General Terms Of Use

General Terms of Use of the Web Portal

www.mojkey.com

The website www.mojkey.com represents an online platform that enables the public posting and searching of advertisements and the connection of users. The company Artsoftware d.o.o., based in Zagreb, at Ulica grada Mainza 26, OIB: 74641667099, registered with the Commercial Court in Zagreb MBS: 040356887, reserves the right to change, modify, and supplement the General Terms of Use of these pages at any time.

A user is any natural or legal person who accesses the Website and/or uses any content available on the Website, including registered and unregistered users as well as business entities with which ARTSOFTWARE d.o.o., Zagreb has concluded service agreements.

By accessing these pages, you accept all the rules and conditions of use of the internet portal www.mojkey.com, as well as the mobile application of the same name, confirming that you have fully read, understood, and accepted the application and binding nature of the Terms of Use and Privacy Policy.

The use of the Website is possible only and exclusively with the acceptance of the Terms of Use, and if you do not accept them for any reason, you are not allowed to use the Website.

The user is solely responsible for bearing any costs that may arise from the use of the Website.

The use of certain content on the Website is possible only under the condition of completing the registration process. The user is obliged to provide accurate, truthful, and complete information required for the registration process; contrary actions will be considered a violation of the Terms of Use.

ARTSOFTWARE d.o.o., Zagreb reserves the right to refuse registration or cancel an existing registration or user account or deny the use of certain content on the Website, at its discretion and without prior notice, especially in the case of violation of the Terms of Use.

The portal www.mojkey.com uses a recommendation system in a way that selects ads displayed to the user, uses the user's activity on the site (ads viewed by the user are tracked), and based on them, displays ads that users with a similar browsing pattern have often viewed.

The portal www.mojkey.com moderates the content published by users to ensure that it does not violate these General Terms or legal regulations.

Users of our internet portal have the option to report content they consider illegal or contrary to these Terms and Rules of Use.

We will review the received notice of such content without delay and in accordance with the provisions of Regulation (EU) 2022/2065 (Digital Services Act).

You can file a complaint against our decisions via email at [email protected].

All users of the Website are obliged to keep their account information secure and are solely responsible for any damage that may result from the use of their account by another person.

All users of the Website, as well as the mobile application, including advertisers, are obliged to fully comply with applicable regulations and rules of decent behavior with other users.

The user is obliged to compensate any damage caused to ARTSOFTWARE d.o.o., Zagreb, other users, and/or third parties as a result of illegal use of the Website and mobile application.

It is prohibited to mislead service users by providing incorrect information, as well as to conceal information such as service prices or age restrictions for using the services.

Advertisers providing premium rate services or using premium rate numbers are obliged to fully comply with the Electronic Communications Act (NN 73/2008, 90/2011, 133/2012, 80/2013, 71/2014, 72/2017) and relevant bylaws.

All ads published on the Website and/or in the mobile application, as well as all data contained therein, come exclusively from advertisers, who are solely responsible for the accuracy, truthfulness, and completeness of all and any data.

The advertiser is solely responsible for all and any legal obligations regarding the published ad and its content, including but not limited to liability for infringement of third-party intellectual property rights or the legal permissibility of advertising a particular item and/or service.

It is particularly noted that, according to the Unfair Advertising Act (NN 43/09), any misleading advertising is prohibited, i.e., advertising that in any way, including its presentation, misleads or is likely to mislead the persons to whom it is addressed or who it reaches, and is likely to affect their economic behavior, or that harms or is likely to harm competitors.

Also, the Unfair Advertising Act (NN 43/09) prohibits comparative advertising, i.e., advertising that directly or indirectly refers to a competitor, or that directly or indirectly refers to a competitor's goods or services.

In accordance with the Electronic Commerce Act (NN 173/03, 67/08, 36/09, 130/11, 30/14), we emphasize that ARTSOFTWARE d.o.o., Zagreb is not responsible for automatic, intermediary, and temporary storage, nor is it in any way responsible for the content of stored data.

In accordance with the Act on the Prohibition and Prevention of Unregistered Activities (NN 61/2011), it is prohibited to publish ads related to the performance of unregistered activities, i.e., ads related to the performance of activities that are not registered in the court register or other appropriate register or reported to the competent authorities when required by regulations, as well as if there are no legally prescribed acts on meeting the conditions for performing activities or if a ban on performing activities has been imposed by a decision of the competent authority.

According to the Trade Act (NN 87/08, 96/08, 116/08, 76/09, 114/11, 68/13, 30/14), it is prohibited to advertise and offer goods or services by providing data or using expressions that exploit the reputation of another trader, their products, or services.

It is not allowed to insult, belittle, threaten, or otherwise harass other users and visitors on the Website and mobile application.

ARTSOFTWARE d.o.o., Zagreb does not guarantee the availability of ads to users after the ad expires.

ARTSOFTWARE d.o.o., Zagreb reserves the right to change the appearance of the ad, the right to change the positioning of the ad, and the right not to publish or remove the ad if the publication of the ad is not in accordance with the Terms of Use, especially when:

  • ARTSOFTWARE d.o.o., Zagreb suspects that the ad represents an attempt at fraud or is used for or is related to the commission of a criminal offense,
  • the product and/or content of the ad has offensive, discriminatory, and/or illegal content,
  • the ad represents covert advertising, i.e., when the advertiser avoids paying the fee for publishing the ad,
  • the ad contains obvious linguistic and similar errors,
  • the content of one ad contains multiple products or services,
  • the ad is submitted in the wrong category,
  • the ad is found in more than one category or is submitted more than once,
  • the product, description, and/or price in the ad is incorrect and/or incomplete,
  • the ad contains a link to websites and/or HTML tags,
  • the ad contains contact information (phone, address, email address) within the text or title of the ad,
  • the content of the ad is composed in a way to achieve a better position of the ad,
  • the photo in the ad contains graphic solutions or details that distinguish it from other ads,
  • the product and/or advertiser violates intellectual property rights,
  • the product may cause harm.

The publication of content will not be allowed if the user attempts to publish content that contains a word from the list of prohibited words; the user will be notified that it is a prohibited word. Such content will be reviewed by moderators before we allow it to be published.

Users are obliged to have an active email address for communication with the Company and other users at all times and to regularly respond to received inquiries.

Advertisers using our portal for personal purposes can publish a basic type of ad for free, except for certain categories that are charged, and for other types of ads in accordance with our pricing.

The price list is available on our website, and you can also get information via email at: [email protected].

If the ad is paid for but does not meet advertising requirements, it will be rejected. Users can either create another free ad in the same category or request a refund within 60 days. If no refund request is made, ArtSoftware d.o.o., Zagreb reserves the right to retain the balance.

On the portal www.mojkey.com, users can make payments via the Stripe system, which accepts credit cards, debit cards, and other payment methods.

ARTSOFTWARE d.o.o., Zagreb does not bear any direct or indirect responsibility regarding legal transactions that take place based on published ads on the website and printed editions and in which users independently enter.

ARTSOFTWARE d.o.o., Zagreb is not responsible to any persons for any kind of damage that may arise directly or indirectly as a result of using the website or using other websites and content that can be accessed from the website.

ARTSOFTWARE d.o.o., Zagreb, regarding published ads, does not guarantee:

  • the accuracy, truthfulness, and completeness of the ads or any data contained in them, as well as the quality, safety, and legality of the offered products and/or services,
  • the accuracy, truthfulness, and completeness of data about advertisers and users,
  • the business capability, authorization, registration, or existence of any other condition required in accordance with regulations for offering and selling products and/or services by advertisers.
  • that the content on the website will be published without errors and that the implementation of such content will not violate the intellectual rights of third parties.
  • that there will be no errors on the website and/or that it will function without interruption at all times.

ARTSOFTWARE d.o.o., Zagreb is not responsible to any persons for any kind of damage that may arise directly or indirectly as a result of using the advice available on the Website and printed editions, as well as not responsible to any persons for any kind of damage that may arise directly or indirectly as a result of the inability to use the website or printed editions due to a malfunction, error, or similar event.

ARTSOFTWARE d.o.o., Zagreb collects and processes users' personal data. All details regarding the processing and protection of personal data are available in the Privacy Policy section.

ARTSOFTWARE d.o.o., Zagreb reserves the right to disable the use of the website to all users who in any way violate the General Terms of Use.

ARTSOFTWARE d.o.o., Zagreb reserves the right to initiate appropriate proceedings against any such user, including proceedings for compensation for damages.

ARTSOFTWARE d.o.o., Zagreb will particularly disable the use of the website for users who:

  • do not provide accurate, truthful, and complete data,
  • copy content published on the website and publish it on another advertising medium or use it for commercial purposes in any way.

According to the Electronic Communications Act, ARTSOFTWARE d.o.o., Zagreb is authorized to use the email addresses of its registered users

  • for the purpose of selling products and services,
  • for direct promotion, including sending newsletters,
  • for sending notifications about the status of the submitted ad,
  • as well as other types of notifications related to the ad.

The rights related to the portal www.mojkey.com, including text, audio material, video material, databases and software code, format, and all other materials, sounds, formats, software, names (including the domain) belong exclusively to ARTSOFTWARE d.o.o., Zagreb, and it is not allowed to change, reproduce, distribute, sell any part of the website.

It is also not allowed to copy the content of the pages on the portal http://www.mojkey.com in whole or in part without the written permission of the Company.

Advertisers expressly agree that the Company may, without any further permission or special consent, use, distribute, and publish ads published on the Website in all printed and internet editions of the Company, as well as on the websites of affiliated companies and business partners and on social networks. Also, ads published in all printed and internet editions of the Company, as well as on the websites of affiliated companies and business partners and on social networks, the Company is authorized to publish on the Website without any further permission or special consent.

The General Terms of Use are in accordance with the Obligations Act and the Consumer Protection Act.

The General Terms of Use are published on the Website and are available at the office of ARTSOFTWARE d.o.o., Zagreb.

ARTSOFTWARE d.o.o., Zagreb is authorized to change the General Terms of Use at any time, and users are obliged to familiarize themselves with all changes.

Changes to the Terms of Use take effect on the day of their publication on the website, and by continuing to use the website, it is considered that the user has agreed to the amended General Terms of Use.

In case of complaints and objections, it is necessary to contact in writing at the email address [email protected].

The Company will respond to the complaint or objection within 15 days.

Consumer users are authorized to unilaterally terminate the contract with ARTSOFTWARE d.o.o., Zagreb by deleting their user account.

In case of a dispute, the consumer has the right to use an out-of-court dispute resolution method in accordance with the Consumer Protection Act.

These General Terms of Use are governed by the law of the Republic of Croatia.

In case of any dispute related to the interpretation, content, application, or violation of the General Terms of Use, the court in Zagreb will have jurisdiction.