds and as such performs tasks of the auditor among bodies in the system of EU funds.

These General Terms and Conditions of the Website Use (hereinafter: ”General Terms“) are intended for all visitors, i.e. users of the website and its functionalities (hereinafter: ”user“, ”you“, ”your“, ”yours“).

If you have any questions relating to our website, as well as questions relating to these General Terms and Conditions, please contact us via the following e-mail address: pisarnica@arpa.hr or by sending a written request to the following address: Alexandera von Humboldta 4/V, 10000 Zagreb.

 

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

The Agency is the owner and the manager of this website, including all its sub-pages, though which it provides the users with the information on its business activity and tasks.

For the purpose of avoiding any suspicion, the sub-pages do not mean the websites to which the Agency refers via links on its website. Namely, the Agency is not the owner and does not manage the websites to which it refers through particular links, all for the purpose of informing and facilitating the user to find the information needed.  

General terms and conditions as a legally binding contract

General Terms and Conditions represent the legally binding contract between you as the user of the website and the Agency as its owner. These General Terms and Conditions also represent the whole contract between you and the Agency, relating to the use of the website. Waiver of any provision of the General Terms and Conditions or the General Terms and Conditions in their entirety is not permitted.

Please read the General Terms and Conditions carefully before accessing and using the website.

By accessing and using the website, regardless of the method of access, it is considered that you have fully read and understood the General Terms and Conditions, that you are fully familiar with and agree to the General Terms and Conditions, and that you will use the website in accordance with them.

Changes in General Terms and Conditions and the website

The Agency reserves the right to change these General Terms and Conditions at any time, for any reason, with or without special notice. Such changes do not affect the rights and obligations that arose before such changes. By continuing to access and use the website after the publication of the changed General Conditions, it means that you have fully read and understood them and that you are familiar with and agree to them when you continue to access and use the website.

 

Please check the General Terms and Conditions regularly, as all changes become effective on the day they are published on the website.

 

The Agency also reserves the right at any time, for any reason, with or without special notice, to change the content and functionality of the website, as well as to shut down the website. By continuing to access and use the website after its content and functionality have changed, it means that you are familiar with and agree to them when you continue to access and use the website.

 

If you do not agree with the General Terms or are not satisfied with the website in general or with its content and functionalities, please stop using the website immediately.

 

USE OF THE WEBSITE

Important equipment for the use of the website

As a user of the website, you are exclusively and solely responsible for the purchase, use and maintenance of all equipment necessary for accessing and using the website, as well as for all costs associated with accessing and using the website.

The Agency is not responsible for damage that may occur to your equipment as a result of using the website.

Proper use of the website and the purpose of using it

As a user of the website, you are obliged to access and use it in accordance with these General Terms and Conditions, as well as in accordance with applicable regulations, especially the law of the Republic of Croatia and the European Union.

Unless otherwise specified in writing, you may use the website, i.e. its content and functionality, exclusively for personal and non-commercial purposes.

Permitted use of the website

Through these General Terms and Conditions, the Agency provides you personally with revocable, limited, non-exclusive and non-transferable permission to use the website, i.e. its content and functionality, with the condition that you continuously comply with the General Terms and Conditions.

You are allowed to download and print materials and information from the website, but only for personal and non-commercial use. At the same time, it is strictly forbidden to change downloaded digital or printed paper materials and information in any way, or to delete and change notices about intellectual property rights or other proprietary rights on them.

Forbidden behaviours at the web site

Forbidden behaviours when accessing and using the website include, but are not limited to:

·         participation in activities that are illegal, harmful, threatening, violent, that violate or threaten the rights and privacy of others or are in any other way controversial,

·         publishing, transmitting, sending, exchanging and any other use of materials and content that are illegal, harmful, offensive, vulgar, slanderous, that violate or threaten the rights and privacy of others or are in any other way disputable,

·         false representation,

·         any use of intellectual property rights found on the website in any form without the permission of the rights holder and contrary to applicable regulations,

·         publishing, transmitting, sending, receiving, exchanging, downloading and any other use of any material and content from the website for any non-personal and commercial purpose or in any way that does not comply with the provisions of these General Terms and Conditions,

·         transmitting materials and data which contain software viruses, malware, ransomware or any other harmful program or computer code designed to adversely affect the operation of any software or hardware or other equipment,

·         any actions that violate or will lead to violation of the functionality of the website,

·         any actions that violate or will lead to a violation of applicable law or the provisions of the General Terms and Conditions,

·         everything that, in the opinion of the Agency, damages or could damage the reputation of the Agency.

In case of using the website and acting in a prohibited manner, the Agency reserves the right to deny access to the website or its functionalities at any time, without prior notice.

Use of the third party contents

The website may contain links to other websites operated by third parties. Such links on the website are provided solely as a convenience, i.e. for reference and informational purposes. The Agency does not control or maintain the websites of third parties and has no influence on their content or availability. You access and use third-party websites at your own risk and in accordance with their terms of use.

 

The website may contain content, materials and information from third parties. The Agency does not guarantee and is not responsible for the accuracy, reliability and completeness of the content, materials and information of third parties on the website. Access to and reliance on content, materials and information of third parties on the website is solely at your own risk.

 

INTELLECTUAL PROPERTY

The Agency is the owner, i.e. the holder of all intellectual property rights on the website, its content, features, functionalities and materials published on it. Intellectual property rights are protected by the applicable regulations of the Republic of Croatia and the European Union, but also by international regulations and agreements.

In addition to the Agency, holders of intellectual property rights may also be third parties in relation to certain content on the website.

By accessing and using the website, i.e. accepting the General Terms and Conditions, you undertake to comply with all applicable regulations regarding intellectual property and not to use the intellectual property rights found on the website without the permission of the rights holder and contrary to applicable regulations.

The Agency does not grant you any express or tacit intellectual property right on the website. You access the website only for personal, non-commercial use.

You are allowed to download and print materials and information from the website, but only for personal and non-commercial use, and you may also (in a non-commercial context) draw the attention of others to the content published on the website.

The following is strictly forbidden without the express written consent of the Agency:

 

• ANY DOWNLOADING, STORING, REPRODUCTION, COPYING, DISTRIBUTION, TRANSMISSION, PUBLICATION, MODIFICATION, REVISION, PUBLIC DISPLAY OR CHANGE IN ANY OTHER WAY OF THE WEBSITE AND ITS CONTENT,

 

• change in any way paper or digital copies of the website or materials published on it, which you have printed or downloaded,

 

• use of illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text,

 

• deletion or modification of information on intellectual property rights or other proprietary rights from copies of the website or materials published on it,

 

• using any part of the website and materials published on it for commercial purposes, without obtaining permission from the Agency,

 

• the use of reverse engineering and any other procedures that can be used to steal the software code of an Internet site.

 

Any use of the website that is not expressly permitted by the General Terms violates the General Terms and may violate applicable regulations regarding intellectual property and other rights.

 

DISCLAIMER OF WARRANTIES

You are using this web site on your own risk. Although this web site is probably available worldwide, the Agency does not guarantee that it is the same one, i.e. that its content is available or adequate for usage at locations beyond the Republic of Croatia. Access and usage of the web site from the location at which the access or the content is unlawful , is strictly forbidden.  

When you use the web site, the information and the data shall be transferred via media which may be beyond the Agency’s control. Accordingly, the Agency does not undertake any responsibility for or in connection with delays, error, interruption or damage of any information or data during the transfer related to usage of the web site.

Agency does not guarantee confidentiality and secrecy of communication, i.e. information, data or materials which you transmit to or from the web site via the Internet or any other form of global communication network.

The web site and its content are at your disposal ”as is“ and ”as available“. To the maximum extent permitted by the regulations, the Agency disclaims all warranties, either expressed or implied, legal or any other, including, but not limited to non-existence of the breach of rights of third parties and adequacy for certain purposes.

Without being limited to the above, the Agency MAKES NO REPRESENTATIONS OR WARRANTIES about the following:

 

• that your use of the website and its content, as well as the availability and use of all functionalities of the website will be uninterrupted, free of errors and secure,

 

• that all information, data and materials provided on the website are accurate, reliable and complete,

 

• that any disturbances or defects regarding the website will be repaired or removed,

 

• that any software, service, location, server or electronic communication on which the website is hosted or connected in any way are free of viruses or other harmful components,

 

• that there is approval or compliance of any software tool in relation to the content of the website.

 

DISCLAIMER OF LIABILITY

 

To the maximum extent permitted by the applicable regulations, the Agency is not responsible for any damage (ordinary damage, lost profit and non-property damage) caused by:

 

• Your access and use or inability to access and use the website, its content and functionality,

• any content published on the website,

• any statements or behaviour published or made publicly available on the website,

• Your behaviour or actions, as a result of reaction or reliance on any content and/or functionality available on the website,

• loss and/or prohibition of your access to the website, i.e. loss of access, erasure, inability to save, inability to create a copy or modify any information and functionality on the website,

• any behaviour or content of a third party on the website, including but not limited to any defamatory, offensive or illegal behaviour of other users of the website or third parties,

• any other questions regarding the website, its content and functionality.

 

COMPENSATION / INDEMNITY

As a user of this website, you agree to compensate the Agency for (actual) damage and to defend and release the Agency from any claims, damages, losses, costs (including reasonable attorney's fees), which arise directly or indirectly from your violation of the provisions of these General Terms and Conditions, i.e. your access and use of the website and its functionalities.

 

PRIVACY

Information on privacy, i.e. the information on how the Agency collects, processes and protects personal data, can be found in the Agency's Notice on the Processing of Personal Data.

Also, information on the cookies that the Agency collects and on how you can manage them, can be found in the Agency's Cookie Policy.

 

FINAL PROVISIONS

The law of the Republic of Croatia and the law of the European Union apply to these General Terms and Conditions of Use, to the extent that the same is applicable, taking into account the membership of the Republic of Croatia in the European Union.

The Agency and the user will try to resolve all possible disputes arising from these General Terms and Conditions or their changes amicably, and in case of impossibility of such resolution, the court in Zagreb will have jurisdiction.

If any provision of these General Terms and Conditions is wholly or partially invalid or becomes wholly or partially invalid, this does not repeal the validity of other provisions of the General Terms and Conditions or the General Terms and Conditions as a whole. Any invalid provision will be replaced by a reasonable provision that is permitted by law and most closely corresponds to the business purpose of the original provision.

Your failure or the Agency's failure to use its rights from the General Terms and Conditions does not affect the validity of part or all of the General Terms and Conditions and is not considered a waiver or loss of the rights in question or other rights from the General Terms and Conditions.

Termination of validity of these General Terms and Conditions in whole or in part, or termination of your use of the website does not release you from any liability that has already arisen at the time of termination of validity of the General Terms and Conditions or termination of your use of the website or which may subsequently be established in relation to any action or omission that occurred before the termination of validity of the General Terms and Conditions or the termination of your use of the website.

Any liability for damages in relation to the General Terms and Conditions is permanent, separate and independent from other compensations and continues to apply even after the termination of these General Terms and Conditions in whole or in part or the termination of your use of the website.