Terms of Service

Article 1. General terms

Book A Service is a website/product (hereinafter the "Platform") owned by GOLUB IMV, registration number: 54882963 (hereinafter "BAS"). The registered seat of BAS is at Solunskih boraca 5a.

This Terms of Service Agreement (the "Terms") governs your access to, use of, and participation in the Platform made available by BAS, as well as your overall relationship with BAS. PLEASE READ THE TERMS IN FULL AND CAREFULLY. BY ACCESSING AND USING THE BOOK A SERVICE WEBSITE AND ITS CONTENT AND/OR THE BOOK A SERVICE PRODUCT AND/OR SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, AS WELL AS ANY AMENDMENTS, REVISIONS, AND CHANGES TO THE TERMS AND CONDITIONS, WHICH MAY BE INTRODUCED FROM TIME TO TIME. IF YOU REJECT OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE BOOK A SERVICE WEBSITES, PRODUCT, AND SERVICES.

All references to the words "you", "your", or "User", depending on context, refer to the person who accesses, uses, and/or participates on the Platform in any way.

Article 2. Changes to the general terms

The owner of the Platform, BAS, reserves the right to change the general terms of use of the Platform at its own discretion in order to reflect legal, technical, or any other changes in circumstances, and without prior notice. BAS will notify users of such changes by publishing them on the Platform on the Terms of Service page, or by notifying them in another way when you are logged into your Account. Changes take effect thirty (30) days after publication on the Platform. By continuing to use the Platform after the expiry of thirty (30) days, the User consents to the changes. If you do not agree, do not access or use the Platform. In that case, the contractual relationship will be terminated on the day preceding the day of entry into force of the new version of the Terms of Service.

If any court or other regulatory body determines that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision(s) will be severed from these Terms of Service, and the remainder of these Terms of Service will remain in full force and effect.

Article 3. Definitions

• „Platform" means the Book A Service website/product, software, processes, and all services provided by BAS or provided through BAS.
• „Terms" is short for Terms of Service.
• „Content" means text, graphics, images, software, audio recordings, video recordings, information, or other materials, including but not limited to profile information, reservations, offers, messages, reviews, notifications, settings, and planner calendar information, and other information or materials available on or through the Platform.
• „Provider" is a company or business registered on the platform as a service provider in the selected category, depending on the industry in which it operates.
• „Employee" is a person who accesses, uses, and/or participates on the Platform and performs work for the Provider as an employed worker.
• „User" is a person who accesses, uses, and/or participates on the Platform in any way. A User is any person who uses the Platform, which includes the Provider and all Employees of the Provider. All registered persons on the Platform are Users, because the Provider or Employee must first be registered as a User.
• „Provider Representative" is the owner or authorized person who represents the Provider as a company.
• „Profile" is the part of the Platform where the User or Provider enters basic information about themselves or the company.
• „Dashboard" is the part of the Platform where the User or Provider enters or uses data and makes settings related to the functions of the Platform.
• „Reservation" is the process by which you temporarily secure or reserve a certain resource or service before its use.
• „Subscription plan" is the plan a Provider may choose in order to use the services of the Platform.
• „Account" is your unique digital identity on the Platform.

Article 4. Privacy Policy

You agree that BAS may use the data you have provided as a User of this Platform. Based on the information you provided when registering on the Platform, you allow us to send you notifications via e-mail and in-app notifications.

The Privacy Policy is available at /privacy and is an integral part of these Terms.

Article 5. Accuracy of information

BAS strives to keep the information on the Platform accurate and up to date. If we determine that information is inaccurate, BAS is ready to correct errors with reasonable clarification received from the User or Provider. BAS will respond within 10 business days of receiving a written notice. BAS is not responsible for the accuracy of data posted by the User or Provider.

Article 6. Use and misuse

Any use of the Platform or tools that may damage, disable, overload, or harm the Platform, technical equipment, or the company is not allowed. BAS reserves the right to immediately remove any User or Provider, as well as anyone who violates these rules or otherwise damages the Platform, other Users, or Providers. Depending on the violation and damage, BAS reserves the right to initiate legal proceedings.

Article 7. Breach of the Terms of Service

Without limiting other rights contained herein, BAS may, at its sole discretion, take any action permitted by law for a breach of the provisions of these Terms of Service or any other policy or agreement between the User, Provider Representative, and BAS, including but not limited to: removing content you have posted, restricting access to your Account, collecting unpaid obligations under the active Subscription plan, terminating the Account, blocking access, investigating, and/or cooperating with law enforcement agencies in an investigation or prosecution.

Article 8. Termination or suspension of the Account

We may, at our sole discretion, with or without cause, with or without prior notice, and at any time, decide to restrict, block, suspend, deactivate, or terminate the Account of a User or Provider. If, in accordance with our sole discretion and these Terms of Service, we do so, any or all of the following actions may be taken with or without prior notice or explanation to you:

• The Account will be deactivated or suspended, and you will not have access to the Platform;
• Within public profiles and reviews, we may indicate that a particular Account is no longer active (without stating the reason);
• You will not be entitled to any refund for Platform services that were cancelled or postponed as a result of the Account termination.

You may stop using the Platform and/or terminate your Account at any time — as a Provider in the Provider Profile or as a User in Settings on the Dashboard. Please note that if the Account is cancelled, we are not obligated to delete or return any Content you have posted on the Platform, except to the extent necessary to respect your rights under the GDPR and the Personal Data Protection Act (see Privacy Policy).

Article 9. Limitation of liability

BAS acts as an intermediary platform and is not a party to transactions between Users and Providers. We are not liable for the quality, safety, or legality of services offered by Providers.

The Platform will endeavor to ensure smooth operation, timeliness, and accuracy of content, and in the event of a malfunction — to restore the operation of the Platform.

BAS is not responsible for any damage caused to Users or Providers during the unavailability of the Platform. Users and Providers use the Platform and services at their own risk.

BAS is not responsible for errors or damages caused by Providers registered on the Platform. BAS is not obliged to resolve complaints or other disputes, but may assist the User in resolving a complaint.

Users use the content of the Platform at their own responsibility. The User (as well as the Provider) undertakes not to use the Platform for unlawful purposes, contrary to the provisions of the law or ethical and moral standards.

All information published or provided to Users or Providers is for informational purposes only. BAS does not guarantee, nor is it responsible for, its accuracy. BAS is also not responsible for any damage caused to legal entities or natural persons arising from the use of information from the Platform.

The User and Provider, when performing the service, enter into a mutual relationship at the User's or Provider's location, outside the Platform, so BAS is in no way involved in or interferes with that relationship.

BAS is not responsible for any inaccuracy, outdated content, or unavailability of the web pages, for interruptions in access or interruptions in the use of the web pages, for poor quality, or for any other error on the website or in relation to it.

BAS is not responsible for any damage that may occur to the user's hardware, software, or other equipment due to the use of the website. The User must ensure appropriate protection of the equipment when accessing and using the Platform.

The Platform may use links on web pages to other websites not under the control of BAS. The BAS Platform is not responsible for, nor does it assume responsibility for, the information and materials, or any other content available on third-party websites. Users are advised to carefully read the Terms of Service and Privacy Policies on all independent third-party websites before using them or before publishing or providing their personal or other data through them.

Article 10. Copyright

All content on the Platform is the property of BAS, and reproduction or use on other websites is prohibited by the Law on Copyright and Related Rights (ZASP), except for content created by providers or advertisers, subject to the same provisions of ZASP.

The content and information on the Platform are intended for personal, non-commercial use by Users, and may not be downloaded, copied, processed, or distributed for commercial use, with the exception of content that is available specifically for download and intended for such use. The User may print or publish on social networks only parts of the Platform that are intended for personal use.

The content of the Platform, i.e. texts of articles and other contributions, images, graphics, etc., is protected by copyright and is the property of the BAS Platform. Said content may be quoted, summarized, reproduced, processed, or distributed for commercial purposes when publishing magazines, publications, or other media outlets only if the BAS Platform is named as the source with an active link to the relevant web page.

The content of individual Providers' web pages and all intellectual property of Providers is the property of the Providers. The content and intellectual property of Providers is published exclusively with their consent. At the Provider's request, which may be written or verbal, BAS will immediately withdraw the intellectual property or delete the Provider's profile. The entire content of the Provider's Profile and Dashboard is managed by the Provider themselves.

Article 11. Description of the service

BAS is an online Platform that connects service Providers with Users. Providers may list their services, manage appointments, and accept reservations. Users may search for providers, book services, and manage their reservations.

Article 12. Reservations and cancellations

By making a Reservation, you temporarily secure or reserve a certain resource or service from the chosen Provider before its use.

Reservations are subject to the availability and rules set by each Provider. Cancellation rules vary by Provider and are displayed during the booking process.

Article 13. Registration

Use of the Platform is possible with prior registration of a User Account. When registering, the User is required to provide a valid e-mail address, password, and other required data. The User is required to provide truthful and complete information requested during registration. In the case of false and/or incomplete data, the User shall bear all responsibility for any damage that arises. When registering, the User must agree to the General Terms of Service and the Privacy Policy. All registered persons on the Platform are Users, because the Provider or Employee must first be registered as a User.

Unregistered Users may access only the publicly available content on the Platform.

Article 14. User Accounts

You must register for an Account in order to use the Platform. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must provide accurate and complete information during registration.

Article 15. Users

Users may use the appointment reservation services through the BAS Platform with selected Providers completely free of charge.

• You warrant that you are over 18 years of age and that all the information you have provided is true and valid.
• You warrant that you will not use the Platform for advertising, nor will you use it for any advertising not approved by BAS.
• You warrant that you will not book an appointment through the Platform that you do not intend to use, and thereby misuse the services of this Platform.
• You warrant that you use the Platform in accordance with the law, and that you will not use it for misrepresentation or for publishing materials and communications that violate or in any way infringe the rights of other people, that are unlawful, threatening, defamatory, that violate privacy or publicity rights, vulgar, indecent, that contain hate speech, that are racially, ethnically, or otherwise inappropriate.
• You warrant that you will not use the Platform to transmit, or in any way make available, material that contains software viruses or any other computer code, or files that are created with the goal of interrupting, destroying, or limiting the functionality of computer software, hardware, or telecommunications equipment.
• You accept that the Platform and services contain proprietary information protected by applicable intellectual property and other laws. You further accept that all intellectual rights in the services and all software, materials, and methodologies used in providing the service or included in the service are the property of BAS. You warrant that you will not modify, publish, copy, transmit, lease, participate in transfer or sale, or in any way exploit the content, methodology, and/or software, in whole or in part, that is contained on the Platform or available through its services.

Article 16. Appointment booking

When submitting a request on the Platform, i.e. booking an appointment, the User selects one or more services, a location, employees, and the date and time of the appointment. The User may see additional information about the Provider in the info section and reviews, and on that basis make a decision on selection and appointment booking. The content and services offered on the Platform are provided by third parties — providers who deliver services, so BAS only has the role of forwarding that information.

The Provider, as the service provider, accepts or rejects the appointment booking. BAS is not responsible for, nor does it guarantee, the Provider's response.

Article 17. Communication

Communication between the User and Provider may take place via the Platform. We advise that communication be clear, constructive, and lead to the successful performance of the booked service. BAS is not responsible for the communication exchanged between the User and Provider.

Article 18. Service performance

Service performance takes place at the location specified in the reservation and may be at the Provider's location or the User's location. The User decides on the performance of the service. BAS does not guarantee the quality, safety, or legality of services provided by Providers.

Article 19. Service completion and Provider rating

Upon completion of the work, i.e. delivery of the service, the Provider completes the reservation unless the reservation is completed automatically. The User may rate the Provider, i.e. the service provider chosen, after the work is completed.

Article 20. Resolution of complaints

We are aware that disputes and complaints may occasionally arise between Users and Providers. We advise good faith on both sides in resolving such situations.

BAS is not responsible for the quality of the work performed by Providers or for any damage, but is willing to provide the User with support in resolving any complaints, by giving guidance and communicating with the Provider.

• The User should have proof of payment for the service or an invoice.
• The User should have evidence supporting the complaint.
• The User should have written correspondence stating that they called upon the Provider to remedy the defects, and that the Provider did not remedy the defects within a reasonable period or refused to remedy them.

Notwithstanding the foregoing, you accept and agree that BAS has no obligation to engage in or impose a resolution in any dispute between a User and Provider.

Article 21. Providers — registration conditions

The condition for joining the Platform is registration as a Provider. The conditions for registration are:

• the Provider is a legal entity, with a Tax ID (PIB/VAT) and a Registration number;
• the Provider is registered for the activity it offers to Users on the Platform;
• the Provider has a valid e-mail address, an active mobile phone number, and a Representative;
• the Provider performs the activity independently and provides the services themselves — intermediation on behalf of third legal or natural persons is not allowed;
• the Provider may have Employees, but the Provider or its Representative is responsible for the work that its employees perform on its behalf;
• the Provider has signed a Statement of Authorization for Registration in which the signatory warrants that they are authorized to register the company on the Platform.

If any of the listed conditions is not met, the Provider is obliged to submit a written statement to BAS within 10 days.

If BAS determines that the Provider does not meet one or more of the listed conditions, it may immediately terminate the cooperation without prior warning.

Article 22. Trial period

BAS enables the Provider a free trial period of providing services of 30 days on the Platform.

The trial period, together with the service package and their duration, may be changed by BAS without prior notice.

Article 23. Subscription plans, packages

Subscription plans are available on the Platform on the Pricing page.

On the Platform, during registration, we offer two subscription plans that the Provider may choose. The third, Enterprise plan, is available after the trial period by agreement with BAS. Changes to the chosen subscription plan are possible according to the rules given on the Pricing page. The subscription plan is paid according to the current price list published on the Platform on the Pricing page. The subscription plan may be cancelled according to the rules given on the Pricing page. The Provider is solely responsible for the payment of all taxes and for the payment of fees and other costs related to the Subscription plan, including VAT.

The price list and options available in the subscription plans are available on the Platform in the Pricing section.

Article 24. Setup and maintenance of the Provider's Dashboard

The Provider is solely responsible for setting up and maintaining the Provider's Dashboard. The Provider has at its disposal the following resources: documentation, FAQ pages, guides, chat functionality, and BAS team support.

BAS is not responsible for the content of the Provider's Dashboard. All data available on the Provider's Dashboard is the responsibility of the Provider. The content and intellectual property of the Provider on the Platform is published exclusively with their consent. At the Provider's request, BAS or the Provider themselves may remove their intellectual property or deactivate and delete the Provider's profile.

Article 25. Provider responsibilities

Providers are responsible for the accuracy of their data, availability, and quality of services provided. Providers must comply with all applicable laws and regulations in their jurisdiction.

• You warrant that you will not use the Platform for advertising, nor will you use it for any advertising not approved by BAS.
• You warrant that you use the Platform in accordance with the law, and that you will not use it for misrepresentation or for publishing materials and communications that violate or in any way infringe the rights of other people, that are unlawful, threatening, defamatory, that violate privacy or publicity rights, vulgar, indecent, that contain hate speech, that are racially, ethnically, or otherwise inappropriate.
• You warrant that you will not use the Platform to transmit, or in any way make available, material that contains software viruses or any other computer code, or files that are created with the goal of interrupting, destroying, or limiting the functionality of computer software, hardware, or telecommunications equipment.
• You accept that the Platform and services contain proprietary information protected by applicable intellectual property and other laws. You further accept that all intellectual rights in the services and all software, materials, and methodologies used in providing the service or included in the service are the property of BAS. You warrant that you will not modify, publish, copy, transmit, lease, participate in transfer or sale, or in any way exploit the content, methodology, and/or software, in whole or in part, that is contained on the Platform or available through its services.

Article 26. Payments — Providers

After the trial period expires, in order to continue using BAS services on our Platform, Providers agree to use the chosen subscription plan and to pay for BAS services.

As a condition for BAS to ensure payment processing, you agree to provide BAS with accurate and complete information about yourself in order for payment to be possible.

If a Provider does not make a payment on time or if BAS cannot collect via credit card or another payment method for any reason, BAS reserves all rights permitted by law to not allow the Provider's further operation.

Article 27. Taxes — Providers

You understand and agree that the Provider is solely responsible for determining their own tax filings and requirements related to tax collection for services provided to Users who book appointments via the Platform, and that we cannot and do not offer tax advice — neither for Providers as service providers nor for Users as their clients.

Article 28. Limitation of liability

• BAS warrants that the data of the User and Provider is as the Users and Providers have entered into fields on the Platform and that it will not touch or change them, but it may draw attention so that Users and Providers correct the data.
• BAS does not guarantee that the User intends to honor the booked appointment, nor does it guarantee that the Provider will agree to honor it.
• BAS does not guarantee the data entered from the reservation, nor the realization and fulfillment of all conditions from the reservation.
• BAS does not guarantee the responses of the User and Provider to messages or other types of communication.
• BAS does not guarantee that the User will pay for the work or services performed.

Article 29. Exclusion of a Provider

Exclusion of a Provider from the Platform may occur if:

• they no longer meet the basic conditions for participation on the Platform;
• due obligations have not been paid;
• unauthorized transfer of personal data to third parties is established;
• there is a complaint from a User regarding the work performed or services provided, with supporting evidence.

BAS will notify the Provider electronically within three days, without the obligation to refund the money paid for the subscription. BAS reserves the right to change the exclusion criteria.

Article 30. Personal data

In the processing of personal data, BAS acts in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "GDPR"), and with national legislation regulating the processing of personal data. More information in the Privacy Policy.

Article 31. Controller and processor of personal data

In relation to personal data that the User provides about themselves when registering and using the Platform, BAS acts as the Data Controller within the meaning of Article 4(7) of the GDPR. Details regarding the purpose, legal basis, and retention periods of the processing are set out in the Privacy Policy.

In relation to personal data of third parties (the Provider's customers, the Provider's Employees, contacts, and other persons) that the Provider enters into the Provider's Dashboard for the purpose of running their own business, the Provider acts as the Data Controller, and BAS acts as the Processor within the meaning of Article 4(8) of the GDPR. The Provider is obliged to process such personal data in accordance with the GDPR and the Personal Data Protection Act of the Republic of Serbia, and to ensure an appropriate legal basis for its processing.

Article 32. Data Processing Agreement

For the scenario from Article 31(2) (when BAS acts as Processor in relation to data the Provider enters about third parties), by accessing the BAS Platform, a Data Processing Agreement under Article 28 of the GDPR is also concluded with the following content:

The obligations of BAS as a Data Processor are that it will:

• a. process personal data only on the basis of documented instructions from the User;
• b. ensure that authorized BAS employees who come into contact with personal data are bound by confidentiality;
• c. implement appropriate technical and organizational measures in order to ensure a level of security appropriate to the risk. When assessing the appropriate level of security, BAS takes into account, in particular, the risks presented by processing — and in particular accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed. Technical data security is described in the Privacy Policy;
• d. taking into account the nature of the processing, assist the User by appropriate technical and organizational measures in fulfilling the User's obligation to respond to requests to exercise data subjects' rights under Chapter III of the GDPR (Rights of the data subject);
• e. assist the User in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR (Security of data), taking into account the nature of processing information available to BAS;
• f. notify the User of any personal data breach without undue delay, and at the latest within 72 hours of becoming aware of it, in accordance with Article 33 of the GDPR;
• g. provide the User with all necessary information in order to demonstrate compliance with the above obligations and enable the User to verify compliance with those obligations. All information regarding the processing of personal data by BAS is set out in the Privacy Policy.

Sub-processors: The User agrees that BAS may engage additional processors in the processing of personal data. BAS undertakes to inform the User of any planned changes regarding the acceptance of additional processors or their replacement and to give the User the opportunity to object to those changes. The list of processors is set out in the Privacy Policy.

Article 33. Jurisdiction in case of dispute

By consenting to these Terms, you agree to resolve disputes with BAS as follows:

Initial dispute resolution. Most disputes may be resolved without resort to litigation. You may contact BAS support at support@bookaservice.rs. Apart from lawsuits for the protection of intellectual property and small court disputes, the parties agree to make their best effort to resolve any dispute, claim, question, or disagreement directly through consultation with BAS support, and good-faith negotiations will be a condition for either party to commence a lawsuit or arbitration.

For disputes arising from the use of the services of the Platform or the General Terms of Service, only the laws of the Republic of Serbia apply. You agree that any claim or dispute you have against BAS that is not subject to arbitration must be resolved by a court, unless the parties have agreed otherwise. You agree to submit to the personal jurisdiction of the courts located in Niš or Belgrade for the purpose of litigating all such claims or disputes that are not subject to arbitration. By this, you hereby waive any defenses related to legal jurisdiction and venue that would otherwise be available.