General Terms and Conditions regarding the Promotion and Sale of Products on the Expar v 2.0 Online Platform

In relation to the Expar online platform https://expar-store.com, the following acts as the provider of the online platform and intermediary in the sale of products:

EXPAR d.o.o.
Kongresni trg 8
1000 Ljubljana
Registration number: 7309210000
VAT no.: 29529042
Phone number: +386 41 619 698
E-mail: info@expar.si

1. Definition of Terms

General terms and conditions for the promotion and sale of products on the Expar online platform (hereinafter: the General Terms and Conditions or the Contract): these General Terms and Conditions are permanently published at the link https://expar-store.com/splosni-pogoji-b2b-a and, together with the provisions of each Offer, constitute the terms of the contract between the Company and the individual Subscriber. If a special contract has been concluded with an individual Subscriber regarding the use of the Service, such special contract shall apply to his use of the Service, and the provisions of these General Terms and Conditions shall then apply subsidiarily.

EXPAR d.o.o. (hereinafter: the Company or Provider): is the developer, owner and Provider of the Expar online platform (https://expar-store.com/) in accordance with the terms and conditions set out in this document, whereby the Company may also act as an intermediary in the online sale of Clients’ products in relation to consumers, depending on the case.

Subscribers or users of the Expar online service: are legal entities that meet the conditions for carrying out the activity of renting out accommodation facilities or renting out private rooms to guests (or another comparable activity aimed at renting out capacities to guests or general tourism activities) and, by registering a user account and fulfilling the conditions defined herein, obtain a paid licence to use the Expar online platform.

The Expar online platform (https://expar-store.com/) (hereinafter: the Service or online platform): is the Company’s online service, with the help of which users can sell products online themselves, as more precisely defined in the Offer and in these General Terms and Conditions, and includes the computer system with the Company’s associated hardware and software and all related domains and sub-domains, regardless of their test, past, operational or language version, which enable the Company to perform the service of mediation in the online sale of products on behalf of the relevant Recipient of a paid licence to use the online platform.

Written offer of the Company EXPAR d.o.o. for the use of the online platform (hereinafter: the Offer): is a written offer issued by the Company to an individual Subscriber for the conclusion of a contract regarding the receipt of a paid licence for the use of the online platform, which arises from these General Terms and Conditions in such a way that the Offer is sent to the Subscriber’s entered email address before or upon registration of the user account. If the Subscriber continues to use the Service and does not notify the Company of his withdrawal from this Contract to the Company’s valid email address info@linking-map.com within 3 days of receiving the Offer, or does not delete the user account and does not stop using the Service during this time, he shall be deemed to have accepted the Offer and to have accepted all provisions of this Contract as a validly registered user of the Service. The Offer states the price of the user fee, a set of individual specifications regarding the use of the online platform, and the term of the licence in accordance with the selected Plan, which the Subscriber chooses upon registration of the user account.

Plan: means the valid plan for using the Service, which determines the prices, functionalities and other aspects of using the Service together with these General Terms and Conditions and the provided Offer. The specifics of each Plan are stated upon registration of a user account on the website https://expar-store.com/ (e.g. Starter, Standard, Premium), and the content of the Plan is provided to the Client upon registration of a user account to his/her email address as part of the Company’s written Offer for using the online platform.

Recipient of a paid licence to use the online platform: is the Client who, as a registered user with his/her valid registered legal entity (or as a sole trader), wishes to sell his/her own products online using the online services, as further defined in the Offer and this Contract.

Visitor of the online platform (hereinafter: Visitor): is a person who has visited or navigated through the online platform and its subpages.

Buyer: is a Visitor who has successfully purchased a product on the online platform.

Purchase: the conclusion of a distance contract for the purchase of products by placing an order on the online platform, which is concluded between the Buyer and the relevant user, whereby the contract is concluded at the published price, within the scope of the selected quantities and in accordance with the terms and conditions of the general terms and conditions regarding the purchase of the Client’s products, which were valid at the time of purchase and were validly published on the online platform.

General terms and conditions for the purchase of products by the Client: are the general terms and conditions for distance consumer purchases, which the Client is obliged to publish in connection with the sale of products via the platform and for which he is fully responsible.

Product or experience product or product or goods: products and experience products that are for sale on the online platform.

Product subpage: a subpage of the online platform on which the Client has published the price of the product, its description and all other relevant information about its product and on which the Buyer can start the steps to purchase the product in question.

2. Definition of the Relationship between the Buyer, the Company and the Client

The Company offers an online platform and acts on it as an intermediary in the online sale of products on behalf of each relevant Client (i.e. an intermediary in the Client’s conclusion of distance contracts with consumers via the World Wide Web).

In accordance with the Consumer Protection Act, the Electronic Commerce Act and the Electronic Communications Act, the above-mentioned activity of the Company represents an information society service, in respect of which the Company acts as a provider of the online platform service and an intermediary in the sale of Clients’ products.

Consequently, the Company does not act in the role of a seller selling products on the online platform, nor is it responsible for the delivery, quality and other potential shortcomings of the product or legal transaction, but such responsibility always lies with the individual Client.

By purchasing a product on the online platform, a relationship is established between the Buyer and the Client, which is governed by the general terms and conditions of business regarding the purchase of the Client’s products and any business decisions made by the Client.

The Client may also decide when the product is not delivered and whether the product can be returned, exchanged or forwarded to another person, whereby in all these cases the Company, as an intermediary in the sale of products, will cooperate with Buyers and help resolve their claims with the relevant Client only by forwarding all such Buyers or claims to the relevant Client.

The Client’s data is always listed on the relevant product subpage.

The Company is in no way responsible for the actions of third parties, or for the actions of partners who sell products (both via the online Service and in physical form), and is also not responsible in relation to the return of products by the post office or other courier services that the Customer may engage upon return.

In the event of termination of the contract and return of the product, the Company acts solely as the Client’s intermediary in relation to regulating the situation and refunding the purchase price.

3. Validity of these General Terms and Conditions and Conclusion of the Contract

These General Terms and Conditions constitute a licence agreement for the paid use of the online platform between the Company and the Subscriber, which the Subscriber concludes with the Company at the moment when he registers a user account and receives a copy of this Contract and the relevant Offer at the email address he has provided, and provided that the Subscriber continues to use the Service and does not notify the Company of his withdrawal from the received Contract and Offer at the Company’s valid email address info@linking-map.com within 3 days of their receipt, or does not delete the user account and cease using the Service within this time. Subscribers are kindly requested to carefully read the provisions contained herein and the provisions of the transmitted Offer before using the Service and before concluding the Contract.

The Subscriber always warrants to the Company that, at the time of carrying out the above procedure, he holds all appropriate authorisations and rights required for the valid registration of the user account and the conclusion of this Contract in the name of his legal entity.

If, upon conclusion of this Contract, it should occur that the acceptance of the Offer has been communicated or this Contract concluded in the name of a third party and without its authorisation, this Contract shall bind the unauthorisedly represented third party only if it subsequently approves it.

If the unauthorisedly represented third party does not approve the conclusion of this Contract within the deadline notified by the Company for this purpose, the Company shall be entitled to claim compensation for damages from the person who, as an agent without authority, concluded it, if at the time of conclusion of this Contract the Company did not know and was not obliged to know that such person did not have the appropriate authorisation.

The Subscriber is always bound only by the transmitted Offer and the latest version of these General Terms and Conditions that is valid at the time of acceptance of the Offer and is, as such, always accessible at https://expar-store.com/splosni-pogoji-b2b-a.

In the event of a conflict between the provisions of these General Terms and Conditions and the accepted Offer and other possible general terms and conditions or individual contracts, the provisions that are more specific in relation to the subject of regulation shall apply, or the provisions contained in the accepted Offer/individual contract shall apply.

If a competent court or other competent authority decides that any provision of these General Terms and Conditions is null and void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in force to the extent possible.

No provision in these General Terms and Conditions creates any other agency relationship, franchisor–franchisee relationship or other form of partnership between the Company and the Subscriber and its employees.

4. Amendments to these General Terms and Conditions

Upon the implementation of additional services and technologies, upon the occurrence of new circumstances, and in all other possible cases that justify it, the Company reserves the right to amend these General Terms and Conditions. Should these General Terms and Conditions be amended, the Company will do everything in its power to notify the Subscriber thereof via usual electronic communication channels (e.g. an email sent to the Subscriber’s email address).

If the Subscriber does not agree with the amendment of these General Terms and Conditions, he is obliged to notify the Company of this no later than 15 days from receipt of the notice, whereby in such cases the Company has the right to refuse further cooperation with such Subscriber and to withdraw from the concluded Contract in accordance with the provisions of the chapter “Termination of the right of use and withdrawal from the Contract” of the accepted Offer and these General Terms and Conditions.

On the subpage https://expar-store.com/splosni-pogoji-b2b-a of the online platform, only those General Terms and Conditions that are in force at that time will be published.

5. Storage of and Access to the Text of these General Terms and Conditions

The Company permanently stores the current and previous versions of these General Terms and Conditions. Each Subscriber may at any time request the Company to provide him with those General Terms and Conditions that were in force at the time of his acceptance of the Offer. The Company will send them in electronic form to his email address.

6. Personal Data Protection

These General Terms and Conditions do not regulate the protection of personal data and the use of cookies in relation to the online platform and do not provide information under Article 13 of the General Data Protection Regulation (GDPR). This area is defined in the general information on personal data protection published at the link: https://expar-store.com/politika-zasebnosti/, where a detailed list of purposes and types of processing, legal bases, storage periods and information about other processors of the Company, transfers of personal data to third countries, the existence of automated processing and the rights of individuals is provided.

The Company is not liable for abuses of personal data where these are solely the result of an error or security shortcoming on the Subscriber’s side.

7. Scope of the Right to Access and Use the Online Platform

The Subscriber’s acceptance of this Contract and the Offer means the acquisition of a paid licence to use the online platform in accordance with the provisions of these General Terms and Conditions and the relevant Offer, whereby the Company grants this right of use as a paid, non-exclusive, revocable and non-transferable right (hereinafter: the right of use).

The right of use enables the Subscriber to use, via the administration interface of the online platform and with his user account, the core functionalities of the platform and any other functionalities of the platform as defined in the individual Offer.

Each new core functionality of the platform will generally be available to all Subscribers.

The Company and the Subscriber may agree on the provision of other functionalities of the platform also subsequently, i.e. after the Subscriber’s acceptance of the Offer, whereby in such cases the Subscriber will subsequently communicate his needs to the Company and the Company will issue a new Offer in this regard.

The Company may also offer and perform additional development services for the Subscriber (e.g. development of a customised plug-in, development of additional functionalities, etc.).

Additional development services are performed on the basis of the Subscriber’s written order sent by email to: info@linking-map.com. On the basis of the order, the Company will issue to the Subscriber a written Offer for the performance of additional development services, specifying the services and the price. In the event of confirmation of the Offer, additional development services may also be carried out using a purchase order or work order. Where necessary, the Company and the Subscriber will conclude a separate contract for the performance of additional development services.

8. Registration, Use and Protection of the User Account

The Subscriber warrants to the Company that all data provided in connection with the registration of his user account are accurate, true and correct and that he will not use the online platform in a manner contrary to these General Terms and Conditions.

If, upon registration of the user account, the Subscriber provides the Company with inaccurate, untrue or incorrect data, or if the Company has reasonable grounds to believe that the data are inaccurate, untrue or incorrect, the Company has the right to terminate all registered user accounts of such Subscriber.

The Subscriber may share the received username and password of the user account with employees or other related persons, provided that their use of the online platform is carried out in the name of and on the basis of the authorisation of the Subscriber (hereinafter: authorised user). The Subscriber is always responsible for all postings, actions, business decisions and other consequences arising from the use of the online platform by authorised users.

If the Subscriber later wishes to change his data, he may contact the Company in this regard at the email address: info@linking-map.com.

The Subscriber and each authorised user must protect the received username and password of the user account with the care of a good manager and in such a way as to consistently prevent them from coming into the possession or use of third, unauthorised persons.

In the event of unauthorised use of the user account or password, or in the event of suspicion that someone has committed a criminal offence with his user account or otherwise caused damage, the Subscriber is obliged to immediately notify the Company at the email address: info@linking-map.com.

For any use, abuse, loss or theft of the username or password of the user account attributable to intentional or negligent conduct of the Subscriber and due to which damage has occurred to the Company or to a third party that may consequently file a claim against the Company, the Subscriber shall be liable to the Company for damages under the rules of civil law.

9. Access to the Administration Interface

The Subscriber or authorised user accesses and uses the online platform on a computer, mobile phone or tablet that he provides himself.

By entering the username and password of the user account, the Subscriber or authorised user logs into the administration interface of the online platform, which he can access on the home page of the online platform: https://expar-store.com/login/sl.

The Provider will provide the Subscriber with a user account with overarching access (admin account) and several user accounts with limited access (e.g. for managing and checking stock by the Subscriber’s staff), which will be tied to the unique email addresses of the Subscriber’s employees.

10. Limitations of the Right of Use

The right of use is territorially limited to the territory of the Republic of Slovenia and temporally limited to the term stated in the individual Offer (see the chapter “Termination of the right of use and withdrawal from the Contract” of the Offer and these General Terms and Conditions).

The Subscriber may not transfer the right of use to third parties or grant sublicences without the prior written consent of the Company.

Changes in prices and functionalities and related notifications are regulated in the chapter “Amendments to these General Terms and Conditions”.

11. General Obligations of the Subscriber

By this Contract, the Subscriber undertakes to:

provide the Provider with all necessary business data, information and ensure the availability of staff or other persons that the Provider will need for the installation and expected functioning of the Service,
inform the Provider of all circumstances that could significantly affect a change in the Contract,
pay for the Service from the Offer in accordance with the provisions of this Contract,
and, where this expressly follows from the cooperation under the accepted Offer:
- pay for and maintain stock of products and inform the Provider of stock levels,
- appropriately mark, in the premises where it provides accommodation to its guests, that the products of the online platform are available for purchase (e.g. display QR codes etc.),
- publish valid general terms and conditions of business for distance consumer purchases if it is itself the seller of the products,
- hand over the purchased product to the relevant guest (consumer) after a successfully completed purchase or enable him to collect/use the product in another way,
- coordinate with any external providers regarding the use/performance of products that may involve the participation of third parties (e.g. guided tour with a tourist guide),
- provide the guest (Buyer) with the information/rights to which he is entitled as a consumer,
- in business with consumers and any other business under this Contract, comply with all relevant regulations (e.g. personal data protection, consumer protection, tax regulations, regulations governing trade, etc.).

12. General Obligations of the Provider

By this Contract, the Provider undertakes to:

professionally and with quality provide the Service,
provide the Subscriber with access to the Service after registration of the user account,
provide the Subscriber with basic advice on the use of the Service,
timely perform any additional work explicitly agreed,
inform the Subscriber of all circumstances that could significantly affect a change in this Contract,
and, where this expressly follows from the cooperation under the accepted Offer:
- assist the Subscriber in marking the premises with information that the products of the online platform are available for purchase (e.g. assistance in supplying creatives, QR codes, etc.),
- coordinate with any external providers regarding the use/performance of products that may involve the participation of third parties (e.g. guided tour with a tourist guide), when this concerns a product that the Subscriber advertises or sells via the Service,
- in business with consumers and any other business under this Contract, comply with all relevant regulations (e.g. personal data protection, consumer protection, tax regulations, regulations governing trade, etc.).

13. Availability of the Service and Permitted Downtime

To access the user interface and use the Service, the Subscriber needs his own communication means or device with appropriate hardware and software that enables the transfer, display and exchange of data and information via the internet.

Responsibility for the proper functioning, use and protection of his own communication means or device (e.g. security of passwords, security of the email inbox through which the Visitor and Subscriber exchange key messages regarding the Service, installation of updates to the browser and other software, etc.) lies with the Subscriber.

Despite the Provider’s constant efforts to offer access to and operation of the Service in the expected, secure, uninterrupted and correct form, outages may occur in terms of restricted operation and inability to access the Service that are outside the Provider’s sphere of influence and for which the Provider assumes no responsibility.

The Provider is not liable to the Subscriber for restricted or discontinued availability of the Service and for potential consequences of outages in its operation.

14. Nature of the Service and the Responsibility and Role of the Provider and Subscriber

Compliance with regulations in the field of online sales of products to consumers and other related regulations (e.g. regulations governing tax obligations, stock keeping, personal data protection, enforcement of consumer rights, etc.) and requirements is the sole responsibility of the Provider or the Subscriber when acting as the seller towards the consumer.

The Provider and the Subscriber are not liable to each other for breaches of the rules governing online product sales and other related regulations in situations where each acts independently as the seller of a product towards the consumer.

In relation to their mutual cooperation under this Contract and the content of the individual Offer, it follows that the parties are not liable to each other:

in relation to the quality and general legal compliance of products/sales/entries in the Service (i.e. with regard to images, texts, descriptions and other content that each party itself enters into the Service and with regard to the legal transactions that each party independently carries out via the Service),
for the quality and delivery/performance of products where a party prepares or enters its own (or third-party) products into the Service (e.g. performance of a guided tour, etc.),
in relation to other aspects of their own business that each party independently carries out.

The Subscriber undertakes to always check the accuracy of each output (e.g. confirmation of received order, invoice, etc.) that the Service generates for him and to assess himself its correctness, legality and usability.

The parties understand their cooperation under this Contract as an obligation of effort and not as an obligation of result. The parties do not guarantee each other business success, increased sales or any other potential commercial or other results that they may expect as a fruit of their cooperation.

15. Ordering Support Services

In accordance with the confirmed Offer, the Provider will provide the Subscriber with 2 free hours of support services per month (e.g. technical support regarding the use of the Service).

The Provider may also offer the Subscriber additional paid support or development services beyond the scope stated in the previous paragraph.

Additional support, advertising or development services are carried out on the basis of the party’s written order sent by email or regular mail to the contact address of the other party.

Where necessary, the Provider and the Subscriber will conclude a separate contract for the performance of additional services.

16. Responsibility and Role of the Subscriber

After registration of the user account, the Subscriber warrants to the Provider that:

in negotiations upon conclusion of this Contract and when creating the user account/access to the administration panel, he has provided the Provider with true information,
he will use the Service for lawful and fair business,
when using the Service and especially when selling products to consumers, he will not violate sectoral regulations and copyrights or intellectual property rights of third parties,
he has an appropriately registered activity and an appropriate system for recording business events for the use of the Service.

The Subscriber must protect the password of his user account/access to the administration panel with the care of a good manager and in such a way as to consistently prevent the username and password from coming into the possession of unauthorised persons.

The Subscriber may not transfer the password to a third person (i.e. a person outside his company) and may not allow third persons to use the Service for their own business or private purposes.

All damage and all risks directly or indirectly connected with misuse, loss or theft of the username or password or part thereof shall be borne solely by the Subscriber.

For any misuse, loss or theft of the username or password attributable to intentional or negligent conduct of the Subscriber and due to which damage has occurred to the Provider or to a third party that may consequently file a claim against the Provider, the Subscriber shall be liable to the Provider for damages under the rules of civil law.

In setting up, managing and using the Service, the Subscriber must always comply with regulations on consumer protection, personal data protection, industrial property rights as well as copyright and related rights, and must at all times ensure that materials, texts, assets and all other content used in connection with the Service are free from copyright claims by authors and claims by holders of industrial property or other entitled third parties, or that such content is appropriately licensed for use by the Subscriber.

Any use of the Service that is not in accordance with the previous paragraph is not permitted.

17. Reporting Breaches, Suspected Misuse of the Service and Termination of Access to the Service

The Provider reserves the right to review the Subscriber’s entries or outputs within the Service and has the right to remove any content (e.g. product, description, image, invoice, etc.) that is contrary to the provisions of this Contract or is unlawful. The Provider will also remove any content on the basis of an official request by a public authority or a third party that duly demonstrates a breach of copyright or industrial property rights or a breach of any other protected right or regulation.

Use of the Service that is not in accordance with this Contract or the Provider’s instructions and good business practice is considered misuse of the Service and is prohibited.

Misuse of the Service in particular includes:

causing or attempting to cause damage within the Service or by means of the Service;
reading system files of the Service, even if these are accessible;
harming or attempting to harm users or the Provider;
suspicion of fraud or other illegal activity;
use of the Service for any purpose other than that defined by this Contract (e.g. reverse engineering, etc.);
sale of products that are contrary to the regulations of the European Union and contrary to the constitution, mandatory regulations or moral principles;
creation and publication of violent, defamatory, obscene, pornographic, offensive or otherwise publicly controversial content;
sale of products that could in any way harm the Provider’s good name and/or financial stability.

The Provider may detect the above and other misuse itself or be informed of it by third parties or competent public authorities.

In the event of a justified suspicion of misuse, the Provider has the right to immediately unilaterally withdraw from this Contract and prevent the Subscriber from further use of the Service, for which the Provider shall not be liable to the Subscriber for damages or otherwise.

18. Intellectual Property Rights

Intellectual property rights include all source code, all databases, functionalities, software, designs, texts, photographs and graphics of the Service installed on or connected with the Service, as well as any trademarks and logos owned by the Provider and its affiliated companies or under their control or licensed to them and protected by copyright and trademark laws and various other regulations on intellectual property rights and unfair competition of the Republic of Slovenia and possibly also by other international laws on copyright, intellectual property and international conventions.

The Provider and its affiliated companies always retain all intellectual property rights or copyrights on or in relation to the Service and do not transfer them in any way to the Subscriber by this Contract (or by actually enabling the Subscriber to use the Service).

Except in cases expressly stated in this Contract, no part of the Service and the website on which the Service is hosted may be copied, reproduced, combined, republished, uploaded, posted, publicly displayed, reprogrammed, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without the Provider’s express prior written consent. This expressly includes any improvement, modification or derivative of the Service that the Provider makes available to the Subscriber.

The Provider assumes no responsibility in relation to any claims, proceedings, costs, expenses (including actual legal costs chargeable by attorneys) or damages of any kind arising from an actual or alleged claim by a third party where any data/content/entries/outputs that the Subscriber has installed or otherwise used in connection with the Service infringe the rights of that third party (including the Provider’s intellectual property rights or the intellectual property and privacy rights of third parties).

All copyrights and intellectual property rights to the data or entries that the Subscriber places in the Service for the purposes of his use of the Service under this Contract remain the exclusive property of the Subscriber (or its affiliated companies/partners).

After registration of the user account, the Subscriber grants the Provider and affiliated companies, worldwide, a non-exclusive, fully paid-up and irrevocable licence to store and use image material, databases, logos, texts and any other copyrights for the purpose of cooperation under this Contract and provision of the Service, and for the exercise of the Provider’s rights and performance of its obligations under this Contract. This licence is granted by the Subscriber to the Provider for the entire duration of this Contract.

After registration of the user account, the Provider grants the Subscriber, worldwide, a non-exclusive, fully paid-up, transferable and irrevocable licence for commercial use, storage, copying, modification, making available and display of those contents of the Service that are objectively connected with the Subscriber’s business, provided that such business does not include the development and other activities aimed at establishing its own service that could represent competition to the Provider. This licence is granted by the Provider to the Subscriber for the entire duration of this Contract and for an unlimited period of time in the case of the Subscriber’s copyrighted works which, after termination of this Contract, still include outputs.

After expiry/termination of this Contract, the Provider and the Subscriber will ensure that all copyrighted content or content in which they hold intellectual property rights is either deleted or removed/returned, unless there are exceptions for its storage or use as specified above.

19. Issuing of Invoices

The parties will issue invoices to each other in connection with cooperation under this Contract (i.e. in relation to the Subscriber’s use of the Service), as more precisely set out in the attached Offer.

Each party must pay the invoice within the period stated on the invoice, otherwise this Contract may be considered terminated and the party that has fulfilled the Contract may claim compensation for damage or lost profit from the other party.

The parties will not be charged any additional costs, such as hosting costs, travel and other material costs, unless otherwise agreed between the parties.

20. Protection of Confidential Information

For the purposes of this Contract, confidential information that has the nature of a business secret includes all entries and outputs and all other business secrets or confidential information that the Provider and the Subscriber exchange for the purposes of providing and operating the Service (e.g. personal data, market information, technical data, strategies, data relating to the Subscriber’s customers or business partners, price lists, product catalogues, etc.) and may be in any form and transmitted in any way (e.g. orally, in writing, graphically or in other tangible form).

The Provider and the Subscriber will permanently treat all confidential information referred to in the first paragraph of this article as a business secret and will not disclose it to third parties without the prior written consent of the other party.

21. Processing of Personal Data in the Context of Business Cooperation

For purposes where, in the context of cooperation under this Contract, the Provider processes personal data on behalf of the Subscriber, the parties have concluded a data processing agreement in accordance with Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation — GDPR), which the Subscriber accepts upon registration of the user account.

22. Nature of the Business Relationship, Exclusivity and Conflict of Interest

The Provider always acts as a good professional and in the Subscriber’s interest.

The Provider offers the Service to the Subscriber on a non-exclusive basis and may, at its own discretion and without compensation to the Subscriber, offer it to other legal entities in or outside Slovenia.

23. Reference

Unless otherwise instructed by the Subscriber, the Subscriber agrees that the Provider may include a brief mention of the Subscriber’s name and the placement of the Subscriber’s logo in connection with his use of the Service in promotional materials and on the Provider’s own websites.

24. Termination and Cancellation of the Contract

This Contract is concluded for an indefinite period. Each contracting party may terminate this Contract in writing (which also includes closing the account via the user interface of the Expar platform) with 30 days’ notice, or within another time frame agreed between the parties. The notice of termination must be sent to the other party in writing by email to the addresses specified in the header of this Contract. Before termination of the Contract, the parties must agree on the manner of settlement of any outstanding obligations and completion of unfinished work.

Notwithstanding the previous paragraph of this article, each contracting party may, in accordance with the law, immediately withdraw from the Contract if the other contracting party fails to fulfil its obligations or seriously breaches the provisions of this Contract and does not remedy such breaches or situations even after an additional reasonable period for performance or remedy of the breaches. The contracting party that unilaterally withdraws from the Contract for the above reason will also notify the other contracting party in writing by registered mail or email.

In the event of termination of cooperation and termination of this Contract, the Provider has the right to issue an invoice to the Subscriber in an amount reflecting payment for the Service for the current month of use (i.e. by settling the account up to the date of receipt of the notice of withdrawal from the Contract), while the Subscriber may claim from the Provider payment of all transfers relating to purchases of products or commissions that the Provider may owe him under this Contract.

25. Termination of the Right of Use and Withdrawal from the Contract

Notwithstanding the above, the Company always reserves the right to withdraw from the Contract and terminate the Subscriber’s user account if the product subpage, the Subscriber’s content or the sale of products itself violates the provisions of these General Terms and Conditions or if, in relation thereto, the Company receives a request from a competent authority or a justified request from an affected third party.

In connection with the above termination of the user account and withdrawal from the Contract, the Company shall not be liable to the Subscriber or any third party for any damage that may be caused to the Subscriber or a third party.

In the event of termination of the user account, the Company shall, in accordance with the concluded “Data Processing Agreement”, store the relevant Subscriber’s data for 30 days from the date of termination and then delete them.

26. Dispute Resolution and Liability for Damages

If either party acts contrary to this Contract or contrary to the interests of the other party, the injured party is entitled to reimbursement of costs or compensation for damage.

The contracting parties will attempt to resolve all disputes and possible misunderstandings related to this Contract amicably and peacefully. If the contracting parties fail to reach an agreement, the court in Ljubljana shall have jurisdiction to resolve disputes.

27. Commencement of Validity of these General Terms and Conditions and Archive of Previous General Terms and Conditions

These General Terms and Conditions shall enter into force on 28 August 2025.