Terms of Use

1. Introduction

1.1. These Terms of Use regulate the mutual relationship between you (hereinafter referred to as the “User”) and the Association AMIK, with its registered office at Rabina Alkalaja 1, Belgrade, Serbia, registration number 28036116, VAT number: 106957099, which is a business entity registered with the Business Registers Agency as of December 25, 2010, in full compliance with the laws of the Republic of Serbia (hereinafter referred to as: “AMIK”).

1.2. These Terms of Use (hereinafter referred to as: “Terms”) regulate the forms and methods of using the interactive service provided by AMIK, which is known by the trademark “Art a la Cart.”

1.3. The interactive service Art a la Cart is provided through the website www.artalacart.rs and the Art a la Cart mobile application, available on the Apple Store, Google Play Store, and Huawei AppGallery, which is exclusively owned by AMIK (hereinafter referred to as the “Interactive Service”).

1.4. The Interactive Service is complex and consists of content management, financial transactions, organizing and mediating the promotion and employment of artists, all of which are exclusively owned by AMIK, Serbia (hereinafter referred to as: “AMIK”), as well as providing services over the internet.

1.5. The use of the interactive service by the User implies that the User is fully familiar with these Terms and agrees to them, as well as with the Privacy Policy.

1.6. Any further use of the aforementioned Interactive Service, after becoming acquainted with the Terms and Privacy Policy, implies that the User agrees to these terms and their rules and consents to using the Interactive Service in accordance with them.

1.7. For the purposes of these Terms, a User is any individual who, directly or indirectly, uses or has used the services of this website and/or the Art a la Cart service.

1.8. By using the Interactive Service, it is considered that the User agrees that all communication and interaction occurring through the Interactive Service must be in accordance with these Terms.

1.9. By registering – creating a user account via the Interactive Service, it is considered that the User has fully read and accepted these Terms and the Privacy Policy.

2. Copyright of AMIK

2.1. All materials available through the Interactive Service are protected by law and are the property of AMIK. They can be used in accordance with the authorization of the copyright holders and the holders of trademark or design rights, as well as in compliance with other necessary approvals.

2.2. Any distribution, copying, transmission, linking, publishing, or any other modification of the Interactive Service is prohibited without the written consent of AMIK.

2.3. Any violation of the prohibition under Article 2.2, i.e., infringement of trademark, design, or any other copyright or industrial property rights, will lead to the initiation of legal and other proceedings, including but not limited to, compensation claims and criminal prosecution.

2.4. The User may not alter, publish, transmit, participate in the transmission or sale, or otherwise exploit any content available through the Interactive Service, either in whole or in part. Copying, redistribution, retransmission, issuance, or commercial exploitation of the downloaded material is also prohibited.

3. Changes to the Terms and Privacy Policy

3.1. AMIK reserves the right to cancel or modify any of the Terms and Privacy Policy listed here at any time, with prior notice.

3.2. In the event of changes to the Terms or Privacy Policy, if the User continues to use the Interactive Service, it is considered that they have accepted the new Terms and Privacy Policy.

3.3. Any changes to the Terms or Privacy Policy shall apply to third parties who are not Users immediately upon publication via the Interactive Service.

3.4. Any use of the Interactive Service by the User after the most recent change to the Terms or Privacy Policy is considered as acceptance of those changes.

4. Terms of Use and Content of the Interactive Service

4.1. It is the obligation and duty of the User to use the Interactive Service exclusively in accordance with the applicable laws and good practices of the Republic of Serbia.

4.2. The primary purpose of the Interactive Service is to use the Art a la Cart service, exchange experiences with AMIK regarding the use of the service, as well as to exchange experiences with other users, in a manner that the Interactive Service allows.

4.3. The User is not allowed to publish, transmit, or make available, in any way, through the Interactive Service, any materials whose content abuses or violates the rights of others, such as offensive, defamatory content, content that harms or threatens the reputation or privacy of an individual, etc., nor any materials with illegal content or form.

4.4. AMIK reserves the right to independently assess whether there has been negligent conduct or a violation of the obligations set forth in the Terms or Privacy Policy by the User.

4.5. AMIK requires the User of the Interactive Service to connect no more than one device within the Interactive Service for the purpose of using the application during the use of the service.

4.6. The User agrees to use the connected device within the Interactive Service responsibly and not to make it available or allow access to the device or the Interactive Service to any other person, in order to avoid subscribing to the Interactive Service. That is, only the account holder to which the device is connected may use the Interactive Service.

4.7. In the event that the User wishes to change their connected device (e.g., in case of theft, loss, or damage of the device), the User may do so up to two times per month.

4.8. If the User changes more than two connected devices within a month, the new device, as well as all previous devices, will be denied access to the Interactive Service.

4.9. In the case of negligent behavior by the User, including but not limited to actions where the User:

• abuses the Interactive Service;
• interferes with or prevents other Users from using the Interactive Service;
• provides false information about personal data;
• uses another person’s personal data;
• engages in illegal, negligent, or wrongful actions while using the Interactive Service;
• violates business rules and disrupts operations or service provision;
• attempts to disable, modify, or otherwise disrupt the operation of the website or application through which the Interactive Service is provided, AMIK reserves the right to issue a warning, temporarily or permanently suspend the provision of services through the Art a la Cart application – suspend the account, and as compensation for the negligent use of the Art a la Cart application and services, terminate the User’s subscription without the right to a refund of any paid amounts, as a form of compensation for the damage caused to Art a la Cart by the User’s negligent actions. In this case, Art a la Cart reserves the right to prevent the User from creating a new account.

4.10. Art a la Cart, through the Interactive Service, provides access to job advertisements, interesting content, and information, and offers direct communication between artists and employers in the artistic professions.

4.10.1. All services available through the Interactive Service must be provided by Art a la Cart in accordance with these Terms and the Privacy Policy, which are valid on the day the User accepts the offer.

4.10.2. The User is considered to have accepted the offer when they select the “I agree with the Terms of Use and Privacy Policy” checkbox through the Interactive Service.

4.10.3. The User is solely responsible for obtaining and maintaining the hardware and software they use to access the Interactive Service. If they do not use their own equipment and software, they are responsible for selecting the hardware or software through which they access the Interactive Service. The User is also responsible for any equipment required to access and use the Interactive Service and bears all costs related to the use and maintenance of the access hardware and software.

4.10.4. The prices of Art a la Cart services presented through the Interactive Service are provided by the Association AMIK, which is not part of the VAT system.

4.10.5. Art a la Cart services offered through the Interactive Service are available as service packages tailored to different Users. The terms of each individual package cannot be altered; by accepting the service, the entire package is accepted.

4.11. Opening a User Account

4.11.1. The condition for using any of the packages of the Interactive Service is the creation of a user account via the Interactive Service.

4.11.2. Opening a user account is done by completing the existing account creation form, where the User enters their details, or for corporate users, by filling out a special form and signing an agreement with the company.

4.11.3. When opening an account, Users are obligated to provide accurate information—personal details. Personal information refers to details that uniquely identify a specific user. To provide the Interactive Service, the User is required to enter their personal details in the appropriate online form, as necessary for using a particular option. Personal details such as first and last name, email address, are required when using the Interactive Service and other services.

4.11.4. If the payment for the Interactive Service is made through the Interactive Service, the User is required to provide Art a la Cart with the payment card number used for the transaction, its expiration date, the authorization code, and, depending on the card, any other necessary information for its use.

4.11.5. In the event that the User does not wish or is unable to provide the information required to open the account or provide a particular Interactive Service, the User will not be able to open the user account or be allowed to use that Interactive Service.

4.11.6. By opening a user account as described in Section 4.11.1, the User confirms that they agree with the Terms in their entirety, and that they have read, understood, and accepted them, as well as the Privacy Policy.

4.11.7. In the event that the User wishes to delete their data necessary for using the Interactive Service, Art a la Cart will no longer be able to provide the Interactive Service to the User, and the User’s account will be deactivated.

4.11.8. Art a la Cart is not obligated to individually verify the accuracy of the data—personal information. If, during the provision of the Interactive Service, Art a la Cart discovers that the provided data is inaccurate, it is authorized to cancel the subscription to the Interactive Service and delete the User account with incorrect information.

4.12. Subscription Cancellation and Account Deactivation

4.12.1. In the event of subscription cancellation, the User is not entitled to a refund but will retain the right to use the platform for the remaining period of the subscription.

4.12.2. In the event of account deactivation due to the User’s request for the deletion of data necessary for using the Interactive Service or any other violation of the User’s obligations, the User will no longer be able to use the Interactive Service or any remaining days for which the User has subscribed.

4.12.3. The User agrees that the right to claim for unused days is only available in accordance with the section of the Terms titled “Complaints and Refunds,” and waives the right to a refund of paid amounts proportional to the unused days due to the inability to use the Interactive Service as a result of the deactivation of the User’s account due to the User’s request for data deletion or any other breach of obligations.

4.13. Modification of the Interactive Service

4.13.1. Art a la Cart reserves the right to modify or discontinue any part of the Art a la Cart service at any time, whether the change pertains to the content of the service or the Interactive Service itself.

4.13.2. Modifications in Section 4.13.1 include, but are not limited to, changes to availability, content, and the equipment necessary for accessing or using the Interactive Service.

4.13.3. AMIK reserves the right to modify the price, quantity, and types of services offered in the Interactive Service packages, as well as the types of service packages themselves, depending on the type of service and market changes.

4.14. Withdrawal from the Contract

4.14.1. The Client has the legal right to withdraw from using the Interactive Services within 14 days from the account creation date, without explanation and additional costs, provided they have not used the platform’s services within that period. The Client exercises the right to withdraw from the contract if, within 14 days, they submit an unequivocal statement of withdrawal from using the Interactive Services to the email address info@artalacart.rs.

4.14.2. In the case of withdrawal from the services, the refund to the Client will be made by crediting the Client’s card no later than 14 days from the receipt of the withdrawal notice.

4.15. Complaints and Refunds

4.15.1. AMIK keeps a record of received complaints, which it stores for at least two years from the date of the complaint submission by the User. When processing personal data of consumers, AMIK acts in accordance with regulations governing personal data protection.

4.15.2. AMIK will issue an electronic confirmation to the User regarding the receipt of their complaint.

4.15.3. The record of received complaints is maintained electronically and includes the User’s name and surname, the date of the complaint’s receipt, details of the package, a brief description of the non-conformity and the request from the complaint, the date the acknowledgment of the complaint was issued, the decision regarding the response to the User, the date the decision was delivered, the agreed reasonable timeframe for resolving the complaint that the consumer has agreed to, the method and date of resolving the complaint, as well as information about the extension of the deadline for resolving the complaint.

4.15.4. AMIK is obligated to respond to the User’s complaint electronically within eight days from the date of receipt of the complaint. AMIK’s response to the User’s complaint must include a decision on whether the complaint is accepted, an explanation if the complaint is not accepted, a statement regarding the consumer’s request on how to resolve the complaint, and a specific proposal on the deadline and manner in which the complaint will be resolved if accepted. The deadline for resolving the complaint is 15 days from the date of the User’s response.

4.15.5. AMIK must act in accordance with the decision and proposal for resolving the complaint if it has received prior consent from the User. The deadline for resolving the complaint is paused when the User receives AMIK’s response as outlined in point 4.15.4 of this article and begins anew once AMIK receives the User’s response. The User must respond to AMIK’s reply within three days from the date of receiving the response. If the User does not respond within the prescribed time, it will be considered that they do not agree with the seller’s proposal from paragraph 4.15.4.

4.15.6. If AMIK is unable to meet the User’s request within the prescribed deadline due to objective reasons, AMIK is obligated to notify the User about the extension of the deadline for resolving the complaint and specify the new deadline by which the complaint will be resolved, as well as obtain the User’s consent. AMIK is required to record this in the complaint record. The extension of the deadline for resolving a complaint is allowed only once.

4.15.7. If AMIK rejects the complaint, it must inform the User about the possibility of resolving the dispute out of court and provide information about the competent bodies for out-of-court consumer dispute resolution. The right to a refund applies to the User if AMIK decides that it does not wish or is unable to provide the Interactive Service as described through the Interactive Service.

4.15.8. The User can submit a complaint request to the following email address: info@artalacart.rs.

4.15.9. In case of a refund to a customer who has previously paid with a payment card, partially or in full, regardless of the reason for the refund, AMIK is obligated to process the refund exclusively through VISA, EC/MC, Maestro, and Dina payment methods. This means that the bank, upon the seller’s request, will execute the refund to the user’s card account.

4.16. Pause of Using the Interactive Service

4.16.1. Individual Users who personally pay for the Interactive Services with a multi-month membership have the right to pause the use of the Interactive Service once per activated package without the need for a specific explanation.

4.16.2. After the selected pause period expires, the usage of the Interactive Service will automatically resume, and the individual User retains the right to use the remaining days and unused credits.

4.16.3. The right to pause the use of the Interactive Service is exercised by sending a request to customer support.

4.17. Payment

4.17.1. The payment card or current account used during user registration will be charged for the subscription amount selected by the user in the billing period.

4.17.2. The user is obligated to decide whether they want to continue using the Interactive Service before the expiration of the specified period.

4.17.3. The user is required to use online payment for settling the subscription amount.

4.17.4. All payments will be made in the local currency of the Republic of Serbia – dinar (RSD). An informational price display in other currencies is based on the exchange rate of the National Bank of Serbia. The amount charged to your payment card will be expressed in your local currency based on the exchange rate used by card organizations, which may not be known to us at the time of the transaction. As a result of this conversion, there may be a slight difference from the original price displayed on our website.

4.18. Payment Security

4.18.1. When making a payment by credit card, the user enters the data mentioned in section 4.11.3 as mandatory, and this information is considered confidential and specially protected.

4.18.2. When entering credit card information, sensitive data is transmitted over a public network in a secure (encrypted) form using SSL protocol and PKI system, which are currently the most advanced cryptographic technologies. The security of the data during the purchase is guaranteed by the payment card processor, Banca Intesa ad Belgrade, and the entire payment process is handled on the bank’s website. At no point are credit card details accessible to our system.

5. Privacy Policy

5.1.Questions regarding the protection of the personal data of the User are outlined in the Privacy Policy, which is available at: Privacy Policy.

 

6. Communication

6.1. The User agrees that all interactive options, especially communication via private messages, chat, blog, forum, or any other similar means of sending messages or mutual communication, are public in nature and do not have the status of confidential information. Therefore, AMIK may monitor such communication content without the knowledge and explicit consent of the Users.

6.2. After creating an account through the Interactive Service and registering, the User will receive email messages from AMIK, including Administrative email messages and Promotional email messages.

6.3. Administrative email messages relate to the user’s activity in the Interactive Services and include messages about the user account, requests, inquiries, and messages related to the purchase or payment for the Interactive Service or subscription. If the user does not wish to receive these types of messages, they will not be able to use the Interactive Service.

6.4. Promotional email messages are used to advertise the Interactive Service from AMIK’s offer, and such messages are sent to Users who have selected the option to receive Promotional email messages. If the User does not wish to receive such messages, they may unsubscribe at any time after registration by clicking the “unsubscribe” button found in each individual email message.

7. Minors

7.1. The independent use of the Interactive Service by individuals under the age of 15 is prohibited, and they may only use the service under the supervision of a parent or guardian.

7.2. Individuals under the age of 15 may use the Interactive Service in a limited way, where parents or guardians may allow their children to use certain services. However, during the use of the Interactive Service, the parent or guardian must be present, and on that day, only one person can use the service at a time.

8. Limitation of AMIK’s Liability

8.1. The User understands and agrees that the use of the Interactive Service, its content, is solely at their own personal responsibility.

8.2. Limitation of Liability of AMIK Due to Technical Defects

8.2.1. The User is aware and agrees that when using the internet network, there may sometimes be technical issues that affect its functioning, leading to interruptions in the Interactive Service. Such events are beyond AMIK’s control, and for this reason, AMIK cannot be held responsible for any data loss or any other event that may occur during the provision of the Interactive Service.

8.2.2. The User agrees that access to the Interactive Service may occasionally be interrupted, temporarily unavailable, or disconnected due to reasons such as regular maintenance of the Interactive Service, or other reasons for which AMIK is not responsible and cannot bear the consequences of such interruptions.

8.2.3. In no case shall AMIK be responsible for any damage that may arise as a result of using, or the inability to use, the Interactive Service either partially or entirely. The User explicitly declares that they will not hold AMIK, its branches, responsible persons, employees, and agents liable for any damage or costs, including legal representation costs, which may arise from the User’s use of the Interactive Service.

8.2.4. AMIK, as well as any third party associated with it, does not guarantee in any way that the use of the Interactive Service will not be interrupted, nor that it will operate without any issues. AMIK is not, nor can it be, responsible for any consequences that may arise from using this Interactive Service, nor for the accuracy, reliability, or content of any information, services, or goods provided through the Interactive Service.

8.2.5. AMIK excludes any responsibility for any damage to the User’s equipment, hardware, and software that may occur as a result of using the Interactive Service.

8.2.6. This liability statement applies to any damages or injuries caused by any error, deletion, interruption, computer virus, malfunction, delay in operation or transmission, communication line interruption, theft, breach of contract, destruction, unauthorized access, modification or misuse of records, improper conduct, negligence, or any other action.

8.2.7. Due to the nature of the internet network, AMIK cannot guarantee complete protection of any information transmitted via the Interactive Service and, therefore, is not and cannot be held responsible for any harmful actions of third parties who may unlawfully receive, use, or unlawfully appropriate such confidential information.

8.2.8. Information that the User posts on public sections of the Interactive Service may also be accessible to other Users and third parties, and as such, it may appear on other websites or web browsers without the User’s knowledge. AMIK is not and cannot be held responsible for any damage that may result for the User in such cases.

8.3 Liability Limitations of AMIK Regarding User or Third-Party Content

8.3.1. The User agrees that AMIK is not responsible for inappropriate or unlawful behavior of other Users or third parties. The risk of any potential damage resulting from such behavior lies entirely with the User.

8.3.2. AMIK does not guarantee the accuracy, completeness, or usefulness of any content available through the Interactive Service that is posted by Users, third parties, or unauthorized users.

8.3.3. AMIK is not responsible for any loss or damage incurred by the User due to reliance on information obtained via the Interactive Service.

8.3.4. AMIK explicitly disclaims any responsibility for the content of third-party websites that may be accessed through the Interactive Service. Should the User access any third-party sites, they do so solely at their own risk, and AMIK bears no responsibility in this regard.

8.3.5. AMIK disclaims liability for the potential misuse of User’s personal information by third parties to whom such information has been disclosed for purposes other than the reason it was originally shared. Thus, AMIK is not liable for any resulting damage to the User.

8.4. Limitations of AMIK’s Liability for Interactive Services

8.4.1. AMIK is neither the owner nor does it own the products/services offered through its Interactive Service. Therefore, AMIK cannot be held responsible for any potential legal or material deficiencies in the products/services, or for any other issues and defects that may arise from the use of the services provided. Any deficiencies related to the delivery or shortcomings of products/services offered by any AMIK Partner are the sole responsibility of that Partner.

9. . Invalidity of Terms, Terms of Sale, and Privacy Statement

9.1. In the event that any provision of these Terms or Privacy Policy is found to be invalid, such invalidity will not affect the validity of any other provision of these Terms or Privacy Policy. The remaining provisions will remain in effect, and the invalid provision will be replaced by a valid provision that, in terms of meaning and legal intent, most closely matches the invalid provision.

9.2. If either party fails to exercise its rights under these Terms or Privacy Policy, this will not be considered a waiver or loss of those rights, nor any other rights outlined herein.

10. Dispute Resolution

10.1. Any disputes that may arise in connection with or related to these Terms or Privacy Policy, or in relation to the use of the Interactive Service, between AMIK and the User, will be attempted to be resolved amicably.

10.2. If AMIK and the User are unable to resolve the dispute amicably, the competent court for resolving the dispute will be the First Basic Court in Belgrade if the User is a natural person, or the Commercial Court in Belgrade if the User is a legal entity.

 

11. Effective Date

11.1. These Terms of Use come into effect on the day they are adopted and communicated to the User via the Interactive Service or email, at which point the Terms of Use from January 1, 2023, or any other date specified in the email or through the Interactive Service, will no longer be valid.